OAR 330-070-0027: Application Review Process

(1) The department must receive an application on or before June 1, 2018 to consider the application for AED tax credit approval. AEDs must comply with OAR 330-070-0010 through 330-070-0097. Specific rules for each type of AED are provided in OAR 330-070-0059 through 330-070-0097. (2) The department will return applications that are not complete and will identify the additional information needed. (3) The department may require more details to complete its review of an application. (a) If the department requests additional data and does not receive it within 30 days, the department may deny the application. (b) During review, the department may ask for proof that the AED complies the rules. The department may also suggest changes to allow the AED and application to comply with these rules. (4) To obtain the information needed to evaluate an application or to verify eligibility and first year energy savings, the department may, with the owner's consent, inspect an installed AED: (a) The department may deny a system certification or request Department of Revenue (DOR) to initiate proceedings for the forfeiture of a tax credit if an owner refuses to allow the department to inspect the AED; (b) The department may require corrections necessary to bring the AED or tax credit application into compliance with the rules to be made within 30 days; (c) If such changes are not made within this time limit, the department may reject the application; and (d) The department may use the results of utility, Energy Trust of Oregon or jurisdictional inspections in lieu of its own inspection. (5) The department may reject any application if the AED does not comply with ORS 469B.100 through 469B.118, 316.116 and OAR 330-070-0010 through 330-070-0097. The department will provide an explanation for all rejected applications in writing. Approved requests for lesser cost than claimed by the applicant will also include a written explanation of the basis for the determination. (6) If the department rejects an application for system certification or approves a certification for lesser cost than claimed by the applicant, an applicant may appeal the rejection. The appeal must be filed within 60 days of the mailing of the rejection notice by the department, in accordance with ORS 183.310 through 183.500.