OAR 734-051-3060
Pre-Decision Collaborative Discussion for Highway Approach Permit Applications

(1)

Offer of Pre-Decision Collaborative Discussion. When the department intends to deny an application or approve an application with mitigation, it shall notify the applicant of its intent and offer to meet with the applicant in a pre-decision collaborative process, as described in sections (2) through (6), below.

(2)

Notice. The department notice in section (1) shall describe the basis of the preliminary decision, extend an offer to meet with the applicant to provide further explanation or clarification of the department’s preliminary decision, and provide the applicant an opportunity to propose modifications.

(3)

Goals of Pre-Decision Collaborative Discussion. The goals of the pre-decision collaborative process are to ensure that all relevant information has been fully considered, provide opportunity to resolve differences to the extent possible, and facilitate timely issuance of a final decision.

(4)

Timeline. The department’s notice of preliminary decision and offer of a collaborative process must occur within either the 30-day or 60-day application decision timeline under OAR 734-051-3040 (Private Approach Permit Application Review, Approvals and Timelines)(4), whichever is applicable. The department and applicant may agree to extend the timelines for the department’s final decision as part of the collaborative process.

(5)

Written Decision. Agreements reached using a pre-decision collaborative discussion shall be incorporated into the department’s permit decision.

(6)

Applicant May Decline Offer. If the applicant declines the offer of a collaborative process, or a collaborative agreement cannot be reached, the department shall issue its final decision in writing, including findings as set forth in OAR 734-051-3040 (Private Approach Permit Application Review, Approvals and Timelines)(9).

Source: Rule 734-051-3060 — Pre-Decision Collaborative Discussion for Highway Approach Permit Applications, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-3060.

734‑051‑1010
Authority for Rules — General Provisions 734‑051‑1020
Purpose and Intent of Rules 734‑051‑1030
Administration of Rules 734‑051‑1040
Relationship to Local Jurisdiction Rules and Regulations 734‑051‑1050
Procedure to Obtain a Permit to Construct or Modify a Public Approach 734‑051‑1060
Delegation of Permit Authority to Local Jurisdiction 734‑051‑1065
Restriction of Turning Movements for Existing Private Approaches 734‑051‑1070
Definitions 734‑051‑2010
Rights of Access — General Provisions 734‑051‑2020
Grants of Access 734‑051‑2030
Indentures of Access 734‑051‑3010
Administration of Private Approaches — Permit for Private Approach 734‑051‑3015
Presumption of Written Permission for an Existing Private Connection 734‑051‑3020
Change of Use of a Private Connection 734‑051‑3030
Application Requirements for State Highway Private Approach 734‑051‑3040
Private Approach Permit Application Review, Approvals and Timelines 734‑051‑3050
Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach 734‑051‑3060
Pre-Decision Collaborative Discussion for Highway Approach Permit Applications 734‑051‑3070
Mitigation Measures 734‑051‑3080
Post-Decision Review Processes 734‑051‑3090
Post-Decision Collaborative Discussion 734‑051‑3100
Access Management Dispute Review Board 734‑051‑3110
Contested Case Hearing Process 734‑051‑4010
Access Management Standards for Approaches — General Provisions 734‑051‑4020
Standards and Criteria for Approval of Private Approaches 734‑051‑4030
Benefit to the State Highway System 734‑051‑4040
Temporary Approaches 734‑051‑4050
Special Use Approaches 734‑051‑5010
Approach Design and Construction — Design of Approaches 734‑051‑5020
Issuance of Construction Permits 734‑051‑5030
Construction of Approaches 734‑051‑5040
Effective Period of Construction Permits 734‑051‑5050
Responsibility for Costs of Construction of Approaches 734‑051‑5060
Liability, Insurance and Bonding Requirements 734‑051‑5070
Review Procedure for Modifying a Construction Permit 734‑051‑5080
Issuance of a Permit to Operate, Maintain and Use an Approach 734‑051‑5090
Maintenance of Approaches 734‑051‑5100
Effective Period of Permit to Operate, Maintain and Use an Approach 734‑051‑5110
Revocation of Permits and Removal of Approaches 734‑051‑5120
Access Management in Project Delivery 734‑051‑6010
Remedies in Closure of Approaches — Authority and Purpose of OAR 734-051-6010 through 734-051-6060 734‑051‑6020
Definitions 734‑051‑6030
Offer of Remedies 734‑051‑6040
Procedure for Resolving Claims 734‑051‑6050
Appraisals 734‑051‑6060
Conditions of Agreement 734‑051‑6070
Delegation 734‑051‑7010
Access Management in Highway Facility Plans
Last Updated

Jun. 8, 2021

Rule 734-051-3060’s source at or​.us