629-672-0210 Hearings for Persons Adversely Affected by an Operation for Which a Written Plan is Required under ORS 527.670(3) (1) If a written plan under ORS 527.670(3) is required for an operation, any person who submitted written comments on the operation and who is adversely affected or aggrieved by the operation may file a request to the board for a hearing on the plan. The request shall be filed and copies served on the operator, timber owner and landowner personally or by certified mail within 14 days of the date the comment period for the State Forester ended, whether or not comments were issued. The request shall include: (a) A copy of the written plan on which the hearing is requested. (b) A copy of the comments on the written plan submitted by the person requesting the hearing. (c) The person's name and address and the organization represented; (d) If represented by an attorney, the name and address of the attorney representing the person; (e) A detailed statement of the person's interest and of how such interest may be affected by the results of the proceeding; (f) A detailed statement of the fact regarding how the person's interest is affected by the Forest Practices Act or rules adopted thereunder; (g) A detailed statement of fact showing that the operation is the type described in ORS 527.670(3); (h) A brief statement of what board action is sought by the person. (2) Upon receipt of a request provided under section (1) of this rule, the State Forester shall determine whether the request meets the requirements of ORS 527.700(3) through (5). In making this determination, the State Forester shall consider: (a) Whether the person has demonstrated a personal or public interest that could reasonably be affected by the outcome of the proceeding; (b) Whether any such affected interest is within the scope of the board's jurisdiction; (c) The interest the petitioner represents and the qualifications the petitioner possesses in cases in which a public interest is alleged; (d) Whether the person could reasonably be considered to be affected by the Forest Practices Act or rules adopted thereunder. (3) If the State Forester determines that the person making the request meets the requirements of ORS 527.700(3) through (5), the State Forester shall send written notification of the date of the hearing to the person requesting the hearing and to the timber owner, landowner and operator. (a) The hearing date shall be no later than 21 days from the receipt of the request for hearing. (b) The notice of hearing shall contain the statements that: (A) Failure of the person requesting a hearing to appear at the hearing shall be deemed a default and a record of the proceedings to date, including the agency file or files on the subject of the written plan, automatically becomes a part of the record for the purpose of providing a prima facie case upon which default may be granted; and (B) The hearing shall be conducted by an administrative law judge, according to the Office of Administrative Hearings Rules in OAR 137-003-0501 to 137-003-0700 and the State Forester's Procedural rules in 629-001-0000 to 629-001-0055. (4) If the State Forester determines that the person making the request does not meet the requirements of ORS 527.700(3) through (5) the State Forester shall recommend to the chairperson of the Board of Forestry that a hearing be denied for cause. The chairperson, upon review of the request for hearing and the State Forester's recommendation, shall either: (a) Issue a final order on behalf of the board, denying a hearing for cause; or (b) Direct the State Forester to schedule a hearing and send notices as required in section (3) of this rule. (5) Failure of the person requesting the hearing to appear at the hearing shall be deemed a default. Based upon a prima facie record the State Forester’s comments and recommendations, if any, must stand. (6) The landowner, timber owner or operator shall be made a party to the proceeding. (7) The person requesting the hearing under these provisions may only present evidence on those issues raised in the person's written comments to the written plan filed under ORS 527.670(9) relating to conformity with the rules of the board. (8) The administrative law judge shall conduct the hearing and prepare the record for filing with the board within five working days of the close of the hearing. Except as provided in section (10) of this rule, no less than a majority of the board shall then review and consider, hold a meeting or telephone conference, and issue their comments. (9) Unless consent to an extension is granted by all parties, the board shall issue its own comments no later than 45 days after the request for hearing was filed. The board may affirm, modify or rescind the comments of the State Forester, if any. The comments of the board or the State Forester concerning a written plan cannot be appealed under ORS 183.482. Statutory/Other Authority: ORS 527 Statutes/Other Implemented: ORS 527.700 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 3-2004, f. & cert. ef. 2-10-04 FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0120 FB 2-1989, f. & cert. ef. 9-20-89