OAR 632-030-0056
Appeals

(1)

Prior to the initiation of an administrative appeal of any Departmental order, notice, fee, or other action made pursuant to the Act or the rules adopted thereunder, the applicant or permittee may first request that the State Geologist informally review and resolve the matter. The State Geologist will provide a written decision within 30 days of receipt of such an informal request. If the State Geologist is unable to resolve the informal request, the applicant or permittee may request a contested case hearing by the Board or its designee for final resolution of the matter. Appeals must be filed within 30 days of receipt of the order, notice, other action being appealed, or receipt of State Geologist written decision except as otherwise provided by OAR 632-030-0030 (Department Action on Reclamation Plan and Operating Permit Application; Provisional Operating Permits; Local Government Actions)(4) and by the applicable provisions of 183.310 (Definitions for chapter) through 183.550. A final determination by the Board must be made before any appeal for judicial review under ORS 183.480 (Judicial review of agency orders) is allowed.

(2)

An applicant or permittee requesting a hearing for consideration of any appeal shall state the reasons for requesting the hearing and the objections to the Department’s order, notice, fee, or other action in accordance with ORS 183.430 (Hearing on refusal to renew license)–183.470 (Orders in contested cases).

Source: Rule 632-030-0056 — Appeals, https://secure.sos.state.or.us/oard/view.action?ruleNumber=632-030-0056.

632–030–0005
Purpose and Application of These Rules 632–030–0010
Definitions 632–030–0015
Information Requirements 632–030–0016
Exclusion Certificates 632–030–0017
Limited Exemption 632–030–0018
County Authority 632–030–0019
Surface Mining on Federal Lands 632–030–0020
Procedures for Applying for an Operating Permit 632–030–0021
Performance Bonds and Alternative Forms of Security 632–030–0022
Fees 632–030–0024
Inspections 632–030–0025
Requirements for an Operating Permit and Reclamation Plan 632–030–0026
On-Site Construction Waiver 632–030–0027
Minimum Standards for a Reclamation Plan 632–030–0030
Department Action on Reclamation Plan and Operating Permit Application 632–030–0033
Reclamation by the Department 632–030–0035
Modification of an Operating Permit 632–030–0040
Maintaining an Operating Permit 632–030–0041
Permit and Exemption Transfer 632–030–0042
Termination of Operating Permits 632–030–0045
Obtaining Bond Release 632–030–0049
Emergency Operating Permits 632–030–0052
Temporary Operating Permits 632–030–0056
Appeals 632–030–0070
Penalty Warning

Last Updated

Jun. 8, 2021

Rule 632-030-0056’s source at or.us

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Location: https://oregon.public.law/rules/oar_632-030-0056

Original Source: Rule 632-030-0056 — Appeals, https://secure.sos.state.or.us/oard/view.action?ruleNumber=632-030-0056 (last accessed Jun. 8, 2021).