Or. Admin. R. 345-015-0190

Current through Register Vol. 63, No. 6, June 1, 2024

Section 345-015-0190 - Determination of Completeness

(1) Within 60 days after receipt of a preliminary application for a site certificate, the Department must notify the applicant whether the application is complete. In the notification, the Department must:

(a) State that the application is complete and state the date of filing;

(b) State that the application is incomplete, and:

(A) Describe any information needed to complete the application to the extent known to the Department at the time of the notification;

(B) Ask the applicant to submit the needed information by the deadline described in section (4); and

(C) Estimate the additional time the Department will need to make a determination of completeness; or

(c) Explain the reasons why the Department cannot determine completeness and estimate the additional time the Department will need to make a determination of completeness.

(2) If the Department does not notify the applicant as described in section (1), the application is deemed complete and filed 60 days after receipt of the preliminary application. Otherwise, the application is complete as determined under section (5) and the date of filing is the date determined under section (6).

(3) If the Department finds that the applicant did not give adequate consideration to public concerns about the corridors the applicant identified in Exhibit D of the notice of intent or corridor adjustments presented at the informational hearing described in OAR 345-015-0130, the Department may find the application incomplete and notify the applicant as described under section (1)(b).

(4) The Department may specify a date by which the applicant must submit additional information needed to complete the application. If follow-up requests for additional information are needed, the Department may specify dates by which the applicant must submit the information. At the request of the applicant, the Department may allow additional time for submission of the information. If the applicant does not submit the information by the deadline specified by the Department, including any allowed extension, the Council may reject the application. The rejection of an application is subject to appeal under ORS 469.403(3).

(5) An application is complete when the Department finds that the applicant has submitted information adequate for the Council to make findings or impose conditions on all applicable Council standards. The Department may find that the application is complete without requiring the applicant to submit all information described under OAR 345-021-0000 and 345-021-0010. The Department must notify the applicant when the Department finds that the application is complete and, if needed, may request the application supplement described in OAR 345-015-0200.

(6) The date of filing is the date the Department receives the application supplement described in OAR 345-015-0200 or, if no supplement is needed, the date the Department notifies the applicant that the application is complete.

(7) After a determination that an application is complete, if the Department identifies a need for additional information during its review of the application and requests such additional information, the applicant must submit that additional information to the Department. Submission of such information does not constitute an amendment of the application.

Or. Admin. R. 345-015-0190

EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2003, f. & cert. ef. 9-3-03; EFSC 1-2007, f. & cert. ef. 5-15-07; EFSC 1-2012, f. & cert. ef. 5-15-12; EFSC 10-2019, amend filed 10/04/2019, effective 10/7/2019; EFSC 1-2023, amend filed 08/29/2023, effective 8/29/2023

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.350