OAR 660-025-0110: Director and Commission Action (Work Program Phase)

(1) In response to an evaluation and work program submitted to the department pursuant to OAR 660-025-0100, the director may: (a) Issue an order approving the evaluation and work program or determination that no work program is necessary; or (b) Issue an order rejecting the evaluation and work program or determination that no work program is necessary and suggest modifications to the local government including a date for resubmittal. (2) The director may postpone action, pursuant to section (1) of this rule to allow the department, the jurisdiction, objectors or other persons who participated orally or in writing at the local level to reach agreement on specific issues relating to the evaluation and work program or determination that no work program is necessary. (3) The director must provide written notice of the decision to the local government persons who filed objections, and persons who requested notice of the local government decision. (4) The director's decision to approve an evaluation and work program or determination that no work program is necessary is final and may not be appealed. (5) The director's decision to deny an evaluation and work program or determination that no work program is necessary may be appealed to the commission by the local government, or a person who filed an objection, or other person who participated orally or in writing at the local level. (a) Appeal of the director's decision must be filed with the department within 21 days of the date notice of the director's action was mailed; (b) A person appealing the director's decision must show that the person participated in the local government decision. The person appealing the director's decision must show a deficiency in the director's decision to deny the evaluation, work program or decision that no work program is necessary. The person appealing the director's decision also must suggest a specific modification to the evaluation, work program or decision that no work program is necessary to resolve the alleged deficiency. (6) If no such appeal is filed, the director's decision shall be final. (7) In response to an appeal, the director may prepare and submit a report to the commission. The provisions in OAR 660-025-0160(4) and (5) apply. (8) The commission shall hear referrals and appeals of evaluations and work programs according to the procedures in OAR 660-025-0085. (9) Following its hearing, the commission must issue an order that either: (a) Establishes a work program; or (b) Determines that no work program is necessary.