OAR 734-051-6040
Procedure for Resolving Claims

(1)

Parties may agree to participate in mediation consistent with the applicable provisions of ORS 36.180 to 36.210 (Liability of mediators and programs) at any time during the process of determining the appropriate remedies, but prior to the final order in any contested case under OAR 734-051-3110 (Contested Case Hearing Process), as follows:

(a)

During mediation the parties may discuss any appropriate remedies in reaching agreement.

(b)

Such mediation may also occur during the post-decision collaborative discussion process under OAR 734-051-3090 (Post-Decision Collaborative Discussion) when the denial or closure meets the requirements for consideration of a remedy set forth in OAR 734-051-6010 (Remedies in Closure of Approaches — Authority and Purpose of OAR 734-051-6010 through 734-051-6060)(1).

(c)

The property owner and the department also may enter into an agreement to collaborate if the department determines that the difference between the remedies offered and remedies claimed by the property owner is less than $30,000.

(2)

The agreement to collaborate may provide for a mutually chosen mediator as defined in ORS 36.185 (Referral of civil dispute to mediation) to 36.210 (Liability of mediators and programs) to review the information made available to each party as of that time and other information mutually agreed to by the parties.

(3)

The value of the remedies offered and claimed will include a dollar value assigned by the department to any non-monetary remedies. Such review will result in a recommendation of remedies, subject to the condition that such remedies are neither less than the lower nor more than the greater of the offer and claim, in terms of assigned monetary value.

(4)

The remedies recommended by the third party will be presented to the director or the director’s designee. The director or designee shall take this recommendation into consideration in making subsequent offers of remedies.

Source: Rule 734-051-6040 — Procedure for Resolving Claims, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-6040.

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 734-051-6040’s source at or​.us