Or. Admin. R. 660-045-0050 - The Local Government or Special District's Response to a Citizen's Request

(1) An affected local government or district that receives a citizen's request for enforcement shall mail the requester a response within 60 days of the date on which the request was mailed.

(2) The response shall contain either of the following:

(a) A statement that the affected local government or district will take corrective action in response to the request and a description of what that action will be; or

(b) A statement that the affected local government or district will not take corrective action and an explanation of its reasons for taking no action.

(3) If the affected local government or district will take corrective action, its statement of the intended action must specify the following:

(a) How the provisions of any relevant plan, regulation, agreement, or process will be amended;

(b) How the provisions of any relevant plan, regulation, agreement, or process will be applied or interpreted differently;

(c) Precise citations to the provisions of any plan, regulation, agreement, or process to be amended or applied differently; and

(d) The schedule for the action to be taken.

(4) If the affected local government or district fails to mail a response within 60 days, that failure shall be construed as a refusal to take corrective action. The requester then may petition the commission for enforcement. The requester shall mail such a petition within 240 days after the original request was mailed to the affected local government or district.

(5) If the affected local government or district mails a response to the requester within 60 days, the requester shall evaluate it.

(a) If the requester finds the corrective action proposed by the local government or district to be adequate, the requester shall notify the affected local government or district and the department and take no further action toward enforcement.

(b) If the requester finds the corrective action proposed by the local government or district to be inadequate, the requester may:

(A) Take no further action toward enforcement;

(B) Enter into mediation with the affected local government or district; or

(C) Petition the commission for enforcement.

(6) If the requester receives a response, finds it to be inadequate, and decides to petition for enforcement, the requester must mail the petition to the department within 180 days of the date when the affected local government or district mailed its response to the requester.

Notes

Or. Admin. R. 660-045-0050

LCDD 5-1998, f. & cert. ef. 9-23-98

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.319 - ORS 197.335 & ORS 197.646