Or. Admin. Code § 660-045-0090

Current through Register Vol. 63, No. 11, November 1, 2024

Section 660-045-0090 - The Commission's Determination of Good Cause to Proceed

(1) The commission shall conduct a public hearing to determine whether there is good cause to proceed to a contested-case hearing.

(2) Only the department and parties to the proceeding may present testimony during the good-cause hearing described in Section 1.

(3) The commission may set limits on the time allowed for testimony at the good-cause hearing.

(4) A requester who alleges a pattern or practice of noncompliant decision making may present as evidence of good cause to proceed recent examples of noncompliant decisions made after the requester notified the affected local government or district of the requester's intent to petition for enforcement.

(5) In deciding whether there is good cause to proceed, the commission shall consider the following:

(a) The department's recommendation;

(b) The requester's petition;

(c) The citizen's request notice to the affected local government or district;

(d) The affected local government or district's response to the citizen's request;

(e) Related facts known to or ascertained by the commission; and

(f) Any testimony from parties to the enforcement proceeding.

(6) The commission shall find that there is good cause to proceed to a contested-case hearing if the information described in Section 5 contains substantial evidence of noncompliance.

(7) If the commission finds there is not good cause to proceed, it shall issue an order dismissing the petition and stating its reasons for doing so. A commission order dismissing a petition on grounds that there is not good cause to proceed shall be a final order. If the commission finds there is not good cause to proceed, no contested-case hearing of the petition shall be conducted.

(8) If the commission finds there is good cause to proceed, it shall issue a written decision describing the reasons for its decision.

(a) The commission may find good cause to proceed on some assertions of noncompliance in a petition, but not on others.

(b) The commission may, under its own motion pursuant to ORS 197.324, proceed on related assertions of noncompliance not contained in the petition.

(9) If the commission finds there is good cause to proceed, it shall initiate proceedings toward a contested-case hearing, as described in OAR 660-045-0100 to -0120.

Or. Admin. Code § 660-045-0090

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