Oregon Administrative Rules Chapter 733 - TRAVEL INFORMATION COUNCIL
Oregon Administrative Rules Chapter 733 - Travel Information Council
Overview
The Oregon Travel Information Council (TIC) is a state agency responsible for providing tourist information services, including the management and maintenance of highway information centers and travel-related services to the public. The rules in Chapter 733 govern the Council’s operations, responsibilities, and enforcement powers.
Key Functions of the Travel Information Council (TIC)
Operate Travel Information Centers
Provide traveler services and information to enhance safe and enjoyable travel.
Maintain facilities and displays at highway rest areas and tourist centers.
Regulate Tourist-Oriented Directional Signs (TODS)
Establish rules governing the placement, maintenance, and removal of TODS to ensure they comply with state standards.
Balance business interests with highway safety and aesthetic considerations.
Issue Permits and Enforce Compliance
The TIC issues permits for TODS and monitors compliance.
The TIC has enforcement authority to remove non-compliant signs and impose penalties.
Collaborate with Other Agencies
Work with the Oregon Department of Transportation (ODOT) and other state agencies on highway and tourism-related matters.
Regulatory Authority
The TIC’s rulemaking and enforcement powers derive from Oregon statutes, which delegate authority to regulate travel-related signage and operate informational centers.
OAR Chapter 733 provides detailed administrative rules to implement the statutory framework.
Administrative Law Principles in OAR Chapter 733
The Travel Information Council, as an administrative agency, must follow:
Rulemaking Authority:
TIC must follow state administrative procedures for adopting and amending rules under the Oregon Administrative Procedures Act.
Enforcement and Due Process:
When TIC enforces rules (such as removing illegal signs), it must provide appropriate notice and an opportunity to contest enforcement actions, ensuring due process.
Delegated Authority and Judicial Review:
Courts defer to TIC’s reasonable interpretations of its governing statutes and rules unless clearly unreasonable.
Relevant Case Law (General Principles Applied)
Since there may not be many published cases directly involving TIC, similar administrative law principles apply, illustrated by these key cases:
1. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)
Established the Chevron deference doctrine, which courts apply to agency interpretations of statutes they administer.
Application: If TIC’s interpretation of travel sign statutes is challenged, courts will defer if the statute is ambiguous and TIC’s interpretation is reasonable.
2. Mathews v. Eldridge, 424 U.S. 319 (1976)
Sets the standard for procedural due process in administrative enforcement.
Application: TIC must provide affected parties with notice and a hearing opportunity before removing signs or imposing penalties.
3. Oregon Association of Naturopathic Physicians v. Board of Naturopathic Examiners, 353 Or. 377 (2013)
Oregon Supreme Court affirmed that administrative boards must act within statutory authority and observe procedural fairness.
Application: TIC’s enforcement actions must comply with statutory limits and fair procedures.
4. Department of Human Services v. Sims, 198 Or. App. 138 (2005)
Emphasized the importance of fair hearings before administrative sanctions.
Application: Parties affected by TIC’s enforcement actions have a right to challenge those actions before an impartial tribunal.
Summary
The Oregon Travel Information Council regulates travel information services and tourist-oriented directional signs under OAR Chapter 733.
The Council operates under delegated legislative authority and must follow administrative law principles in rulemaking and enforcement.
Enforcement includes issuing permits for signs, monitoring compliance, and removing unauthorized signs with due process.
Courts generally defer to TIC’s reasonable statutory interpretations but require that the Council provide fair notice and hearings when enforcing rules.
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