Or. Admin. Code § 660-025-0100 - Notice and Filing of Objections (Work Program Phase)
(1) After the local government approves the
evaluation and work program, or the evaluation and decision that no work
program is necessary, the local government must notify the department and
persons who participated at the local level orally or in writing during the
local process. The local government notice must contain the following
information:
(a) Where a person can review a
copy of the local government's evaluation and work program or the evaluation
and decision that no work program is necessary, and how a person may obtain a
copy of the decision;
(b) The
requirements listed in section (2) of this rule for filing a valid objection to
the evaluation, work program or decision that no work program is necessary;
and
(c) That objectors must give a
copy of the objection to the local government.
(2) Persons who participated at the local
level orally or in writing during the local process leading to the evaluation
and work program or decision that no work program is necessary may object to
the local government's decision. To be valid, an objection must:
(a) Be in writing and filed with the
department's Salem office no later than 21 days from the date the notice was
mailed by the local government;
(b)
Clearly identify an alleged deficiency in the evaluation, work program or
decision that no work program is necessary;
(c) Suggest a specific work task that would
resolve the deficiency;
(d)
Demonstrate that the objecting party participated at the local level orally or
in writing during the local process.
(3) Objections that do not meet all the
requirements of section (2) of this rule will not be considered by the director
or commission.
(4) If the
department does not receive any valid objections within the 21-day objection
period, the director may approve the evaluation and work program or decision
that no work program is required. Regardless of whether valid objections are
received, the department must make its own determination of the sufficiency of
the evaluation and work program or determination that no work program is
necessary.
(5) If the department
receives one or more valid objections, the department must issue a report that
addresses the issues raised in valid objections. The report must identify
specific work tasks to resolve valid objections or department concerns. A valid
objection must either be sustained or rejected by the department or commission
based on the statewide planning goals and related statutes and administrative
rules.
Notes
Stat. Auth.: ORS 197.040 & 197.633
Stats. Implemented: ORS 197.628 - 197.646
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