Or. Admin. Code § 660-012-0920 - Compliance Hearings

(1) The commission shall hold a compliance hearing in response to referral from the director at its next regularly scheduled meeting that is at least 30 days after the referral.

(2) The commission may hold a compliance hearing on its own motion or in response to an allegation that a city, county, or Metro has:

(a) Missed a deadline in this division;

(b) Missed a deadline in OAR 660-044-0015;

(c) Failed to implement corrective actions required by this division; or

(d) Failed to comply with a requirement in this division.

(3) The department shall post notice of a compliance hearing on a public website and send notice to the parties.

(4) At the compliance hearing the commission shall:

(a) Consider the director's written and oral report; and

(b) Consider oral testimony and written testimony provided at least 14 days prior to the hearing from a city, a county, or Metro and any persons who provided written comment as provided in OAR 660-012-0915(3)(b).

(5) The commission may evaluate the compliance of the cities and counties within a metropolitan area in a collective evaluation, or the commission may evaluate the compliance of an individual city or county separately.

(6) If the commission finds that a report meets the requirements of this division, or that the city, county, or Metro is in compliance with the requirements of this division, then the commission shall issue an order of approval.

(7) If the commission finds a city, a county, or Metro out of compliance with the requirements of this division, the commission may use any authority granted to commission, including but not limited to the actions below.

(a) Issue an order to remand a report with specific directions for changes necessary to comply with this division;

(b) Issue an enforcement order as provided in ORS 197.319 through 197.335;

(c) Issue an order to invalidate the acknowledgement of local transportation system plans that are not consistent with an approved Land use and Transportation Scenario Plan; and

(d) Provide notice to the Oregon Department of Transportation and the United States Department of Transportation of the lack of compliance with state planning requirements.

(8) The director shall mail the order to all parties.

(9) A commission order under this rule may be reviewed as provided in ORS 183.484 for orders in other than a contested case. Reports and orders as provided in this rule are not land use decisions.

Notes

Or. Admin. Code § 660-012-0920

LCDD 2-2022, temporary adopt filed 06/01/2022, effective 6/1/2022 through 11/27/2022; LCDD 3-2022, adopt filed 08/17/2022, effective 8/17/2022

Statutory/Other Authority: ORS 197.040

Statutes/Other Implemented: ORS 183.484, ORS 197.012, ORS 197.319-ORS 197.335 & ORS 197.712