OAR 736-052-0020: Department Determination

(1) The department shall approve, approve with conditions, or deny the request, in whole or in part. The department may approve or approve with conditions a request to transfer if the request complies with applicable state and federal law. The department may approve or approve with conditions the request, in whole or in part, through a Memorandum of Agreement with the requesting state agency. An approval from the department may express conditions of approval that: (a) Restrict destination of transferred items; (b) Suggest transfer, loan or sale of specific historic artifacts to individuals, state agencies, organizations, museums or Indian tribes; (c) In cases of demolition or alteration, require actions to mitigate the effects of the demolition or alteration; or (d) Require conditions of sale. (2) Should the requesting state agency object to conditions attached to an approval by the department, the state agency and the department will meet to resolve the dispute. (3) State agencies that fail to get department approval or that do not agree with conditions imposed by the department for transferring, selling, demolishing, substantially altering or otherwise disposing of any historic artifact are prohibited from transferring, selling, demolishing, substantially altering or otherwise disposing, any historic artifact(s) from their ownership, until such time as agreement can be reached.