Hearing before director regarding department action on improvement permit
- • appeal of directors order
- • suspension of permit during appeal
(1) Any applicant whose application for a permit under ORS 390.650 (Improvement permit procedure) 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 (Notice of right to hearing) to 183.430 (Hearing on refusal to renew license), 183.440 (Subpoenas in contested cases) to 183.460 (Examination of evidence by agency) and 183.470 (Orders in contested cases). 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 directors original order. Appeals from the directors final order may be taken to the Court of Appeals in the manner provided by ORS 183.482 (Jurisdiction for review of contested cases).
(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 (Policy), 390.620 (Pacific shore not to be alienated) to 390.676 (Schedule of civil penalties), 390.690 (Title and rights of state unimpaired) and 390.705 (Prohibition against placing certain conduits across recreation area and against removal of natural products) to 390.770 (Vegetation line described). [1999 c.373 §6 (enacted in lieu of 390.658)]
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