Oregon Statutes - Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails - Section 390.659 - Hearing before director regarding department action on improvement permit; appeal of director’s order; suspension of permit during appeal.

(1) Any applicant whose application for a permit under ORS 390.650 has been denied or who objects to any condition imposed on the permit or any person aggrieved or adversely affected by the granting of a permit may, within 30 days after the denial of the permit or the imposition of the condition, request a hearing from the State Parks and Recreation Director.

(2) Upon receipt of a request for hearing from the applicant or if the director finds that the person other than the applicant making the request has a legally protected interest that is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The applicant shall be a party to any contested case hearing requested by a person other than the applicant.

(3) Within 45 days after the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Appeals from the director’s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482.

(4) A permit granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the improvement would cause irremediable damage and would be inconsistent with ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1999 c.373 §6 (enacted in lieu of 390.658)]

Section:  Previous  390.630  390.632  390.635  390.640  390.650  390.655  390.658  390.659  390.660  390.661  390.663  390.665  390.666  390.668  390.669  Next

Last modified: August 7, 2008