OAR 734-051-3110
Contested Case Hearing Process

(1)

Right to a Contested Case Hearing. Pursuant to ORS 374.313 (Claim for relief after closure of approach road), a person holding an interest in real property, which is or would be served by an approach, may appeal a decision of the department by filing a request for a contested case hearing. Department decisions that result from conditions contained in a contract, condemnation judgment, recorded deed or permit cannot be appealed through the contested case hearing process.

(2)

Procedure. The contested case hearing procedure is subject to the following requirements in subsections (a) through (f) below:

(a)

The request for a hearing and the hearing are governed by OAR 137-003-0501 (Rules for Office of Administrative Hearings) through 137-003-0700 (Stay Proceeding and Order);

(b)

After receiving a request for a contested case hearing, the department shall notify the office of administrative hearings of the request for the hearing;

(c)

The hearings process falls within the 120-day timeline in OAR 734-051-3040 (Private Approach Permit Application Review, Approvals and Timelines)(4) unless the department and the applicant mutually agree to a time extension;

(d)

The department and the applicant may present additional information in writing or in person at the contested case hearing; and

(e)

An administrative law judge will review the department’s decision, conduct a hearing, and may approve, reverse, or modify the decision. The administrative law judge:

(A)

Shall issue a proposed order as set forth in OAR 137-003-0645 (Proposed Orders in Contested Cases);

(B)

May require conditions or limitations to be incorporated into the construction permit or the permit to operate; and

(C)

The filing of exceptions stays the 120-day timeline for ODOT’s final decision.

(f)

The director shall issue a final order or may adopt as final the proposed order issued by the administrative law judge.

Source: Rule 734-051-3110 — Contested Case Hearing Process, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-3110.

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 734-051-3110’s source at or​.us