ORS 830.936
Hearing
(1)
If an owner of a vessel requests a preseizure hearing as provided in ORS 830.918 (Preseizure notice) (5), the enforcement agency may not seize the vessel until after the hearing.(2)
If an owner of a vessel requests a hearing as provided in ORS 830.918 (Preseizure notice) (5) or 830.931 (Post-seizure notice) (4), the enforcement agency shall set a time for the hearing that is no more than seven business days after the enforcement agency receives the request. The enforcement agency shall provide notice of the hearing to the person requesting the hearing, and to all other persons described in ORS 830.918 (Preseizure notice) (1).(3)
If an owner of a vessel requests a hearing under this section and fails to appear at the hearing, the owner is not entitled to another hearing unless the owner shows good reasons to the enforcement agency for the person’s failure to appear.(4)
An enforcement agency shall conduct a single hearing under this section for all requests for hearing that relate to the same vessel.(5)
Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the standards for presentation of evidence under ORS 183.450 (Evidence in contested cases).(6)
If the notice given under ORS 830.918 (Preseizure notice) indicates that the enforcement agency proposes to seize a vessel by reason of being an abandoned vessel, and the owner of a vessel requests a preseizure hearing under ORS 830.918 (Preseizure notice) (5), the owner may present a plan of action for moving the vessel to a place where the vessel can be lawfully kept. If the notice given under ORS 830.918 (Preseizure notice) indicates that the enforcement agency proposes to seize a vessel by reason of being a derelict vessel, and the owner of a vessel requests a preseizure hearing under ORS 830.918 (Preseizure notice) (5), the owner may present a plan of action for remedying the problems identified in the notice. If the hearing officer approves the plan of action, the hearing officer by order may establish a time for moving the vessel, or remedying the problems, that is later than the time specified in the notice. If the hearing officer issues an order under this subsection, and the owner fails to move the vessel, or to remedy the problems, within the time allowed, the enforcement agency may seize the vessel and take such other action authorized under ORS 830.908 (Definitions for ORS 830.908 to 830.948) to 830.948 (Salvaged Vessel Subaccount) without further notice to the owner or opportunity for hearing except:(a)
Giving post-seizure notice under ORS 830.931 (Post-seizure notice); and(b)
If the owner requests a hearing under ORS 830.918 (Preseizure notice) (5), allowing the owner to challenge the reasonableness of salvage, towing or storage costs as provided under ORS 830.931 (Post-seizure notice) (5).(7)
If the owner of a vessel requests a post-seizure hearing under ORS 830.931 (Post-seizure notice) (4) to challenge the reasonableness of costs incurred by the enforcement agency in salvaging, towing or storage of the vessel, costs that were incurred in compliance with laws, ordinances or rules establishing allowable costs for those purposes are reasonable as a matter of law.(8)
If an enforcement agency determines after a hearing under this section that seizure of the vessel is not warranted under the law, the enforcement agency shall immediately release custody of the vessel to the owner who requested the hearing and may not charge the owner any costs incurred by the agency in salvaging, towing or storage of the vessel.(9)
If an enforcement agency determines after a hearing under this section that seizure of the vessel is warranted, the enforcement agency shall seize the vessel if the vessel has not already been seized and dispose of the vessel as provided in ORS 830.933 (Reclamation of seized vessel).(10)
An enforcement agency shall mail a written statement of the enforcement agency’s determination to all owners who requested a hearing under this section.(11)
The hearing officer at a hearing under this section may be an officer, official or employee of the enforcement agency but may not have participated in any determination or investigation related to seizure of the vessel that is the subject of the hearing.(12)
If the enforcement agency conducting a hearing under this section is a state agency, the determination of the enforcement agency is an order other than a contested case and is subject to review under ORS 183.484 (Jurisdiction for review of orders other than contested cases). If the enforcement agency conducting a hearing under this section is not a state agency, judicial review of the order is as provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [2013 c.680 §7]
Source:
Section 830.936 — Hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors830.html.
Up to date