Or. Admin. Code § 732-042-0025

Current through Register Vol. 63, No. 10, October 1, 2024

Section 732-042-0025 - Commission Approval of STIF Plan

(1) The Agency shall review the STIF Plan submitted by a Qualified Entity for completeness and may ask the Qualified Entity to supply missing information or to provide clarification about the meaning or intent of any portion of the STIF Plan.

(2) The Agency shall submit each complete STIF Plan to the Public Transportation Advisory Committee (PTAC) for review.

(3) The PTAC shall timely determine whether it proposes to recommend that the Commission approve or reject all or a portion of the STIF Plan.

(a) If the PTAC determines that it will recommend rejection of all or a portion of the STIF Plan, it shall timely prepare a brief written statement of the reasons for its recommendation. Within seven days of the PTAC's preparation of the statement, the Agency shall provide notice of the PTAC's intended recommendation and a copy of the statement of reasons to the Qualified Entity.

(b) The PTAC shall timely communicate its recommendation to the Commission.

(c) The PTAC, when making its recommendation and the Commission when making its decision on a STIF Plan shall consider the extent to which the STIF Plan meets the requirements described in OAR 732-042-0015(1), (2) and (3).

(4) A Qualified Entity that receives notice that the PTAC intends to recommend rejection of all or a portion of a STIF Plan under subsection (3)(a) of this rule may attach additional information and a revised STIF Plan for the Commission's consideration to the STIF Plan originally submitted. The Qualified Entity shall provide the additional information to the Agency within 30 days.

(5) The Commission shall consider the PTAC's recommendation and determine whether to approve or reject the STIF Plan originally submitted by the Qualified Entity or a revised STIF Plan submitted by the Qualified Entity under section (4) of this rule. If the Commission rejects a proposed STIF Plan, the Commission shall identify the reasons for the rejection and the Agency shall provide the reasons to the Qualified Entity in writing. Reasons for Commission rejection include, but are not limited to:

(a) The Qualified Entity did not establish an Advisory Committee or established one inconsistent with membership requirements in these rules;

(b) The Qualified Entity failed to confer with its Advisory Committee;

(c) The STIF Plan is incomplete or does not adequately explain how the Qualified Entity will accomplish the goals of the Projects in the STIF Plan, including Recipient Accountability Methods, Sub-Recipient Accountability Methods, or Remediation Strategies, if applicable;

(d) The STIF Plan does not contain the sections and elements listed in OAR 732-042-0015(1), (2) and (3); and

(e) Whether the Qualified Entity failed to expend STIF Formula funds in a manner that substantially complied with a prior approved STIF Plan.

(6) A Qualified Entity may file one appeal as described in OAR 732-040-0050 if its STIF Plan is rejected by the Commission.

Or. Admin. Code § 732-042-0025

PTD 1-2018, adopt filed 06/26/2018, effective 7/1/2018

Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761

Statutes/Other Implemented: ORS 184.751-184.766