OAR 731-012-0130: Commission Decision

(1) When there has been a determination by the Director that a Proposed Action results in a Reduction of Vehicle-Carrying Capacity, and there has been a determination that the Proposed Action is needed or required for Safety Considerations, or a local government requests and exemption under ORS 366.215(3), the Commission will make the final determination and may authorize proceeding with the Proposed Action or granting the exemption. (2) The Department staff will prepare meeting materials for the Commission that include a record of any Safety Considerations, Access Considerations, Stakeholder Forum advice, or Chief Engineer determination. (3) Any Commission approval of an exemption will include a determination that the exemption is in the best interest of the state and that the movement of freight will not be unreasonably impeded.