OAR 734-051-3100
Access Management Dispute Review Board

(1)

Dispute Review Board. In addition to requesting a contested case hearing under OAR 734-051-3110 (Contested Case Hearing Process) or a post-decision collaborative discussion with the department under OAR 734-051-3090 (Post-Decision Collaborative Discussion), an applicant or permittee may request review of a department decision or department determination pursuant to 734-015-3020(10)(a) through an access management dispute review board process. The dispute review board 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)

Dispute Review Board Members. The department shall appoint an access management dispute review board consisting of any or all of the following in subsections (a) through (d) below:

(a)

The director, or a designee of the director who is familiar with the location in which the disputed approach is located;

(b)

A representative of the local jurisdiction in which the disputed approach is located;

(c)

A traffic engineer who practices engineering in Oregon; and

(d)

A representative from the economic or business sector.

(3)

Procedure. The dispute review board review shall be conducted as follows:

(a)

The access management dispute review board shall consider information presented by the parties;

(b)

The applicant or permittee and the department may present new information to the dispute review board, if the new information has been shared with the other party in advance of the scheduled meeting and the party receiving the new information has a reasonable amount of time to prepare a response; and

(c)

The dispute review board shall notify the applicant or permittee and the director of its findings regarding the department’s original decision or its recommendations pursuant to OAR 734-051-3020 (Change of Use of a Private Connection)(10)(a).

(d)

The dispute review board review shall be conducted not more than forty-five (45) days from the date of applicant’s request, unless the department and applicant or permittee agree to an extension.

(4)

Settlement Offer. The director shall review the access management dispute review board’s findings and recommendation and may accept, modify or reverse the department’s original decision or determinations pursuant to OAR 734-051-3020 (Change of Use of a Private Connection)(10)(a) in making a settlement offer. The director shall notify the applicant or permit holder in writing of the department’s settlement offer.

(5)

Rejection of Settlement Offer. Where an applicant rejects a settlement offer with respect to a determination pursuant to OAR 734-051-3020 (Change of Use of a Private Connection)(10)(a), the department will issue a final decision pursuant to 734-51-3020(10)(b). In all other cases, if the applicant rejects the settlement offer, the applicant or permit holder is entitled to file a request for a contested case hearing of the original decision within 21days of the issuance of the settlement offer.

Source: Rule 734-051-3100 — Access Management Dispute Review Board, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-3100.

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 734-051-3100’s source at or​.us