734-062-0035 Application and Eligibility (1) The Department shall prioritize applications for qualified feature signs based on the date of receipt of a properly completed application. (2) Only the owner or responsible operator of a qualified historical or cultural feature may file an application for a sign. The applicant must use the form specified by the Department. (3) The Engineer must consult with the Oregon Historical Society, and may consult with county or city historical societies, or any other entity that may have information regarding the historical value of the feature. The Engineer will determine if an applicant has significant historical value so as to qualify for a sign by considering the following: (a) Whether the proposed historical feature is currently known and recognized within the community and region; (b) Whether the proposed historical feature is readily accessible to visitors. This may include regular hours of operation and public access to the proposed feature; (c) The historical authenticity of the feature. This may include such items as the interpretive story presented at the feature, or the extent of historical renovation or preservation of the feature; (d) Any other relevant criteria. (4) The Engineer must consult with the Oregon Museums Association, the Oregon Historical Society, and the local historical society in the region where the museum is located, and may consult with any other entity that may have information regarding the cultural value of the feature. The Engineer will determine if an applicant has significant cultural value so as to qualify for a sign by considering the following: (a) Whether the proposed cultural feature is currently known and recognized within the community and region; (b) Whether the proposed cultural feature is readily accessible to visitors. This may include regular hours of operation and public access to the proposed feature; (c) The authenticity of the feature. This may include such items as the interpretive resources presented at the feature, the extent of the collection. (5) The owner or responsible operator must request annually that the sign erected under these rules be renewed. The request must affirm that the qualified feature continues to qualify for the sign. A renewal allows the sign to remain for one year from the date of renewal, provided the feature remains in compliance with these rules. (6) The Department may review a qualified feature for continued eligibility annually before granting a renewal, or at any other time. If the qualified feature fails to meet the qualifications for its sign, or the owner or operator fails to submit a renewal request, the Department may remove the sign or sign legend for that feature. (7) The Department may remove the sign or the sign legend for the qualified feature if: (a) The qualified cultural or historical feature fails on a sufficient number of occasions or over a sufficient period of time to meet the requirements of OAR 734-062-0020(1) and (2), so as to justify a finding by the Department that the feature is not in substantial compliance with these regulations. (b) The qualified cultural or historical feature fails to open for business for more than 21 consecutive days or for more than 30 days cumulatively during any normal operating season unless the Department finds that closure for such period was beyond the control of the owner or responsible operator, or that the closure was justified by extenuating circumstances. (c) If it fails to comply with OAR 734-062-0020(3), except in isolated instances without the knowledge of the owner, responsible operator, or manager of the feature, or on any occasion unless steps are promptly taken to insure to the fullest extent reasonably possible that such instances will not recur. (8) If due to fire, accident or similar causes, a qualified cultural or historical feature becomes inoperable for more than seven days, but less than 90 days, the Department may cover or remove the sign legend for that feature, but the feature shall not lose its priority, nor be required to reapply prior to the normal time for a renewal application. The Department may grant further extension on good cause shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to have the feature included on the sign. (9) Notwithstanding that a qualified historical or cultural feature meets all of the other eligibility requirements of these regulations, the Department may deny the application if the Engineer determines that adequate direction to the feature cannot be given by an allowable follow-up sign. Without limitation, examples include: the route predominantly runs over non-state highway; the route requires more than three follow-up signs. (10) The Department may not approve or place a qualified feature sign if the feature has already been approved by the Travel Information Council for signing along the same route. If the qualified feature has been approved for a sign under this Chapter, and subsequently obtains a sign through the Travel Information Council along the same route, the Department shall remove the signs it erected or remove or cover the sign legend for that feature. (11) The Department may make a decision outlined in this chapter without a hearing. If an applicant, owner, or operator of the affected feature disagrees with the Department’s final decision, the applicant, owner, or operator may request a Contested Case hearing under ORS chapter 183. The Department may continue to enforce its decision pending the conclusion of the contested case including any appellate court action. Statutory/Other Authority: ORS 184.616, 184.619 & 366 Statutes/Other Implemented: ORS 366.205 & 366.450 History: HWD 7-2009, f. & cert. ef. 7-20-09 2HD 5-1983, f. & ef. 1-20-83