OAR 734-051-3090
Post-Decision Collaborative Discussion


(1)

Purpose. An applicant or permit holder may request a collaborative discussion pursuant to this rule. The post-decision collaborative discussion process is an optional dispute resolution process that falls outside the 120-day timeline in OAR 734-051-3040 (Private Approach Permit Application Review, Approvals and Timelines)(4).

(2)

Conduct of the Post-Decision Collaborative Discussion. The post-decision collaborative discussion with the department shall be conducted as follows:

(a)

The collaborative discussion shall be conducted under the alternative dispute resolution model in ORS 183.502 (Authority of agencies to use alternative means of dispute resolution);

(b)

The applicant must request the collaborative discussion in writing before the discussion may proceed;

(c)

During the post-decision collaborative process, the applicant or permittee and the department may present new or additional information in writing or in person for the collaborative discussion; and

(d)

The collaborative discussion shall be conducted not more than forty-five (45) days from the date of the agreement to collaborate, unless the department and applicant or permittee agree to an extension.

(3)

Settlement Offer. When the collaborative discussion process has concluded, the director may accept, modify or reverse the department’s original decision in making a settlement offer. The director shall notify the applicant or permit holder in writing of the department’s settlement offer.

(4)

When the Applicant Rejects Settlement Offer. Except for review of a department determination pursuant to OAR 734-051-3020 (Change of Use of a Private Connection)(10)(a), when an applicant rejects the director’s settlement offer, the department will notify the applicant of their right to request review of the final department decision by dispute review board under OAR 734-051-3100 (Access Management Dispute Review Board) or contested case hearing under OAR 734-051-3110 (Contested Case Hearing Process).

Source: Rule 734-051-3090 — Post-Decision Collaborative Discussion, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-3090.

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 734-051-3090’s source at or​.us