justicedao/ipfs_state_laws huggingface dataset:
629-001-0020 Requesting Hearings (1) All requests for hearing shall be made in writing, within the time period provided by statute or rule. (2) All requests shall specifically state the issues to be addressed and the relief sought. (3) Requests for hearing involving civil penalties shall comply with OAR 629-670-0310. (4) Requests for hearing involving a finding or order of the State Forester issued under ORS 527.610 to 527.770 shall comply with OAR 629-672-0200. (5) Requests for hearing by persons adversely affected or aggrieved by an operation approved under ORS 527.670(3) shall comply with OAR 629-672-0210. (6) Requests for hearing involving land exchanges shall comply with OAR 629-033-0055. Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 1-2026, amend filed 01/09/2026, effective 01/12/2026 DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11 DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11 DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0025 Conduct of Hearings (1) Unless otherwise provided by law or order of the board or State Forester in a specific case, contested case hearings will be conducted by an administrative law judge, who shall prepare a proposed order for consideration by the board or State Forester. (2) Unaccepted proposals of settlement shall be privileged and shall not be admissible as evidence in the proceeding. (3) In civil penalty proceedings, conferences and hearings shall held at locations which are within the forest practices region of the person being assessed the penalty, unless otherwise agreed to by the State Forester and parties. (4) The issues for hearing shall be limited to those raised by the parties or by the State Forester in a request for hearing or other pre-hearing filings. (5) Timing of hearings and orders are stated as follows, unless all parties agree to an extension of the time limits: (a) For appeals from orders of the State Forester under ORS 527.700(1), hearings shall be commenced within 14 days after receipt of the request for hearing, and a final order shall be issued within 28 days of the request for hearing. (b) For appeals by persons adversely affected or aggrieved by an operation under ORS 527.700(3), hearings shall be commenced within 21 calendar days after receipt of the request for hearing. The board’s comments shall be issued within 45 days after the request for hearing was filed. (c) For appeals by persons adversely affected or aggrieved by a proposed or amended stewardship agreement, hearings shall be commenced within 45 calendar days after receipt of the request for hearing. A final order shall be issued within 45 calendar days of the concluded hearing. (d) Hearings on notices of civil penalty under ORS 527.687 shall not be held less than 45 days from the date of service of the notice of penalty. The hearing shall be held not more than 180 days following issuance of the notice. (6) In order to comply with statutory timelines, the administrative law judge may establish time limits different from those under OAR 137-003-0580 for making and responding to motions for ruling on legal issues. The administrative law judge shall not consider a motion for ruling on a legal issue if the agency requests that the case proceed to a hearing on that issue. Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06 DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06 DOF 2-2004, f. & cert. ef. 2-10-04 DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0030 Transmittal of Questions to the Agency (1) Questions transmitted to the agency, as provided for in OAR 137-003-0635 in the Attorney General’s Model and Uniform Rules, shall be transmitted to the State Forester. (2) Response may be made by the State Forester or the State Forester’s delegate. Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0035 Immediate Review by Agency (1) Matters referred to the agency for immediate review, as provided for in OAR 137-003-0640 in the Attorney General’s Model and Uniform Rules, shall be transmitted to the State Forester. (2) Rulings on requests for immediate review may be made by the State Forester or the State Forester’s delegate. Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0040 Exceptions to Proposed Orders (1) In all cases in which the administrative law judge is to issue a proposed order, exceptions by a party or the agency must be filed in the manner and time specified by the administrative law judge, making allowance for any statutory timeline applicable to the proceeding. If no time is specified, exceptions must be filed with the administrative law judge within seven days after the proposed order is issued. (2)(a) The exceptions shall be confined to factual and legal issues which are essential to the ultimate and just determination of the proceeding, and shall be based only on grounds that: (A) A necessary finding of fact is omitted, erroneous, or unsupported by the preponderance of the evidence on the record; (B) A necessary legal conclusion is omitted or is contrary to law or the board's policy; or (C) Prejudicial procedural error occurred. (b) The exceptions shall be numbered and shall specify the disputed finding, opinions, or conclusions. The nature of the suggested error shall be specified and the alternative or corrective language provided. (3) A proposed order will become a final order if no exceptions are filed within the time specified, unless the agency notifies the parties and the administrative law judge that the agency will issue the final order. All proposed orders shall include a statement to this effect. Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 2-2004, f. & cert. ef. 2-10-04 DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0045 Final Orders in Contested Cases (1) Following hearing, the administrative law judge will prepare the record and proposed order for filing with the board as expeditiously as possible. In the case of hearings related to orders of the State Forester pursuant to ORS 527.700, the record and proposed order shall be filed with the board within five working days of the close of hearing unless an extension has been agreed to by the parties and State Forester. Except as provided in section (2) of this rule, no less than a majority of the board shall then review and consider the proposed order and record, hold a meeting or telephone conference, and take final action as provided for in this rule. (2) If upon a determination by the board chairperson, the board cannot complete a final order within applicable statutory time limits, the chairperson may delegate authority to issue a final order to the administrative law judge. (3) After reviewing and