OAR 734-062-0115: Application and Eligibility

(1) The Department shall prioritize applications for signs for qualified features based on the date of receipt of a properly completed application. (2) Only the following may apply for a sign under these rules: the entity that submitted the successful application for federal recognition as a viticultural area, a municipal or county government within that viticultural area, a winery or vineyard within the viticultural area, or a winery or vineyard association with membership in the viticultural area. (3) The applicant must use the form specified by the Department, and complete an application for each requested sign. (4) The qualified viticultural applicant or its designee must request annually that the sign erected under these rules be renewed. The request must affirm that the viticultural area continues to qualify under federal standards, and continues to qualify for the sign under these rules. A renewed sign allows the sign to remain for one year from the date of renewal, provided the feature remains eligible as set forth in these rules. (5) The Department may review a viticultural feature for continued eligibility at any time. (6) The Department may remove the sign or the sign legend for the viticultural feature if the Department determines the sign is no longer appropriate for that location or if the federal agency responsible for viticultural areas: (a) Removes the designation; or (b) Changes the designation so that the sign is no longer geographically within the viticultural area. (7) The Department may make a decision outlined in this division of rules without a hearing. If a viticultural feature applicant disagrees with the Department’s final decision, the applicant may request a contested case hearing under ORS chapter 183. The Department may continue to enforce its decision pending the conclusion of the contested case including any appellate court action.