Or. Admin. Code § 660-045-0170 - Terminating an Enforcement Order

(1) The commission shall terminate an enforcement order if the commission finds that any one of these conditions exists:

(a) The affected local government or district has complied with the requirements of the order;

(b) A substantial change in circumstances has eliminated the need for corrective action of the type required by the order; or

(c) A change in the applicable laws has rendered the enforcement order moot or has eliminated the need for corrective action of the type required by the order.

(2) The commission may initiate proceedings to terminate an enforcement order without having received a request to terminate the order. If the commission decides to initiate such proceedings, it shall notify all parties and provide for their participation under the provisions of OAR 660-045-0110 to -0130.

(3) An affected local government or district, a requester, or the department may request that an enforcement order be terminated. If the commission receives such a request, it shall notify all parties and provide for their participation under the provisions of OAR 660-045-0110 to -0130.

(4) The commission may write an enforcement order so that it terminates automatically when a specified date is reached or when an action specified in the order has been completed by the affected local government or district. If an order specifies such a termination date or action, the order shall terminate without notice to the parties and without further action by the department or commission when the termination date passes or when the termination action is completed. If an enforcement order contains no provision for automatic termination, then it shall remain in effect until the commission terminates the order in accordance with this rule.

Notes

Or. Admin. Code § 660-045-0170

LCDD 5-1998, f. & cert. ef. 9-23-98

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.319 - ORS 197.335 & ORS 197.646