considering the proposed order and record, the board may do any of the following: (a) Schedule written or oral argument from the State Forester and any party that filed exceptions to the proposed order. The board chairperson shall determine whether oral argument, written argument, or both will be permitted after consulting with the board members. (A) Oral argument shall be allowed only if the board determines it is necessary or appropriate to assist in the proper disposition of the case, and shall be: (i) Limited to matters raised in written exceptions; and (ii) Conducted under such time limits as the board chairperson determines are appropriate. (B) The board chairperson shall notify the agency and parties of the form of argument, if any, to be allowed. (b) Remand the matter to the administrative law judge for further hearing on such issues as the board specifies, and to prepare a revised proposed order as appropriate, under OAR 137-003-0655(2). (c) Enter a final order adopting the recommendation of the administrative law judge. (d) Enter an amended proposed order or final order that modifies or rejects the recommendation of the administrative law judge. If the board decides to modify or reject the proposed order, the board must comply with OAR 137-003-0655 and 137-003-0665. Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 1-2026, amend filed 01/09/2026, effective 01/12/2026 DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 2-2004, f. & cert. ef. 2-10-04 DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0050 Reconsideration and Rehearing As a condition of judicial review, a party must file a petition for reconsideration or rehearing with the person or body which rendered the final order in the proceeding. The petition must state with specificity the grounds for objection to the order, and the remedy sought. Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 183.310 - 183.550 History: DOF 5-2002, f. & cert. ef. 7-1-02
629-001-0055 Delegation of Authority to State Forester In addition to any duties and responsibilities conferred upon the State Forester by law or delegation of authority from the Board of Forestry, the State Forester may, with regard to the administration of contested cases: (1) Execute any written order, on behalf of the board, which has been consented to in writing by the person or persons adversely affected by the order; (2) Prepare and execute written orders, on behalf of the board, implementing any action taken by the board on any matter; (3) Prepare and execute orders, on behalf of the board, upon default where: (a) The adversely affected party or parties have been properly notified of the time and manner in which to request a hearing and have failed to file a proper, timely request for a hearing; or (b) Having requested a hearing, the adversely affected person or persons have failed to appear at the hearing. (4) Prepare and execute written orders related to OAR 629-044-1041. Statutory/Other Authority: ORS 526.016(4), 527.685(4), 527.687(3) & 527.715 Statutes/Other Implemented: ORS 527.685 & 183.310 - 183.550 History: DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 2-2004, f. & cert. ef. 2-10-04 DOF 3-2003(Temp), f. 9-5-03, cert. ef. 9-8-03 thru 3-6-04
629-001-0057 Delegation of Authority to State Forester — Responding to Claims under ORS 197.352 (1) This rule delegates to the State Forester certain duties and responsibilities to carry out the authorities of the Board of Forestry and the Department in responding to claims under ORS 195.305 (Formerly Chapter 1, Oregon Laws 2005, 2004 Ballot Measure 37). This rule further provides for review and modification by the Board of Forestry of certain actions taken by the State Forester pursuant to this delegation of authority. (2) The State Forester is vested by the Board of Forestry with authority to respond to claims under ORS 195.305 by: (a) Reviewing claims; (b) Denying claims; (c) Recommending approval of claims by modifying, removing, or not applying the statute(s) or rule(s) that are the basis of the claim; or (d) Recommending payment of claims. These actions shall be done in compliance with Department of Administrative Services administrative rules relating to ORS 195.305. (3) The State Forester shall submit to the Board any recommendation made under paragraph (2)(c) or (d) of this rule. The Board may accept or modify the State Forester’s recommendation. (4) The State Forester shall establish procedures to provide notice of any action on a claim under ORS 195.305 as required by Department of Administrative Services administrative rules relating to ORS 195.305. (5) Actions by the Board of Forestry or State Forester on claims under this rule are actions under ORS 195.305, and are not orders under ORS 527.700. Statutory/Other Authority: ORS 197.352, ORS 526 & 527 Statutes/Other Implemented: ORS 197.352, 526.016, 526.031 & 526.041 History: DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 2-2006, f. 1-11-06 cert. ef. 1-13-06
629-010-0005 Board Administration — Definitions The following words and phrases, when used in this division shall mean the following unless the context otherwise requires: (1) “Board” means the Board of Forestry of the State of Oregon. (2) “Chairperson or Chairman” means the Chairperson of the Board. (3) “Committee” means a committee of the Board. (4) “Secretary” means the State Forester. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0010 Rules of Order Roberts Rules of Order are adopted for the conduct of meetings of the Board and committees of the Board; however, Oregon statutes, specific rules of order adopted by the Board, or actions of the Board will take precedence over Roberts Rules of Order. Rules of order adopted by a committee shall not be effective until approved by the Board. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0020 Chairperson Under the provisions of ORS 526.009(1), the Chairperson has the following powers and duties: (1) The duties of a presiding officer as prescribed by Roberts Rules of Order. (2) The duty to appoint standing and ad hoc committees. (3) Pursuant to ORS 526.016(3), in cooperation with the State Forester, the duty to determine where Board meetings are to be held. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0030 Agendas The Secretary shall send an agenda together with the minutes of previously held committee meetings and the minutes of the last Board meeting to all members of the Board prior to each Board meeting. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0040 Order of Business The order of business of Board meetings shall be determined by the Chairperson in cooperation with the State Forester. At the request of any two Board members, the Chairperson shall include a specific item on the agenda. