Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0100 - Powers of Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Any improvement, addition, modification or alteration made on
				the ocean shore, or any pipeline, cable line or conduit constructed across or
				under the ocean shore, or any natural product removed from the ocean shore for
				commercial use without a permit issued under ORS
				390.650, or performed in a
				manner contrary to, or not in compliance with, the terms and conditions of a
				permit issued under ORS
				390.650, or performed in a
				manner contrary to, or not in compliance with, ocean shore standards or rules
				or an order of the Director, shall be subject to enforcement action under this
				rule and/or the imposition of a civil penalty under OAR
				736-080-0005 to
				736-080-0070. The Director may
				use one, or any combination of the following actions, as appropriate, to
				protect and preserve the ocean shore:
(1) Investigation -- on the Director's own
			 initiative, or in response to reports or complaints from other persons or
			 agencies, the Director may investigate improvements, additions, modifications
			 or alterations on the ocean shore, pipelines, cables and conduits constructed
			 across or under the ocean shore or the removal of natural products from the
			 ocean shore for compliance with statutes, rules, standards permits and orders
			 pertaining to these developments and activities. In conducting such
			 investigations, the Director, or his duly authorized staff or agents, may enter
			 upon lands within the ocean shore, including private property within the ocean
			 shore, at such times as are reasonable to detect, evaluate and document the
			 ocean shore violation. The Director, or his duly authorized staff or agents,
			 shall not enter upon private property landward of the ocean shore without the
			 property owner's permission. When landowner permission is not forthcoming and
			 access through the property landward of the ocean shore is necessary to
			 investigate, assess and prescribe remedies for suspected or known ocean shore
			 violations, the Director, his staff or agents, may enter such property when
			 accompanied by appropriate law officers bearing a court issued search warrant
			 or other appropriate authorization;
(2) Public Hearings -- the Director may
			 schedule and conduct hearings to gather evidence and other information related
			 to an ocean shore violation;
(3)
			 Policies and Procedures -- the Director may develop and publish policies,
			 procedures, findings and recommendations for use in identifying and correcting
			 violations of the ocean shore statutes, rules, standards, permits and
			 orders;
(4) Proposed Orders -- the
			 Director may issue proposed orders directing action, setting time lines, or
			 establishing conditions on a responsible party related to an ocean shore
			 violation by:
(a) Giving notice of the
			 proposed order by personal service or registered or certified mail to the
			 responsible party; and
(b) Holding
			 a contested case hearing if any person aggrieved by the proposed order makes
			 written request for a hearing within 20 days of personal service or mailing of
			 the proposed order.