Or. Admin. Code § 345-015-0190 - Determination of Completeness
(1) Within 60 days
after receipt of a preliminary application for a site certificate, the
Department must notify the applicant whether the application is complete. In
the notification, the Department must:
(a)
State that the application is complete and state the date of filing;
(b) State that the application is incomplete,
and:
(A) Describe any information needed to
complete the application to the extent known to the Department at the time of
the notification;
(B) Ask the
applicant to submit the needed information by the deadline described in section
(4); and
(C) Estimate the
additional time the Department will need to make a determination of
completeness; or
(c)
Explain the reasons why the Department cannot determine completeness and
estimate the additional time the Department will need to make a determination
of completeness.
(2) If
the Department does not notify the applicant as described in section (1), the
application is deemed complete and filed 60 days after receipt of the
preliminary application. Otherwise, the application is complete as determined
under section (5) and the date of filing is the date determined under section
(6).
(3) If the Department finds
that the applicant did not give adequate consideration to public concerns about
the corridors the applicant identified in Exhibit D of the notice of intent or
corridor adjustments presented at the informational hearing described in OAR
345-015-0130, the Department may
find the application incomplete and notify the applicant as described under
section (1)(b).
(4) The Department
may specify a date by which the applicant must submit additional information
needed to complete the application. If follow-up requests for additional
information are needed, the Department may specify dates by which the applicant
must submit the information. At the request of the applicant, the Department
may allow additional time for submission of the information. If the applicant
does not submit the information by the deadline specified by the Department,
including any allowed extension, the Council may reject the application. The
rejection of an application is subject to appeal under ORS
469.403(3).
(5) An application is complete when the
Department finds that the applicant has submitted information adequate for the
Council to make findings or impose conditions on all applicable Council
standards. The Department may find that the application is complete without
requiring the applicant to submit all information described under OAR
345-021-0000 and OAR 345,
divisions 21 through 24. The Department must notify the applicant when the
Department finds that the application is complete and, if needed, may request
the application supplement described in OAR
345-021-0055.
(6) The date of filing is the date the
Department receives the application supplement described in OAR
345-021-0055 or, if no
supplement is needed, the date the Department notifies the applicant that the
application is complete.
(7) After
a determination that an application is complete, if the Department identifies a
need for additional information during its review of the application, the
applicant must submit additional information to the Department. Submission of
such information does not constitute an amendment of the application.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.350
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Within 60 days after receipt of a preliminary application for a site certificate, the Department must notify the applicant whether the application is complete. In the notification, the Department must:
(a) State that the application is complete and state the date of filing;
(b) State that the application is incomplete, and:
(A) Describe any information needed to complete the application to the extent known to the Department at the time of the notification;
(B) Ask the applicant to submit the needed information by the deadline described in section (4); and
(C) Estimate the additional time the Department will need to make a determination of completeness; or
(c) Explain the reasons why the Department cannot determine completeness and estimate the additional time the Department will need to make a determination of completeness.
(2) If the Department does not notify the applicant as described in section (1), the application is deemed complete and filed 60 days after receipt of the preliminary application. Otherwise, the application is complete as determined under section (5) and the date of filing is the date determined under section (6).
(3) If the Department finds that the applicant did not give adequate consideration to public concerns about the corridors the applicant identified in Exhibit D of the notice of intent or corridor adjustments presented at the informational hearing described in OAR 345-015-0130, the Department may find the application incomplete and notify the applicant as described under section (1)(b).
(4) The Department may specify a date by which the applicant must submit additional information needed to complete the application. If follow-up requests for additional information are needed, the Department may specify dates by which the applicant must submit the information. At the request of the applicant, the Department may allow additional time for submission of the information. If the applicant does not submit the information by the deadline specified by the Department , including any allowed extension, the Council may reject the application. The rejection of an application is subject to appeal under ORS 469.403(3).
(5) An application is complete when the Department finds that the applicant has submitted information adequate for the Council to make findings or impose conditions on all applicable Council standards. The Department may find that the application is complete without requiring the applicant to submit all information described under OAR 345-021-0000 and 345-021-0010. The Department must notify the applicant when the Department finds that the application is complete and, if needed, may request the application supplement described in OAR 345-015-0200.
(6) The date of filing is the date the Department receives the application supplement described in OAR 345-015-0200 or, if no supplement is needed, the date the Department notifies the applicant that the application is complete.
(7) After a determination that an application is complete, if the Department identifies a need for additional information during its review of the application and requests such additional information, the applicant must submit that additional information to the Department . Submission of such information does not constitute an amendment of the application.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.350