ORS 477.985: Enforcement procedure.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) As used in this section: (a) “Credible witness” means a person who has observed conduct alleged to constitute a violation and whose statement about the observation is reliable based on: (A) The content of the observation; (B) The circumstances around the observation; and (C) Whether the observation is consistent with any other evidence. (b) “Enforcement officer” means the State Forester or a person authorized by the State Forester. (2) An enforcement officer may issue a citation for a violation established under ORS 477.993 in the manner provided by ORS chapter 153. (3) Notwithstanding ORS 153.042, an enforcement officer may issue a citation for a violation as described in subsection (2) of this section when the enforcement officer did not observe the conduct alleged to constitute a violation if the enforcement officer has probable cause to believe that the conduct constitutes a violation based on physical evidence or a statement provided by a credible witness. [1993 c.697 §3; 1999 c.1051 §102; 2011 c.597 §138; 2025 c.493 §1]
Administrative rules citing this section
- OAR 629-047-0010: Definitions — implements
- OAR 629-047-0040: Basic Enforcement Action — implements
- OAR 629-047-0050: Fire Prevention Citation Issuance Limitations — implements
- OAR 629-047-0060: Fire Prevention Enforcement Limitations — implements
- OAR 629-047-0070: Records — implements
- OAR 629-047-0180: Enforcement Policy for ORS 477.645 and OAR 629-043-0015 — Spark Arresters — implements
- OAR 629-047-0200: Enforcement Policy for ORS 477.655 and OAR 629-043-0025 — Fire Tools — implements
- OAR 629-047-0220: Enforcement Policy for ORS 477.665 and OAR 629-043-0030 — Watchman — implements
- OAR 629-047-0270: Enforcement Policy for ORS 477.720 — Accidentally Setting Fire to Forestland — implements
- OAR 629-047-0280: Enforcement Policy for ORS 477.740 — Unlawful Use of Fire — implements
This rule cites
- ORS 477.993 — resolved
- ORS chapter 153 — target_record_not_published
- ORS 153.042 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors477.html