Or. Admin. R. 333-102-0365 - Third Party Method

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.


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

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