(2) If an owner of a vessel requests a hearing as provided in ORS 830.918 (5) or 830.931 (4), the enforcement agency shall set a time for the hearing that is no more than seven business days after the enforcement agency receives the request. The enforcement agency shall provide notice of the hearing to the person requesting the hearing, and to all other persons described in ORS 830.918 (1).
(3) If an owner of a vessel requests a hearing under this section and fails to appear at the hearing, the owner is not entitled to another hearing unless the owner shows good reasons to the enforcement agency for the person’s failure to appear.
(4) An enforcement agency shall conduct a single hearing under this section for all requests for hearing that relate to the same vessel.
(5) Hearings held under this section may be informal in nature, but the presentation of evidence in a hearing shall be consistent with the standards for presentation of evidence under ORS 183.450.
(6) If the notice given under ORS 830.918 indicates that the enforcement agency proposes to seize a vessel by reason of being an abandoned vessel, and the owner of a vessel requests a preseizure hearing under ORS 830.918 (5), the owner may present a plan of action for moving the vessel to a place where the vessel can be lawfully kept. If the notice given under ORS 830.918 indicates that the enforcement agency proposes to seize a vessel by reason of being a derelict vessel, and the owner of a vessel requests a preseizure hearing under ORS 830.918 (5), the owner may present a plan of action for remedying the problems identified in the notice. If the hearing officer approves the plan of action, the hearing officer by order may establish a time for moving the vessel, or remedying the problems, that is later than the time specified in the notice. If the hearing officer issues an order under this subsection, and the owner fails to move the vessel, or to remedy the problems, within the time allowed, the enforcement agency may seize the vessel and take such other action authorized under ORS 830.908 to 830.948 without further notice to the owner or opportunity for hearing except:
(a) Giving post-seizure notice under ORS 830.931; and
(b) If the owner requests a hearing under ORS 830.918 (5), allowing the owner to challenge the reasonableness of salvage, towing or storage costs as provided under ORS 830.931 (5).
(7) If the owner of a vessel requests a post-seizure hearing under ORS 830.931 (4) to challenge the reasonableness of costs incurred by the enforcement agency in salvaging, towing or storage of the vessel, costs that were incurred in compliance with laws, ordinances or rules establishing allowable costs for those purposes are reasonable as a matter of law.
(8) If an enforcement agency determines after a hearing under this section that seizure of the vessel is not warranted under the law, the enforcement agency shall immediately release custody of the vessel to the owner who requested the hearing and may not charge the owner any costs incurred by the agency in salvaging, towing or storage of the vessel.
(9) If an enforcement agency determines after a hearing under this section that seizure of the vessel is warranted, the enforcement agency shall seize the vessel if the vessel has not already been seized and dispose of the vessel as provided in ORS 830.933.
(10) An enforcement agency shall mail a written statement of the enforcement agency’s determination to all owners who requested a hearing under this section.
(11) The hearing officer at a hearing under this section may be an officer, official or employee of the enforcement agency but may not have participated in any determination or investigation related to seizure of the vessel that is the subject of the hearing.
(12) If the enforcement agency conducting a hearing under this section is a state agency, the determination of the enforcement agency is an order other than a contested case and is subject to review under ORS 183.484. If the enforcement agency conducting a hearing under this section is not a state agency, judicial review of the order is as provided in ORS 34.010 to 34.100. [2013 c.680 §7]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 830 - Small Watercraft
Section 830.005 - Definitions for chapter.
Section 830.025 - Other boating laws not affected.
Section 830.035 - Peace officers to enforce chapter; fleeing; attempts to elude.
Section 830.055 - Oregon Adopt-a-River Program; implementation; rules.
Section 830.080 - Boating Offense Compact.
Section 830.082 - Mandatory boating safety education program.
Section 830.086 - Boating safety education card; requirements; fee.
Section 830.088 - Operation of motorboat by person 12 to 15 years of age.
Section 830.090 - Operation of motorboat by person 16 years of age or older.
Section 830.092 - Exemption from requirement to obtain boating safety education card.
Section 830.094 - Boating safety education card required to operate motorboat.
Section 830.096 - Conditional suspension of fine for violation of boating safety requirements.
Section 830.105 - State Marine Board.
Section 830.110 - Powers and duties of board; rules.
Section 830.135 - State Marine Director.
Section 830.155 - Revolving fund; limit.
Section 830.165 - Boating safety educational program; youthful boat operator program.
Section 830.172 - County boat use permit program review.
Section 830.175 - Regulations for specific areas; rules.
Section 830.180 - Use of motors prohibited on certain lakes; exceptions; rules.
Section 830.185 - Speed restrictions in certain areas.
Section 830.187 - Restrictions for Waldo Lake.
Section 830.200 - County boat use permits.
Section 830.215 - Personal flotation devices; rules.
Section 830.220 - Fire extinguishers; rules.
Section 830.230 - Sound signaling devices; rules.
Section 830.240 - Ventilation systems; rules.
Section 830.260 - Muffling devices.
Section 830.302 - Draining water from boat; exceptions.
Section 830.315 - Reckless boating; speed.
