Oregon Revised Statutes Chapter 830 § 830.936 — Hearing

Hearing. (1) If an owner of a vessel requests a hearing as provided in ORS 830.918, the authorized agency may not seize the vessel until after the hearing. (2) If an owner of a vessel requests a hearing as provided in ORS 830.918, the authorized agency shall set a time for the hearing that is no more than 10 business days after the authorized agency receives the request. The authorized agency shall provide notice of the hearing to the person requesting the hearing, and to all other persons who were given notice under ORS 830.918. (3) If an owner of a vessel requests a hearing conducted under this section and fails to appear at the hearing, the owner is not entitled to another hearing and the authorized agency shall seize and dispose of the vessel and any personal property left inside as provided in ORS 830.933. (4) An authorized agency shall conduct a single hearing under this section for all requests for hearing that relate to the same vessel. (5) If the notice given under ORS 830.918 indicates that the authorized agency proposes to seize a vessel by reason of being an abandoned vessel, and the owner of a vessel requests a hearing under ORS 830.918, 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 authorized agency proposes to seize a vessel by reason of being a derelict vessel, and the owner of a vessel requests a hearing under ORS 830.918, 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 authorized 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. (6) If an authorized agency determines after a hearing under this section that seizure of the vessel is not warranted under the law, the authorized agency shall immediately release custody of the vessel and the personal property inside 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. (7) If an authorized agency determines after a hearing under this section that seizure of the vessel is warranted, the authorized agency shall seize and dispose of the vessel and any personal property left inside as provided in ORS 830.933. (8) An authorized agency shall mail a written statement of the authorized agency’s determination to all owners who requested a hearing conducted under this section. (9) The hearing officer at a hearing under this section may be an officer, official or employee of the authorized agency but may not have participated in any determination or investigation related to seizure of the vessel that is the subject of the hearing. (10) If the authorized agency conducting a hearing under this section is a state agency, the determination of the authorized agency is an order other than a contested case and is subject to review under ORS 183.484. If the authorized 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; 2025 c.90 §7]