Investigation and cost recovery process
ODF is statutorily mandated to investigate all wildfires that occur on or threaten ODF protected lands for the sole purpose of unbiased fact finding to determine origin, cause, responsible party, and other information pertinent to the needs of the department. If a responsible party is identified in causing a wildfire and determined to be liable to pay the cost of fighting the fire, the department will proceed with the cost recovery process and prepare for potential litigation. The department has been given statutory authority to recover the costs of suppressing these fires and is directed to attempt cost collection by the Oregon Accounting Manual. Due to the complexity, high costs, and damages that may occur, most investigation reports are completed with the assumption that litigation is likely to occur.
ODF does not conduct criminal investigations; our authority is limited to violations of Oregon Revised Statute Chapter 477 which may result in civil penalties; however, we work closely with law enforcement agencies when criminal activities are suspected.
There are several steps in the investigation and cost recovery process; each can take a significant amount of time and work including, but not limited to:
Origin & cause determination
When an incident is reported, one or more investigators are requested to the fire. Scene security and protection is established immediately. Once an investigator has interviewed witnesses and the responding units, they will conduct a general search of the fire area to identify and document findings, scene observations, evidence observations, and conduct various other incident specific tasks.
As an incident develops the investigation may require some or all the following actions: writing and issue search warrants, coordinating written statements, area resident canvas and interviews, initial attack resource interviews, media collection, law enforcement coordination, sketching, validate origin, validate/eliminate causes, evidence collection, and preservation.
Once an investigator has completed the field requirements of the origin and cause investigation, they must complete a supervisor case review/walkthrough, collect pin flags and marking materials, and officially release the scene to incident command.
Investigation research
Investigation research is a time intensive process of analyzing all the data that the investigation team collected. This consists of field documentation analysis, testing and analytical review of evidence, writing and issuing subpoenas for requested data, specific fire cause research, depositions, interviews and testimony review, counsel engagement, subpoenaed document/material review and analysis, weather trends and observations, origin & cause assessment, and verification of findings. Most complex investigations will have additional work efforts not mentioned based on the specifics of that investigation.
Investigation report
Completing the fire investigation report is the final stage of the incident investigation. To complete an investigation report, the investigator will review statistical data, incident synopsis, evidence analysis, weather observations and history, scene investigation methodology, and all other specific investigation findings.
With this information, the investigator will complete a fire investigation report that documents the observations and findings, cites all material to support the conclusions of the investigation, and reports the most probable cause of the fire. All fire investigation reports undergo a peer review, technical review, and staff review.
Litigation prep/cost certification
At this stage, the department has reviewed the facts and findings of the investigators and determined that the identified responsible party is liable to pay the costs of fighting the fire.
ODF also reviews its financial reports for accuracy during this time and creates a final report that shows all eligible costs to be billed, as required by statute. Before ODF can move to the next stage of cost recovery, all financials contributing to the actual suppression costs of the fire must be closed out including all payments, cost shares, damage claims, etc.
Cost recovery/litigation
The first step during this process is to issue the responsible party with a demand letter stating we have determined them to be liable, how much they owe, and outlines their next steps. If the responsible party doesn't pay within 90 days of the demand letter, the department can accrue interest on the debt until it is fully satisfied. In cases where the responsible party is unable to pay the full amount in one lump sum, payment plans are offered. If the debt is not paid through the demand process, the department can choose many different paths moving forward including, but not limited to, filing a civil suit, small claims action, or property liens.
Fire investigation status
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ODF cannot divulge the specifics of its active or ongoing investigations. These investigations are often complex and involve extensive origin and cause scene work, large numbers of witness interviews, collection and examination of large amounts of physical evidence, review of extensive documentation, and utilization of experts. Some of ODF's investigative efforts have been hampered by a lack of access to potential witnesses and evidence.
In the end, ODF understands the impact that these investigations have on the public and works hard to ensure that the investigation process is thorough and professional. Protecting the integrity of the investigation and any potential litigation is essential for the department to collect costs from responsible parties. Cost recovery helps alleviate the economic impacts of fire to landowners and taxpayers.