justicedao/ipfs_state_laws huggingface dataset:
738-130-0015 Definitions For the purposes of OAR 738-130-0005 through 738-130-0135 the following definitions apply: (1) “Affected City or County” means a city or county that has comprehensive planning authority over a site or area which is directly impacted by a proposed Board or Department action. (2) “Affected State and Federal Agencies” means state and federal agencies identified in the Department’s state agency coordination program. (3) “Board” means the Aviation Board. (4) “Class 1 Projects” means projects meeting federal criteria for Class 1 Projects under the National Environmental Policy Act (NEPA) and federal agency regulations which carry out NEPA requirements. (5) “Class 2 Projects” means projects meeting federal criteria for Class 2 Projects under NEPA and federal agency regulations which carry out NEPA requirements. (6) “Class 3 Projects” means projects meeting federal criteria for Class 3 Projects under NEPA and federal agency regulations which carry out NEPA requirements. (7) “Department” means the Department of Aviation. (8) “DLCD” means the Department of Land Conservation and Development. (9) “Facility Plan” means a plan for a transportation facility such an airport master plan. (10) “Metropolitan Planning Organization” means the organization designated by the Governor to coordinate transportation planning in an urbanized area of the state. (11) “Oregon Aviation Plan” means a plan for a statewide system of aviation that includes identification of system needs, classification of facilities, and establishment of policies as defined in the Oregon Aviation Plan. (12) “New Transportation Facility” means a transportation facility that does not currently exist. It does not mean the expansion of an existing transportation facility. (13) “Transportation Facility” means a facility and all of its parts which are used for conveying and managing the transportation of people and goods. It includes all associated structures and alterations that are necessary to protect public safety and mitigate the environmental effects of a transportation facility. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0025 Applicability The provisions of OAR 738-130-0005 through 738-130-0135 apply to the following programs and activities: (1) Adoption of the Transportation Policy Plan. (2) Adoption of Oregon Aviation Plan. (3) Adoption of transportation facility plans. (4) Adoption of project plans for Class 1 and Class 3 projects. (5) Adoption of project plans for Class 2 projects which would involve any of the activities listed in OAR 738-130-0035. (6) Carrying out operations, maintenance and modernization activities, which would involve any of the activities listed in OAR 738-130-0035. (7) Issuing any of the following permits or licenses for Airport Site Approval and License (8) Renewing permits or licenses for proposed expansion of a licensed airport to permit service to a larger class of aircraft. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0035 Activities Which Significantly Affect Land Use The following activities undertaken by the Department significantly affect land use: (1) Adopting Airport Master Plans which significantly affect the objectives of the Transportation Goal (Goal 12). (2) Enlarging an existing transportation facility to increase the level of transportation service provided, relocating an existing transportation facility, or constructing a new transportation facility. (3) Constructing a new Airport Operations Area (AOA), enlarging an existing AOA, or significantly changing the use of an existing AOA. (4) Changing the size of land parcels through the purchase or sale of property. (5) Altering land or structures in a way that significantly affects resources or areas protected by the statewide planning goals or acknowledged comprehensive plans. Examples include: (a) Placing or disposing of materials in wetlands, waterways or floodplains; (b) Draining wetlands by ditching or by other means; (c) Removing riparian vegetation. (6) Agency review of proposed development in and around Airport Safety Overlay Zone areas in order to promote aviation safety by prohibiting structures, trees, and other objects of natural growth from penetrating “airport imaginary surfaces.” (7) Agency review of structures outside of Airport Safety Overlay Zone areas that could be classified as a hazard to air navigation based on the Federal Aviation Administration Advisory Circular (A/C) 7460-1. