OAR 738-070-0170
Administrative Appeal
(1)
The proponent of a construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not given an opportunity to state it, may petition the Director, within 30 days after issuance of the determination under OAR 738-070-0090 (Acknowledgment of Notice) or 738-070-0160 (Aeronautical Studies) or revision or extension of the determination under 738-070-0180 (Effective Period of Determination of No Hazard), for a review of the determination, revision, or extension. This section does not apply to any acknowledgment issued under 738-070-0090 (Acknowledgment of Notice)(3)(a) that does not exceed standards and does not constitute a hazard.(2)
The petition must be in triplicate and contain a full statement of the basis upon which it is made.(3)
Except under section (4) of this rule the Director will examine each petition and decide whether a review will be made and, if so, whether it will be:(a)
A review on the basis of written materials, including a study of a report by the Department of the aeronautical study, briefs, and related submissions by any interested party, and other relevant facts. Following such review, the Director may affirm, revise, or reverse the determination issued under the provisions of this rule;(b)
A review on the basis of a hearing, conducted in accordance with the procedures prescribed in the Administrative Procedures Act for contested cases.(4)
If petitioner qualifies under section (1) of this rule and requests a contested case hearing, the review will be conducted as a contested case under the Administrative Procedures Act. (ORS Chapter 183 (Administrative Procedures Act)).
Source:
Rule 738-070-0170 — Administrative Appeal, https://secure.sos.state.or.us/oard/view.action?ruleNumber=738-070-0170.