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0050 Quorum A majority of the members of the Board or a committee constitutes a quorum to do business. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0060 Meetings and Notice The Secretary shall follow the procedures established by the Attorney General for giving notices of Board and committee meetings. Unless a meeting is called exclusively for the purpose of holding an executive session pursuant to ORS 192.660, copies of the meeting notices shall be sent to organizations and individuals that the Board may designate. In addition, a copy of the notice shall be sent to any organization or individual that has indicated to the Chairperson or to the Secretary an interest in the subject matter to be considered at a meeting. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0080 Committees The Chairperson may appoint standing committees or ad hoc committees to consider matters of Board responsibility which are not feasible to be handled by the Board as a whole. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0090 Attendance In accordance with ORS 182.020, the Secretary shall submit a copy of the minutes of each Board meeting to the Governor or the Governor’s Assistant including members present and absent with an attachment indicating the members’ reason for absence. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0100 Compensation of Board Members If a Board member should elect to decline payment for compensation as set forth by ORS 292.495, the Board member shall submit a signed statement to that effect on forms available from the Administrative Secretary of the Forestry Department. After declining payment, a member may at any subsequent date choose to accept payment by submitting a written statement indicating this change. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 292.495 History: FB 3-1992, f. & cert. ef. 3-10-92 FB 38, f. 6-10-74, ef. 7-11-74
629-010-0200 Public Records — Charges for Copying and Purchasing Public Records Pursuant to ORS 192.430 and 192.440, the Department of Forestry establishes the following fees and section: (1) Copy Charges: (a) Fees will not be charged for copies of public records, which the State Forester has determined to be appropriate for dissemination without charge, under Department statutes and policies. Fees for other copies will be charged as provided in this rule; (b) A fee of 25¢ an image will be charged for copies made on standard office copy machines. This fee may be waived if fees total less than $2; (c) The charge for certifying copies of public records shall be $5 for the first ten pages and 25¢ for each additional page. This is in addition to other fees charged; (d) Office service labor will be charged for any service requiring excessive time beyond what is usually offered by the Department as free public service for research, compilation, and supervision of public records use. This shall be at the hourly rate of the employee or employees selected to do the job, plus the current percentage for other personnel expenses. Employees will be selected based on the needed skills and availability. An average hourly rate may be used if more than one employee is required. (2) Computer Processing Charges: (a) Actual computer time will be charged for the specific job; (b) Programmer, analyst, and clerical support time will be charged at rates noted in subsection (1)(d) of this rule; (c) A fee of 15¢ a page for computer printout will be charged; (d) Other supplies will be charged at actual cost; (e) A minimum fee of $5 will be charged for computer processing. (3) Other Charges: (a) Established costs will be charged for documents published by the Department, including booklets, maps, law books, and other materials; (b) Actual costs will be charged for tape recordings, photographs, and other materials; (c) Actual costs will be charged for mailing and shipping. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.430 - 192.440 History: FB 3-1992, f. & cert. ef. 3-10-92 FB 1-1986, f. & ef. 1-10-86
629-010-0210 Parking at Department-Owned Facilities — Purpose of Rule The Department of Forestry has developed OAR 629-010-0210 through 629-010-0230 to describe the Department’s policy regarding parking at facilities owned or controlled by the Department in compliance with ORS 276.595. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 276.595 History: FB 8-1996, f. & cert. ef. 11-7-96
629-010-0220 Definition "Department” means State of Oregon, Department of Forestry. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 276.595 History: FB 8-1996, f. & cert. ef. 11-7-96
629-010-0230 Procedures The following procedures shall apply: (1) The Department under the authority granted by ORS 276.595, shall maintain a policy of not charging parking fees for vehicles or other equipment at all facilities owned or controlled by the Department. (2) This policy will apply to all Department employees, Department visitors, members of boards, commissions, or committees, or any governmental entities. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 276.595 History: FB 8-1996, f. & cert. ef. 11-7-96
629-020-0000 Purpose The purpose of these rules is to establish the procedures used by the Department of Forestry in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR 660, divisions 030 and 031. The State Agency Coordination program will assure that the Department’s land use programs comply with statewide land use planning goals and are compatible with acknowledged city and county comprehensive plans and land use regulations. It is not the intent of these rules to prevent either the Board of Forestry or the Department of Forestry from carrying out their statutory responsibilities. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90
629-020-0010 Applicability This division is applicable to the following Department “land use” programs: (1) Administrative Services; and (2) State Forest Management; and (3) Any other Department program subsequently determined to affect land use pursuant to ORS 197.180 and OAR 660-030-0075. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90
629-020-0020 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations Prior to undertaking any action or program listed in OAR 629-020-0010, the Department shall find that the program or action complies with the statewide planning goals and is compatible with acknowledged comprehensive plans and land use regulations. The Department shall make its goal compliance and plan compatibility findings in accordance with OAR 629-020-0000 through 629-020-0080. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90