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0045 Coordination Procedures for Adopting Final Oregon Aviation Plan (1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts and other parties in the development or amendment of a Oregon Aviation Plan. This involvement may take the form of mailings, meeting, or other means that the Department determines are appropriate for the circumstances. The Department shall hold at least one public meeting on the plan prior to adoption. (2) The Department shall evaluate and write draft findings of compliance with all applicable statewide planning goals. (3) If the draft plan identifies new facilities which would affect identifiable geographic areas, the Department shall meet with the planning representatives of affected cities, counties and metropolitan planning organization to identify compatibility issues and the means of resolving them. These may include: (a) Changing the draft plan to eliminate the conflicts; (b) Working with the affected local governments to amend their comprehensive plans to eliminate the conflicts; or (c) Identifying the new facilities as proposals which are contingent on the resolution of the conflicts prior to the completion of the transportation planning program for the proposed new facilities. (4) The Department shall present to the Aviation Board the draft plan, findings of compatibility for new facilities affecting identifiable geographic areas, and findings of compliance with all applicable statewide planning goals. (5) The Aviation Board, when it adopts a final Oregon Aviation Plan, shall adopt findings of compatibility for new facilities affecting identifiable geographic areas and findings of compliance with all applicable statewide planning goals. (6) The Department shall provide copies of the adopted final Oregon Aviation Plan and findings to DLCD, the metropolitan planning organizations, and others who request to receive a copy. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0075 Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use The procedures in this section shall be followed when the Department determines that a Class 2 project would significantly affect land use in accordance with OAR 731-130-0035. (1) Planning officials of affected cities and counties shall be contacted at the start of project planning to identify any possible compliance or compatibility conflicts and ways to avoiding conflicts. (2) The Department shall attempt to avoid any identified compliance or compatibility conflicts as it develops its plans. (3) Planning officials of affected cities and counties shall be requested to review preliminary final plans to identify whether any local land use approvals are needed and whether any of the acknowledged comprehensive plan’s general provisions would be substantially affected. If no local planning approvals are required and if the plan’s general provisions would not be substantially affected the Department shall conclude that the project is compatible. If no comments are received from an affected local jurisdiction within 15 days of the Department’s request for a compatibility determination, the Department shall deem that the preliminary project plans are compatible with the acknowledged comprehensive plan for that jurisdiction. The Department may extend the reply time if requested to do so by an affected city or county. (4) If any local planning approvals are required the Department shall either modify its project plans so as to not require approvals, or shall apply for the necessary approvals. (5) If the affected city or county does not grant approval, the Department may: (a) Modify the project plans so as to not require approval; (b) Discontinue further work on the project; or (c) Appeal the city or county decision. (6) The Department shall obtain local planning approvals prior to construction of the project. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0085 Coordination Procedures for Operations, Maintenance and Modernization Activities The procedures in this rule shall be followed when the Department determines that an operations, maintenance or modernization activity would significantly affect land use in accordance with OAR 738-130-0035 unless compliance with the statewide planning goals and compatibility with acknowledged comprehensive plans has been established through application of OAR 738-130-0075 or 738-130-0085. (1) The Department shall consult planning officials of the affected city or county to determine whether any local land use approvals are required to carry out the proposed activity. (2) If any local planning approvals are required, the Department shall either modify the proposed activity so as to not require approval, or shall apply for the necessary approvals. (3) If the approvals are not granted the Department may: (a) Modify the proposed activity so as to not require permits; (b) Not do the proposed activity; or (c) Appeal the local decision. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0095 Coordination Procedures for the Disposal of Airport Land (1) The Department shall notify potential buyers of their responsibility to establish compliance and compatibility. (2) The Department shall obtain a written statement from a planning official of the affected city or county that all land use planning approvals have been obtained or that the planned sale complies with the acknowledged comprehensive plan but no local land use approvals are needed. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0105 Permit Program Procedures (1) The Department shall notify applicants for permits or licenses or renewals of permits or licenses listed in OAR 738-130-0025 of their responsibility to demonstrate compliance and compatibility. (2) The Department shall not issue a permit unless certification of compatibility is demonstrated by the applicant. The Department may deny, condition or further restrict a permit that is compatible as necessary to carry out applicable Department rules and statutes. (3) Certification shall be documentation that all local land use planning approvals have been obtained or a written statement by a planning official of the affected city or county that the application complies with the acknowledged comprehensive plan but no local land use approvals are needed. