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Forest Practices Act - Enforcement
Procedures for Requesting a Hearing

  1. The State Forester must receive your hearing request within 20 days from the date of service of the notice of civil penalty. (Service is defined as date of mailing, or upon personal service.)  If you decide to request a hearing, it must be in writing and directed to:

    The State Forester
    Attn: Civil Penalty Administrator
    2600 State Street
    Salem, Oregon 97310

    (You may make the request by facsimile to (503) 945-7490 and follow up with regular mailing.)

  2. When you request a hearing or within 10 days following your request, you must submit admissions and denials. This means admit (concede as true) or deny (declare untrue) in writing, all factual matters stated in the notice of penalty. Otherwise, any factual matters you do not deny will be presumed admitted.

    In addition, you must state any and all claims or defenses you may have and the reasoning in support of the claims or defenses. Claims and defenses are arguments and facts that contradict the findings of fact stated in the penalty notice. If you fail to raise a claim or defense, it is presumed that you have waived that claim or defense.
     
  3. The administrative law judge will only consider evidence on issues raised in one or more of the following: 1) the notice; 2) the request for hearing; 3) or a timely follow-up statement. In addition, you may present evidence at the hearing on your economic and financial condition only if you had already raised the issue in your request. (See mitigation of penalty.) 

  4. If you do not submit admissions, denials, claims or defenses (as described in #2), the Civil Penalty Administrator will forward agency files of your case to an administrative law judge with the Office of Administrative Hearings for review and a hearing will NOT be scheduled. Instead, the administrative law judge will decide the case on the basis of those files alone, and prepare a proposed order for the Board of Forestry to act upon.

Corporation, Partnership, Limited Liability Company, Unincorporated Association or Trust Hearings
 
If you are a corporation, partnership, limited liability company, unincorporated association or trust requesting a hearing, you must be represented by an attorney at pre-hearing conferences and hearings held before the hearing officer. Unless you are represented by an attorney, your participation during such hearings/conferences would be limited to providing a witness who could testify regarding facts of the case. You would not be allowed to present arguments or examine and cross-examine witnesses.
 

Hearing Procedures/Location
 
Hearings shall be conducted using Oregon administrative procedures that are applicable to contested cases. No hearing shall be held earlier than 45 days, nor later than 180 days, from the service of the notice, unless otherwise agreed to by all parties.
 
Hearings will be held at locations that are within the forest practices region where the violation occurred. This is usually a Department of Forestry office, unless all parties agree to a different location.


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