If the applicant consents, the Authority may enter into third
party agreements for the applicant to engage and pay for the services of a
third party contractor to prepare an environmental impact analysis required by
OAR
333-102-0190
and/or to furnish an opinion of independent experts, satisfactory to the
Authority, in respect to the completeness and adequacy of any information or
data furnished by the applicant and on any aspect of the applicant's project or
effects thereof.
(1) When the
license
applicant pays for a third party
agreement, the monies paid for the consultant
must not be considered as specific license fees, pursuant to OAR
333-103-0010
of this chapter.
(2) In proceeding
under the third party
agreement, the Authority shall carry out the following
practices:
(a) Such contractor shall be chosen
solely by the Authority.
(b) The
Authority shall manage the contract.
(c) The consultant must be selected based on
the consultant's ability and relevant and applicable work experience and an
absence of conflict of interest. Third party contractors shall be required to
execute a disclosure statement showing that they have no financial or other
conflicting interest in the outcome of the project.
(d) The Authority shall specify the
information to be developed and supervise the gathering, analysis and
presentation of the information. The Authority shall have sole authority for
approval and modification of the statement, analysis, and conclusions included
in third party's report.
(e) The
Authority has the single right of refusal of the final application and the
Authority is not obligated to approve the application or issue a
license.
Notes
Or. Admin. R.
333-102-0365
PH 3-2003, f. & cert.
ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH
36-2004, f. & cert. ef. 12-1-04; PH 12-2006, f. & cert. ef. 6-16-06; PH
4-2007, f. & cert. ef. 3-1-07
Stat. Auth.: ORS 453.635, 453.665
Stats. Implemented: ORS 453.605 -
453.807