Section 830.325 - Operating boat while under influence of intoxicants.
Section 830.330 - Liability of owner for negligent operation of boat.
Section 830.340 - Navigation rules.
Section 830.345 - Traffic lanes; swim areas.
Section 830.350 - Testing racing motorboat.
Section 830.360 - Riding on bow, gunwale or transom.
Section 830.362 - Operating motorboat with person holding on to or occupying parts aft of transom.
Section 830.365 - Waterskiing, surfboarding and similar activities.
Section 830.370 - Mooring to buoys and beacons; defacing or destroying navigational markers.
Section 830.375 - Authorization required to hold marine event; rules.
Section 830.383 - Person required to remedy especially hazardous condition.
Section 830.385 - Commercial fishing boats exempt from regulation of especially hazardous condition.
Section 830.415 - Records of operator of boat livery.
Section 830.425 - Minimum requirements for boat livery operation.
Section 830.430 - Definitions for ORS 830.430 to 830.465 and 830.997.
Section 830.435 - Charter boat license; reciprocity with Washington license holders.
Section 830.437 - Licensing; safety standards; rules.
Section 830.447 - Optional charter boat licensing; rules.
Section 830.450 - Equipment requirements; rules.
Section 830.460 - Prohibited activities.
Section 830.465 - Disciplinary actions.
Section 830.475 - Duties of operators and witnesses at accidents.
Section 830.480 - Accident report required; rules.
Section 830.485 - Form of report; sending death record to State Marine Board.
Section 830.490 - Confidential nature of report.
Section 830.495 - Report of accident resulting in death or disappearance; duties of passengers.
Section 830.510 - Chemical evidence of use of intoxicants.
Section 830.520 - Circumstances under which chemical tests may be administered.
Section 830.535 - Criteria for chemical analyses.
Section 830.545 - Information about rights and consequences.
Section 830.560 - Launching boat with aquatic invasive species prohibited; rules.
Section 830.570 - Board to issue permit; fees.
Section 830.575 - Annual fee for permit.
Section 830.585 - Aquatic Invasive Species Prevention Fund; uses of fund.
Section 830.587 - Definitions for ORS 830.589, 830.591, 830.594, 830.998 and 830.999.
Section 830.589 - Watercraft check stations; rules; penalty.
Section 830.591 - Request to proceed to nearest station; penalty.
Section 830.594 - Report of prevention efforts.
Section 830.615 - Waterway Access Fund.
Section 830.618 - Grants for nonmotorized boat waterway access; rules.
Section 830.624 - Permit requirements for person 14 years of age or older; exceptions; rules.
Section 830.627 - Fees for issuance of permit.
Section 830.630 - Issuance of permits; agents.
Section 830.640 - Towed watersports program.
Section 830.643 - Towed watersports endorsement and certificate; issuance; fees; rules.
Section 830.646 - Fees; rules.
Section 830.649 - Newberg Pool Congested Zone.
Section 830.652 - Additional penalties for violations occurring within Newberg Pool Congested Zone.
Section 830.700 - Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870.
Section 830.705 - Applicability of numbering, title and license requirements.
Section 830.720 - Cancellation of title upon scrapping of boat, boathouse or floating home.
Section 830.750 - Transfer of title subject to security interest; dealer transferees; fee.
Section 830.755 - Transfer by operation of law of title subject to security interest; fee.
Section 830.770 - Certificate of number required on boat; exceptions.
Section 830.775 - Operation of certain boats without certificates of registration.
Section 830.780 - Identifying number on forward half of boat.
Section 830.790 - Certificate or registration fees.
Section 830.800 - Expiration of certificate of number; renewal of certificate and stickers.
Section 830.810 - Certificate of title; exceptions; rules; application fees; penalty fee.
Section 830.815 - Refusal to issue or suspension or cancellation of certificate.
Section 830.825 - Hull identification number required.
Section 830.830 - Dealer or boat manufacturer number; fee.
Section 830.860 - Validity of certificate of title; new certificates; fee.
Section 830.875 - Definitions for ORS 830.880 to 830.895.
Section 830.885 - Return of seized property; investigation to determine ownership; notice to owner.
Section 830.895 - Renumbering; inspection requirement.
Section 830.908 - Definitions for ORS 830.908 to 830.948.
Section 830.911 - Authority to seize abandoned vessel or derelict vessel.
Section 830.918 - Preseizure notice.
Section 830.923 - Seizure without notice.
Section 830.928 - Manner and time of seizure.
Section 830.931 - Post-seizure notice.
Section 830.933 - Reclamation of seized vessel.
Section 830.938 - Liability for costs of salvage, towing and storage.
Section 830.948 - Salvaged Vessel Subaccount; sources; limits; uses.
Section 830.950 - Definitions for ORS 830.955.
Section 830.955 - Prohibition of installation of submersible polystyrene device.
Section 830.993 - Penalties for violation of ORS 166.155 or 166.165.
Section 830.994 - Additional penalties for violation of ORS 830.325.
Section 830.997 - Penalty for charter boat violations.
Section 830.998 - Penalty for failing to stop at an aquatic invasive species check station.