OAR 734-064-0040: In-Kind Value

The Department and an OAS Owner may enter into alternative dispute resolution and a settlement agreement for Partial or Full Compensation through in-kind value. Alternatively, if the OAS Owner can successfully modify the OAS structure to mitigate a Partial Loss, the Department may agree to pay the actual cost to modify the OAS structure in lieu of Partial Compensation. Any such in-kind value agreement or modification agreement must be mutually agreed upon by both the Department and OAS Owner; otherwise, agreements will be settled through financial compensation under these rules.