Or. Admin. R. 333-560-0030 - Delayed or Simultaneous Review

Current through Register Vol. 61, No. 4, April 1, 2022

(1) An applicant who has submitted a letter of intent may request the division to delay consideration of an application for the purpose of simultaneous review. The division may, on its own initiative, delay consideration of an application pursuant to subsection (1)(b) and section (2) of this rule:
(a) The requesting party must state reasons for the request which shall include the determination in section (2) of this rule and must show reasonable evidence supporting the request;
(b) A request and determination that an application will be subject to simultaneous review must be made prior to the first of the affected applications being declared complete by the division. Although a determination may be made at the letter of intent stage, delay of review will not begin until the application is submitted and declared complete. However, if a delay is already in effect, additional applications may be considered as part of the simultaneous review process if they are declared complete before one of the events in section (3) of this rule occurs.
(2) The division may delay the consideration of an application for the purpose of simultaneous review when the division has determined that all of the following conditions have been met:
(a) More than one letter of intent sufficient for a ruling by the division has been received;
(b) Each letter of intent proposes to provide a similar service or to meet closely related needs to substantially the same area and population;
(c) There is a reasonable expectation that the approval of two or more applications in question may not be justified; and
(d) There is a reasonable expectation that the additional application(s) to be submitted will be declared complete by the division not later than 105 days after the division commences the delay of the first application held for simultaneous review.
(3) The start of review of an application must occur the day after the first of the following events:
(a) Lapse of 105 days from written declaration by the division of completeness of the first application, without receipt of a second complete application;
(b) Actual receipt of a second complete application, unless additional applicants have been granted simultaneous review;
(c) Notice or information that additional applications will not be received within 105 days of written declaration of completeness of the first application; or
(d) Receipt, by the division, of additional applications which are not declared complete within 105 days of written declaration of completeness of the first application.
(4) In the event that a proposal is subject to simultaneous review in more than one service area, review will not start on any of the affected applications in any of the service areas until one of the events listed in section (3) of this rule has occurred in each service area.
(5) Once consideration of the application is commenced, the division shall notify the applicant that a simultaneous review is in effect.

Notes

Or. Admin. R. 333-560-0030
HD 13-1994, f. & cert. ef. 4-22-94; OHD 11-1998, f. & cert. ef. 10-22-98

Stat. Auth.: ORS 431.120(6) & ORS 442.315

Stats. Implemented: ORS 431.120(6) & ORS 442.315

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