Or. Admin. Code § 340-270-0200

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-270-0200 - Application Review Process

(1) DEQ will process applications on a first-come, first-serve basis as received by DEQ, except as provided in OAR 340-270-0200(2), or in circumstances where a rebate recipient assigns a rebate to a vehicle dealer, or to an original equipment manufacturer that does not have licensed franchised new automobile dealers in Oregon.

(2) In the event that funding for rebate payments from the Zero Emission Incentive Fund is exhausted, DEQ will:

(a) Cease acceptance of new applications at least 30 days prior to the anticipated exhaustion of funds. Any purchases or leases made during the period DEQ ceases acceptance are not eligible for the rebate. Only applicants with existing applications submitted to DEQ at the time funds are exhausted will be eligible to receive payment; and

(b) When program funds are replenished DEQ will first process any applications that were submitted prior to DEQ's cessation of acceptance of new applications but that were not issued a rebate because funds were exhausted. Once DEQ resumes accepting new applications, DEQ will prioritize processing of Charge Ahead Rebate applications. DEQ will resume processing applications as stated in OAR 340-270-0200(1) after 20 percent of program funding is distributed to Charge Ahead applicants. If DEQ has not reached the 20 percent threshold 3 months after DEQ resumes application processing, then DEQ will resume processing as stated in OAR 340-270-0200(1).

(3) DEQ will reject all applications that do not meet the applicable requirements of OAR 340-270-0100, -0120, -0410, and -0430.

(4) As provided in OAR 340-270-0120(2)(f), DEQ may require additional information or documentation to complete its review of an application. If DEQ does not receive the requested information and documentation within 30 days of its request, DEQ may reject the application.

(5) DEQ will provide a written explanation for all rejected applications. If DEQ rejects an application, an applicant may appeal that rejection by:

(a) Providing a written explanation of why the applicant believes that DEQ misapplied the statute or its rules or otherwise improperly rejected the applicant;

(b) Submitting that written explanation by depositing the explanation in the mail, with proper postage, postmarked within 60 days of the date of DEQ's written rejection; and

(c) Submitting the explanation to the person specified on the letter rejecting the application.

(6) DEQ will respond to an appeal of a rejection in writing as soon as is practicable. DEQ's response to an appeal is an order in other than a contested case.

Or. Admin. Code § 340-270-0200

DEQ 186-2018, adopt filed 05/14/2018, effective 5/14/2018; DEQ 200-2018, temporary amend filed 12/04/2018, effective 12/04/2018 through 06/01/2019; DEQ 21-2019, temporary amend filed 09/27/2019, effective 9/29/2019 through 3/26/2020; DEQ 2-2020, amend filed 01/24/2020, effective 1/24/2020; DEQ 6-2022, amend filed 05/19/2022, effective 5/19/2022

Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37

Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9