OAR 734-030-0016: Exclusion Review Process

(1) A person excluded from a Rest Area may submit a written request for a review of the exclusion. Only the basis of the exclusion and the length of the exclusion may be contested. The review request must be received at the address listed on the exclusion notice within 7 business days from the date on the exclusion notice. (2) The written request for review must include the person’s name, mailing address and telephone number; the reason the person believes the exclusion should be withdrawn or modified; and be accompanied by a copy of the exclusion notice. (3) The Travel Information Council Rest Area Operations Manager or Deputy Director not involved in the decision to exclude from TIC managed Rest Areas or the ODOT District Manager or Assistant District Manager not involved in the decision to exclude from ODOT managed Rest Areas will review the information provided along with the facts leading to the exclusion and make a final determination within 21 days of receipt of the written request. The review of the exclusion from a Rest Area is not subject to ORS 183 and is therefore not subject to the Administrative Procedures Act. (4) Only one review will be conducted for each notice of exclusion. The review will be informal in nature however a written statement of the results of the review will be provided to the person requesting the review. The determination of the exclusion review is final and is not subject to appeal.