OAR 660-030-0055: Review of Agency Coordination Programs

(1) An agency coordination program found to be complete pursuant to OAR 660-030-0045(4) shall be evaluated by the Director. The results of this evaluation, including responses to timely objections, together with a recommendation regarding certification, shall be set forth in a written report. (2) If the Director recommends that the agency’s program be certified, the Department shall mail copies of the Director’s report to the submitting agency, all commenters and objectors, any person who in writing requests a copy, and the Commission. The report shall be considered by the Commission at a date determined by the Director in the following manner: (a) The submitting agency or persons who have submitted timely comments or objections as described in OAR 660-030-0050 shall have 20 days from the date of mailing of the Director’s report to file written exceptions to that report; (b) The Director may comment to the Commission in writing or orally regarding any materials, comments, objections or exceptions submitted to the Commission concerning any agency certification request; (c) The Commission may allow any person who has filed a timely written comment or objection as provided in OAR 660-030-0050 to appear before the Commission within time limits established by the Commission to present oral statements on the person’s written comments, objections or exceptions. The Commission shall not consider any new or additional information or testimony that could have been presented to the Director within the timelines required by OAR 660-030-0050 or by section (3) of this rule, but was not; (d) Following its review of the Director’s report and such additional comments and information provided under subsections (2)(a)–(c) of this rule, the Commission shall adopt an order which: (A) Certifies the agency’s coordination program; or (B) Denies certification and identifies the needed corrections and date by which the agency is to amend its program and resubmit to the Department in the same manner as provided in OAR 660-030-0045; or (C) Postpones final action on the agency’s coordination program to a future date as determined by the Commission; and (e) Commission orders adopted under subsection (2)(d) of this rule shall be provided to the affected state agency, commenters, objectors, and other persons requesting a copy in writing. (3) If the Director finds, pursuant to ORS 197.180(3)–(5), that the agency’s program should not be certified, the Director shall mail copies of a draft of the Director’s report including needed corrections to the submitting agency, to all commenters and objectors and to any person who requests a copy in writing. The submitting agency and those persons filing timely comments and objections shall have 20 days from the date of mailing to file written exceptions to the draft of the Director’s report. (4) The Director shall evaluate exceptions to the draft filed within the 20 day period provided in section (3) of this rule. In a timely manner following the exception deadline, the Director shall in writing notify and provide supporting documents as appropriate to the submitting agency, all commenters, objectors, persons filing exceptions and any person who requests a copy in writing that: (a) The report is unchanged from the draft and the director’s recommendation that the agency’s coordination program not be certified is now final; or (b) The Director’s recommendation that the agency’s coordination program not be certified is now final but the report has been changed from the draft; or (c) The Director’s recommendation that the agency’s program not be certified has been referred, along with all supporting documents and comments, objections and exceptions timely filed, to the Commission for its review and action in the manner provided by section (2) of this rule; or (d) The Director’s report has been changed to recommend that the agency’s coordination program be certified and the report, along with all supporting documents and comments, objections and exceptions timely filed have been referred to the Commission for its review and action as provided by section (2) of this rule. (5) A state agency which disagrees with the Director’s finding and recommendation under subsection (4)(a) or (b) of this rule may request Commission review of the Director’s report. (6) Within the time period specified in the notice issued under paragraph (2)(d)(B) or subsection (4)(a) or (b) of this rule, but not greater than 90 days, the affected state agency shall amend and resubmit its coordination program to the Department. Resubmittal of a program by an agency shall be done in the same manner as described in OAR 660-030-0045.