Or. Admin. R. 660-025-0150 - Director Action and Appeal of Director Action (Work Task Phase)
(1) In response to
a completed work task or other plan amendment submitted to the department for
review in accordance with OAR 660-025-0140, the director may:
(a) Issue an order approving the completed
work task or plan amendment;
(b)
Issue an order remanding the work task or plan amendment to the local
government including, for a work task only, a date for resubmittal;
(c) Refer the work task or plan amendment to
the commission for review and action; or
(d) The director may issue an order approving
portions of the completed work task or plan amendment provided these portions
are not affected by an order remanding or referring the completed work
task.
(2) The director
must send the order to the local government, persons who filed objections and
persons who, in writing, requested a copy of the action.
(3) The director shall take action on, and
the order or referral must be sent, not later than 120 days of the date the
department received the task submittal from the local government, unless the
local government waives the 120-day deadline or the commission grants the
director an extension. The local government may withdraw the submittal, in
which case the 120-day deadline does not apply, provided the withdrawal will
not result in the local government passing the deadline for work task submittal
in the work program and any extension allowed in OAR 660-025-0130(6).
(4) If the director does not issue an order
or refer the work task within the time limits set by section (3) of this rule,
and the department did not receive any valid objections to the work task, the
work task shall be deemed approved. In such cases, the department will provide
a letter to the local government certifying that the work task is
approved.
(5) If the department
received one or more valid objections to the work task or plan amendment, the
director must either issue an order within the time limits set by section (3)
of this rule or refer the work task or plan amendment to the commission for
review.
(6) Appeals of a director's
decision are subject to the following requirements:
(a) A director's decision approving or
partially approving a work task or plan amendment may be appealed to the
commission only by a person who filed a valid objection.
(b) A director's decision remanding or
partially remanding a work task or plan amendment may be appealed to the
commission only by the local government, a person who filed a valid objection,
or by another person who participated orally or in writing in the local
proceedings leading to adoption of the local decision under review.
(c) Appeals of a director's decision must be
filed with the department's Salem office within 21 days of the date the
director's action was sent;
(d) A
person, other than the local government that submitted the work task or plan
amendment and an affected local government, appealing the director's decision
must:
(A) Show that the person participated
in the local proceedings leading to adoption of the work task or plan amendment
orally or in writing;
(B) Clearly
identify a deficiency in the work task or plan amendment sufficiently to
identify the relevant section of the submittal and the statute, goal, or
administrative rule the local government is alleged to have violated; and
(C) Suggest a specific
modification to the work task or plan amendment necessary to resolve the
alleged deficiency.
(7) If no appeal to the commission is filed
within the time provided by section (6) of this rule, the director's order is
deemed affirmed by the commission. If the order approved a submittal, the work
task or plan amendment is deemed acknowledged.
(8) When a subsequent work task conflicts
with a work task that has been deemed acknowledged, or violates a statewide
planning goal, applicable statute or administrative rule related to a previous
work task, the director or commission shall not approve the submittal until all
conflicts and compliance issues are resolved. In such case, the director or
commission may enter an order deferring acknowledgment of all, or part, of the
subsequent work task until completion of additional tasks.
(9) The director's standard of review is the
same as the standard that governs the commission expressed in OAR
660-025-0160(2).
Notes
Stat. Auth.: ORS 197.040 & 197.633
Stats. Implemented: ORS 197.626 - 197.646
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