Or. Admin. Code § 345-027-0365

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

Section 345-027-0365 - Draft Proposed Order for a Request for Amendment

(1) Within 7 days after a request for amendment to the site certificate described in OAR 345-027-0350(3) or (4), or a request for amendment to apply later-adopted laws described in OAR 345-027-0390, is determined to be complete, the Department must:

(a) Send notice to the certificate holder specifying a date for issuance of a draft proposed order. The date of issuance of a draft proposed order for a type A request for amendment must be no later than 120 days after the date of the notice. The date of issuance of a draft proposed order for a type B request for amendment must be no later than 60 days after the date of the notice.

(b) Post an announcement on the Department's website to notify the public that a complete request for amendment has been received. The announcement must include:

(A) A copy of the complete request for amendment;

(B) The date the draft proposed order will be issued, as specified in the notice required by subsection (1)(a) of this rule; and

(C) A statement that the public comment period begins upon issuance of the draft proposed order.

(2) No later than the date specified in the notice required by subsection (1)(a) of this rule, the Department must issue a draft proposed order recommending approval, modification, or denial of the requested amendment. The Department may issue the draft proposed order at a later date, but the Department must, no later than the date the Department has specified in the notice required by subsection (1)(a) of this rule, notify the certificate holder in writing of the reasons for the delay. The draft proposed order may include, but is not limited to, draft proposed findings of fact, conclusions of law, and conditions concerning the facility's compliance with applicable laws and Council Standards.

Or. Admin. Code § 345-027-0365

EFSC 9-2019, temporary adopt filed 08/22/2019, effective 8/22/2019through 2/17/2020; EFSC 1-2020, adopt filed 01/28/2020, effective 1/28/2020

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.405