Or. Admin. Code § 345-027-0365 - Draft Proposed Order for a Request for Amendment
(1) Within 7 days after a request for
amendment to the site certificate described in OAR
345-027-0350(3) or
(4), or a request for amendment to apply
later-adopted laws described in OAR
345-027-0390, is determined to
be complete, the Department must:
(a) Send
notice to the certificate holder specifying a date for issuance of a draft
proposed order. The date of issuance of a draft proposed order for a type A
request for amendment must be no later than 120 days after the date of the
notice. The date of issuance of a draft proposed order for a type B request for
amendment must be no later than 60 days after the date of the notice.
(b) Post an announcement on the Department's
website to notify the public that a complete request for amendment has been
received. The announcement must include:
(A) A
copy of the complete request for amendment;
(B) The date the draft proposed order will be
issued, as specified in the notice required by subsection (1)(a) of this rule;
and
(C) A statement that the public
comment period begins upon issuance of the draft proposed
order.
(2) No
later than the date specified in the notice required by subsection (1)(a) of
this rule, the Department must issue a draft proposed order recommending
approval, modification, or denial of the requested amendment. The Department
may issue the draft proposed order at a later date, but the Department must, no
later than the date the Department has specified in the notice required by
subsection (1)(a) of this rule, notify the certificate holder in writing of the
reasons for the delay. The draft proposed order may include, but is not limited
to, draft proposed findings of fact, conclusions of law, and conditions
concerning the facility's compliance with applicable laws and Council
Standards.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.405
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