A person provided notice under ORS 830.917 or any other person who reasonably appears to have an interest in the boat, floating home or boathouse may request a hearing under this section to contest the validity of the proposed removal and custody of a boat, floating home or boathouse under ORS 830.912 by submitting a request for hearing to the removing authority not more than five days after the posting of the notice. The five-day period in this section does not include holidays, Saturdays or Sundays. A hearing under this section shall comply with all of the following:
(1) If the removing authority proposing to remove a boat, floating home or boathouse under ORS 830.912 receives a request for hearing before the boat, floating home or boathouse is taken into custody and removed, the boat, floating home or boathouse shall not be removed unless the boat, floating home or boathouse constitutes a hazard.
(2) A request for hearing shall be in writing and shall state the grounds upon which the person requesting the hearing believes that the custody and removal of the boat, floating home or boathouse is not justified.
(3) Upon receipt of a request for a hearing under this section, the removing authority shall set a time for the hearing within 72 hours of the receipt of the request and shall provide notice of the hearing to the person requesting the hearing and to the owners of the boat, floating home or boathouse and any lessors or security interest holders shown in the records of the State Marine Board, if not the same as the person requesting the hearing. The 72-hour period in this subsection does not include holidays, Saturdays or Sundays.
(4) If the removing authority finds, after hearing and by substantial evidence on the record, that the custody and removal of a boat, floating home or boathouse was:
(a) Invalid, the removing authority shall order the immediate release of the boat, floating home or boathouse to the owner or person with right of possession.
(b) Valid, the removing authority shall order that the boat, floating home or boathouse be held in custody until the costs of the hearing and all salvage, towing and storage costs are paid by the party claiming the boat, floating home or boathouse. If the boat, floating home or boathouse has not yet been removed, the removing authority shall order its removal.
(5) A person who fails to appear at a hearing under this section is not entitled to another hearing unless the person provides reasons satisfactory to the removing authority for the person’s failure to appear.
(6) A removing authority is required to provide only one hearing under this section for each time the removing authority takes a boat, floating home or boathouse into custody and removes the boat, floating home or boathouse or proposes to do so.
(7) A hearing under this section may be used to determine the reasonableness of any charges that may be imposed for salvage, towing and storage of the boat, floating home or boathouse. Salvage, towing and storage charges set by law, ordinance or rule or that comply with law, ordinance or rule are reasonable for purposes of this subsection.
(8) A removing authority shall provide to the person requesting a hearing under this section a written statement of the results of the hearing.
(9) Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the presentation of evidence required for contested cases under ORS 183.450.
(10) The hearings officer at a hearing under this section may be an officer, official or employee of the removing authority but shall not have participated in any determination or investigation related to taking into custody and removing the boat, floating home or boathouse that is the subject of the hearing.
(11) The determination of a hearings officer at a hearing under this section is a final order and is subject to appeal to the circuit court for the county in which the boat, floating home or boathouse is located at the time notice is posted under ORS 830.917. [1999 c.692 §9; 2003 c.693 §11]
Section: Previous 830.912 830.914 830.915 830.917 830.919 830.920 830.922 830.924 830.925 830.926 830.927 830.930 830.935 830.950 830.955 NextLast modified: August 7, 2008