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0115 Referral of Compatibility Disputes to the Land Conservation and Development Commission If a compatibility conflict persists after pursuing the compatibility procedures listed in OAR 738-130-0045 through 738-130-0115, the Department shall request that the Land Conservation and Development Commission make a compatibility determination in accordance with 660-030-0070(7) through (12). Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-130-0125 Statewide Goal Compliance and Acknowledged Plan Compatibility for New or Amended Rules and Programs Significantly Affecting Land Use (1) The Board and Department shall follow the procedures in OAR 660-030-0075 to assure that new or amended rules and programs comply with the requirements of ORS 197.180 and OAR chapter 660, division 30. (2) The Department shall determine whether new or amended rules and programs affect land use pursuant to OAR 660-030-0005(2) and 738-130-0035. (3) This section shall not apply to the adoption of temporary rules or programs. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15
738-140-0005 Scope and Purpose (1) These rules are designed by the Oregon Department of Aviation to establish procedures and requirements for the administration and enforcement of civil penalties. These rules are intended to explain the authority granted to the Director of the Department of Aviation by ORS 835.106 and 835.112 et seq. The civil penalty authority described in these rules is in addition to other authorities and corrective actions available to the Director and the Department regarding violations of ORS chapter 837. Civil penalties imposed under these rules apply to violations of ORS chapter 837 and associated rules, orders, or permits included in, implemented, or issued, in accordance with ORS 837.998 and 183.745. (2) At the Director’s discretion, imposition of a civil penalty may be waived when the responsible party responds with timely compliance or voluntary restitution. If the timely compliance or restitution action(s) satisfy the Department, and the violation avoided long-term and irreversible impacts on public health, safety, welfare, and economic values of persons or property, then the Director may mitigate the consequences of the violation. (3) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745. (4) The Department of Aviation may reduce any civil penalty provided for in this section on such terms as the department considers proper if: (a) The defendant admits the violations alleged in the notice and makes timely request for reduction of the penalty; or (b) The defendant submits to the department a written request for reduction of the penalty within 15 days from the date the penalty order is served. (5) If the amount of such penalty is not paid to the department, the Attorney General, at the request of the department, shall bring an action in the name of the State of Oregon in the Circuit Court of Marion County to recover such penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the department. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter. Statutory/Other Authority: ORS 835.035, 835.112 & 837.998 Statutes/Other Implemented: ORS 837.005 - 837.998 History: AVIA 6-2015, f. & cert. ef. 12-15-15
738-140-0010 Definitions For purposes of 738-140-0005 through 738-140-0050, the following definitions apply: (1) “Aircraft” is a device that is used or intended to be used for flight in the air. (2) “Class A Violation” is an action or non-action in breach of a statute or rule that incurs a maximum fine of $2,000 for an individual and $4,000 for a corporation in accordance with ORS 153.012. See also: ORS 153.018, 153.019, 153.021. (3) “Department” is the Oregon Department of Aviation. (4) “Director” is the Director of the Oregon Department of Aviation. (5) “Director’s delegate” is any person acting with sanction from and on behalf of the Director of the Department of Aviation. (6) “Intentional” is the deliberate or willful action or non-action of a person or entity. (7) “OAR” is the Oregon Administrative Rules. (8) “ORS” is the Oregon Revised Statutes. (9) “Violation” is a breach of a statute, rule, standard, or permit condition. (10) “Violator” is any person, entity, or public department that has breached a statute, rule, standard, or permit condition. Statutory/Other Authority: ORS 153.022, 183.745, 835.035, 835.112 & 837.998 Statutes/Other Implemented: ORS 837.005 - 837.998 History: AVIA 2-2022, temporary amend filed 06/16/2022, effective 06/16/2022 through 12/12/2022 AVIA 6-2015, f. & cert. ef. 12-15-15
