Or. Admin. Code § 345-027-0363 - Determination of Completeness for a Request for Amendment
(1) Until the Department determines a request
for amendment to the site certificate is complete, it is a preliminary request
for amendment. After receiving a preliminary request for amendment, the
Department may seek comments from reviewing agencies to determine whether that
request is complete.
(2) Unless the
certificate holder agrees to additional time, within 60 days after receipt of a
preliminary request for amendment under type A review, and within 21 days after
receipt of a preliminary request for amendment under type B review, the
Department must notify the certificate holder whether the request for amendment
is complete. In the notification, the Department must:
(a) State that the request for amendment is
complete; or
(b) State that the
request for amendment is incomplete, and:
(A)
Describe any additional information needed to complete the request for
amendment to the extent known to the Department at the time of the
notification, including identification of applicable laws and Council standards
not addressed in the preliminary request for amendment;
(B) Ask the certificate holder to submit the
additional information by the due dates described in section (4) of this rule;
and
(C) Estimate the additional
time the Department will need to make a determination of completeness following
the submittal of the additional information by the certificate
holder.
(3) If
the Department does not notify the certificate holder as described in section
(2) of this rule, the request for amendment under type A review is deemed
complete 60 days after receipt of a preliminary request for amendment, and the
request for amendment under type B review is deemed complete 21 days after
receipt of a preliminary request for amendment. Otherwise, the request for
amendment is complete as determined under section (5) of this rule.
(4) The Department may specify a date by
which the certificate holder must submit additional information needed to
complete the request for amendment. If follow-up requests for additional
information are needed, the Department may specify dates by which the
certificate holder must submit the information. At the request of the
certificate holder, the Department may allow additional time for submission of
the information. If the certificate holder does not submit the information by
the deadline specified by the Department, including any allowed extension, the
Council may reject the preliminary request for amendment. The rejection of a
preliminary request for amendment is subject to appeal under ORS
469.403(3).
(5) A request for amendment is complete when
the Department finds that the certificate holder has submitted information
adequate for the Council to make findings or impose conditions on all
applicable laws and Council standards. The Department must notify the
certificate holder when the Department finds that the request for amendment is
complete.
(6) After receiving
notification from the Department that the preliminary request for amendment is
complete, the Department may require the certificate holder to prepare a
consolidated request for amendment that includes all revisions to the
preliminary request for amendment and all additional information requested by
the Department before the determination of completeness. Upon a request by the
Department, the certificate holder must submit printed and non-copy-protected
electronic copies of the consolidated request for amendment to the Department,
as specified by the Department.
(7)
If, after a determination that a request for amendment is complete, the
Department identifies a need for additional information during its review of
the request for amendment, the Department may request additional information
from the certificate holder.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.405
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.
No prior version found.