Or. Admin. R. 660-025-0110 - Director and Commission Action (Work Program Phase)
(1) In response to an evaluation and work
program submitted to the department pursuant to OAR 660-025-0100, the director
may:
(a) Issue an order approving the
evaluation and work program or determination that no work program is necessary;
or
(b) Issue an order rejecting the
evaluation and work program or determination that no work program is necessary
and suggest modifications to the local government including a date for
resubmittal.
(2) The
director may postpone action, pursuant to section (1) of this rule to allow the
department, the jurisdiction, objectors or other persons who participated
orally or in writing at the local level to reach agreement on specific issues
relating to the evaluation and work program or determination that no work
program is necessary.
(3) The
director must provide written notice of the decision to the local government
persons who filed objections, and persons who requested notice of the local
government decision.
(4) The
director's decision to approve an evaluation and work program or determination
that no work program is necessary is final and may not be appealed.
(5) The director's decision to deny an
evaluation and work program or determination that no work program is necessary
may be appealed to the commission by the local government, or a person who
filed an objection, or other person who participated orally or in writing at
the local level.
(a) Appeal of the director's
decision must be filed with the department within 21 days of the date notice of
the director's action was mailed;
(b) A person appealing the director's
decision must show that the person participated in the local government
decision. The person appealing the director's decision must show a deficiency
in the director's decision to deny the evaluation, work program or decision
that no work program is necessary. The person appealing the director's decision
also must suggest a specific modification to the evaluation, work program or
decision that no work program is necessary to resolve the alleged
deficiency.
(6) If no
such appeal is filed, the director's decision shall be final.
(7) In response to an appeal, the director
may prepare and submit a report to the commission. The provisions in OAR
660-025-0160(4) and (5) apply.
(8)
The commission shall hear referrals and appeals of evaluations and work
programs according to the procedures in OAR 660-025-0085.
(9) Following its hearing, the commission
must issue an order that either:
(a)
Establishes a work program; or
(b)
Determines that no work program is necessary.
Notes
Stat. Auth.: ORS 197.040 & 197.633
Stats. Implemented: ORS 197.628 - 197.646
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