Or. Admin. Code § 660-045-0180 - Requests for Terminating an Enforcement Order

(1) A party requesting termination of an enforcement order shall mail its request to the commission. On the same day that it mails its request to the commission, the party shall mail copies of the request to all other persons who were parties to the enforcement proceeding.

(2) A request to terminate an enforcement order shall be in the form of a letter containing the following items:

(a) A statement asking that the commission terminate the enforcement order;

(b) Citation to the subsection of OAR 660-045-0170(1) on which the request for termination is based;

(c) A description of how the affected local government or district's corrective action, a substantial change of circumstances, or a change in the applicable laws justifies termination of the order;

(d) Documentation of the corrective action, substantial change of circumstances, or change in the applicable laws that justifies termination of the order.

(3) Within 30 days of the date on which the request for termination was mailed, the department shall review the request to determine whether it is complete and complies with this rule. On or before the thirtieth day, the department shall convey the results of its review to the commission and to all parties to the order.

(a) If the department finds that the request for termination is incomplete or fails to comply with this rule, the commission shall not consider the request.

(b) If the department finds that the request for termination is complete and that it does comply with this rule, the department shall evaluate the request and recommend to the commission whether the enforcement order should be terminated. The department must mail its recommendation to the commission and to all parties within 90 days of the date the request for termination was mailed to the commission.

(4) Any party to an enforcement order may comment on a request for termination of that order. Such a comment shall be mailed to the commission within 30 days of the date on which the request for termination was mailed. On the same day that it mails its comment to the commission, the responding party shall mail a copy of the comment to all other parties to the order.

(5) Only those persons who were parties to an enforcement order may participate in proceedings to terminate that order.

(6) A party's comment on a request for termination shall be in the form of a letter to the commission containing the following items:

(a) A statement indicating whether the party supports or opposes termination of the enforcement order;

(b) A description of how the affected local government or district's corrective action, a substantial change of circumstances, or change in the applicable laws justifies or fails to justify termination of the enforcement order;

(c) Documentation of the corrective actions, substantial change of circumstances, or change in the applicable laws referred to in the description required by subsection 6(b).

(7) Within 60 days of the date when the department mails its recommendation to the commission, the commission shall decide whether to terminate the enforcement order. The commission shall issue a written decision stating reasons for its decision.

(8) Within five days of the commission's decision, the department shall mail copies of that decision to all parties to the enforcement order.

Notes

Or. Admin. Code § 660-045-0180

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