Or. Admin. Code § 734-051-3060
Current through Register Vol. 63, No. 12, December 1, 2024
Section 734-051-3060 - Pre-Decision Collaborative Discussion for Highway Approach Permit Applications(1) Offer of Pre-Decision Collaborative Discussion. When the department intends to deny an application or approve an application with mitigation, it shall notify the applicant of its intent and offer to meet with the applicant in a pre-decision collaborative process, as described in sections (2) through (6), below. (2) Notice. The department notice in section (1) shall describe the basis of the preliminary decision, extend an offer to meet with the applicant to provide further explanation or clarification of the department's preliminary decision, and provide the applicant an opportunity to propose modifications. (3) Goals of Pre-Decision Collaborative Discussion. The goals of the pre-decision collaborative process are to ensure that all relevant information has been fully considered, provide opportunity to resolve differences to the extent possible, and facilitate timely issuance of a final decision. (4) Timeline. The department's notice of preliminary decision and offer of a collaborative process must occur within either the 30-day or 60-day application decision timeline under OAR 734-051-3040(4), whichever is applicable. The department and applicant may agree to extend the timelines for the department's final decision as part of the collaborative process. (5) Written Decision. Agreements reached using a pre-decision collaborative discussion shall be incorporated into the department's permit decision. (6) Applicant May Decline Offer. If the applicant declines the offer of a collaborative process, or a collaborative agreement cannot be reached, the department shall issue its final decision in writing, including findings as set forth in OAR 734-051-3040(9).Or. Admin. Code § 734-051-3060
HWD 16-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-29-12; HWD 8-2012, f. 6-27-12, cert. ef. 6-29-12; HWD 2-2014, f. 6-25-14, cert. ef. 6-30-14; HWD 7-2014, f. & cert. ef. 7-9-14Stat. Auth.: ORS 184.616, 184.619, 374.310-374.314, 374.345 & 374.355
Stats. Implemented: ORS 374.300-374.360, §27, ch. 330, OL 2011