OAR 660-045-0080: The Department’s Actions After Accepting a Petition

(1) If the department accepts a petition, the department shall evaluate the alleged noncompliance and prepare recommendations to the commission. (2) In evaluating the alleged noncompliance, the department shall consider these three matters and any others it deems relevant: (a) The noncompliance specified in the citizen’s request to the affected local government or district; (b) The affected local government or district’s response to the request; (c) Facts known to the department or ascertained by its investigation. (3) The department shall prepare recommendations to the commission that include findings on the following three matters and any others the department deems relevant: (a) Whether there is good cause to proceed to a contested-case hearing of the petition; (b) Whether the commission or a hearings officer should conduct the contested-case hearing, if one is to be held; (c) A date for the contested-case hearing, if one is to be held.