GOVERNING BOARD MEETING

OREGON DEPARTMENT OF GEOLOGY & MINERAL INDUSTRIES

WEDNESDAY, NOVEMBER 10, 2004

TELECONFERENCE

PORTLAND, OREGON

( 1) Call to Order

Chair William Elliott called the meeting to order at 10:03 a.m.

( 2) Introductions

Via teleconference, Board members Don Christensen, Barbara Seymour, Vera Simonton and member-designee Steve Macnab introduced themselves. Vicki McConnell and Gary Lynch called in, and Don Lewis and Kate Halstead were present in Portland.

There was no public present.

( 3) Re-adoption of OAR 632-007-0000 to 632-007-0030 – Senate Bill 12 Rules

Gary Lynch gave a very concise review of the history of this rule. At the point of filing the rules, the DOGAMI rules coordinator missed the filing deadline with Legislative Council by one day. At the suggestion of Larry Knudsen, DOGAMI's legal counsel, the Agency should repeat the whole rules process by filing the rules with the Secretary of State, reopening the comment period to the legislators and the public, and then requesting DOGAMI Board approval. Lynch promised to get the approved rules to Legislative Council within the 10-day period.

To a Board question about the 'further review areas', McConnell said that DOGAMI will, in coordination with cities and counties, provide them with further review areas for rapidly moving landslides. As DOGAMI develops individual programs with these entities, the further review areas will be better defined, but the agency does not define them any further at this point.

Seymour requested that Larry Knudsen define the word "will" as it is used in this rule, how it relates to shall and may, and why the AG's office has determined that DOGAMI will use "will" in place of shall and may. Chair Elliott requested that McConnell have Knudsen provide by fax or e-mail some clarifying information on this question.

MOTION: Christensen moved and Simonton seconded that the Board readopt rules
632-007-0000 through 632-007-0030.

Motion passed unanimously.

( 4) Announcement of next Governing Board Meeting. The next meeting will be held on Wednesday, February 9, 2005, beginning at 9 a.m. at the State Library in Salem. In addition, a DOGAMI open house will be held that day in the Galleria of the Capitol.

A discussion followed about legislative hearings going on at that same time.

( 5) Additional Public Comment.

There was none.

Meeting was adjourned at 10:28 a.m.

APPROVED:

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William Elliott, Chair

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Don Haagensen Vera Simonton

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Barbara Seymour Donald Christensen