738-140-0015 Civil Penalty Policy Upon a determination that a violation has occurred, the Director or Director’s delegate may impose a civil penalty against the party responsible for the violation. The Director or Director’s delegate may waive or adjust any civil penalty as provided in OAR 738-140-0015, 738-140-0020, or 738-140-0030. Imposing a civil penalty under these rules for a violation shall not preclude the Director or Director’s delegate from pursuing other regulatory or penalty actions. Statutory/Other Authority: ORS 153.022, 183.745, 835.035, 835.112 & 837.998 Statutes/Other Implemented: ORS 837.005 - 837.998 History: AVIA 6-2015, f. & cert. ef. 12-15-15
738-140-0025 Intentional Violation of Public Body Registration of Unmanned Aircraft Systems Requirement Violation of any provision of ORS 837.360 concerning public body registration of unmanned aircraft systems may incur a civil penalty of an amount computed using the formula described in OAR 738-140-0030, whichever is greater, where “BF” is the base fine and shall be equal to $111.00. The maximum civil penalty that may be imposed under these rules is $10,000. Statutory/Other Authority: ORS 153.022, 183.745, 835.035, 835.112 & 837.998 Statutes/Other Implemented: ORS 837.005 - 837.998 History: AVIA 6-2015, f. & cert. ef. 12-15-15
738-140-0030 Formula to Determine Amount of Civil penalty for Violations of Chapter 837 [Table not included. See ED. NOTE.] [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 153.022, 183.745, 835.035, 835.112 & 837.998 Statutes/Other Implemented: ORS 837.005 - 837.998 History: AVIA 2-2022, temporary amend filed 06/16/2022, effective 06/16/2022 through 12/12/2022 AVIA 6-2015, f. & cert. ef. 12-15-15
738-140-0035 Notice of Violation (1) The agency’s notice of violation issued pursuant to ORS 183.415 shall include: (a) A caption with the name of the agency and the name of the person or agency to whom the notice is issued; (b) A short and plain statement of the matters asserted or charged and a reference to the particular sections of the statute and rules involved; (c) A statement of the party’s right to be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources; (d) A statement of the party’s right to a hearing; (e) A statement of the agency’s authority and jurisdiction to hold a hearing on the matters asserted or charged; and (f) Either: (A) A statement of the procedure and time to request a hearing, the agency address to which a hearing request should be sent, and a statement that if a request for hearing is not received by the agency within the time stated in the notice the person will have waived the right to a hearing; or (B) A statement of the time and place of the hearing. (g) A statement indicating whether and under what circumstances an order by default may be entered. (2) A notice of violation may include either or both of the following: (a) A statement that the record of the proceeding to date, including information in the agency file or files on the subject of the violation and all materials submitted by the party, automatically becomes part of the violation record upon default for the purpose of proving a prima facie case; (b) A statement that a collaborative dispute resolution process is available as an alternative to a hearing, if requested within the time period stated in the notice, and that choosing such a process will not affect the right to a hearing if a hearing request is received by the agency within the time period stated in the notice and the matter is not resolved through the collaborative process. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 835.035 & 835.112 History: AVIA 6-2015, f. & cert. ef. 12-15-15
738-140-0040 Rights of Parties and Opportunity for Hearing (1) In addition to the information required to be given in writing under ORS 183.413(2) and 183.415(2) and (3), before commencement of a hearing, the agency shall inform a party, if the party is an agency, corporation, or an unincorporated association, that such party must be represented by an attorney licensed in Oregon, unless statutes applicable to the contested case proceeding specifically provide otherwise. This information may be given orally or in writing. (2) Unless otherwise precluded by law, the agency and the parties may agree to use alternative methods of dispute resolution in contested case matters. Such alternative methods of resolution may include arbitration or any collaborative method designed to encourage the agency and the parties to work together to develop a mutually agreeable solution, such as negotiation, mediation, use of a facilitator or a neutral fact-finder or settlement conferences, but may not include arbitration that is binding on the agency. (3) Final disposition of contested cases may be by a final order following hearing or, unless precluded by law, by stipulation, agreed settlement, consent order or final order by default. A stipulation, agreed settlement or consent order disposing of a contested case must be in writing and signed by the party or parties. By signing such an agreement, the party or parties waive the right to a contested case hearing and to judicial review. The agency shall incorporate the disposition into a final order. A copy of any final order incorporating an agreement must be delivered or mailed to each party and, if a party is represented by an attorney, to the party’s attorney. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 835.035 & 835.112 History: AVIA 6-2015, f. & cert. ef. 12-15-15