OAR 732-040-0050: Appeal Procedures

(1) Appeals are allowed only in the following instances: (a) A Qualified Entity may appeal the Commission’s rejection of its STIF Plan. (b) A Qualified Entity may appeal the Agency’s decision to withhold STIF Formula Fund moneys. (c) A Qualified Entity may appeal the Agency’s decision to take action with respect to a Capital Asset as described in OAR 732-042-0040(10). (2) Appeals must be filed in writing within 15 days of the date the notice of appealable action was emailed by the Agency. A Qualified Entity that fails to file timely shall be deemed to have waived its appeal rights. Appeals must be addressed to the Commission and a copy must be sent to the Agency’s Division Administrator. (3) Appeals must identify the appellant, the appellant’s designated contact person, and the decision under appeal. In addition, appeals must include the following information: (a) For appeal of a Commission decision, the requested remedy and any arguments why the decision should be reconsidered. (b) For appeal of an Agency decision, the requested remedy, any arguments pertaining to the appeal and any other material the appellant considers relevant to the appeal. (4) Upon review or reconsideration, the Commission may make a decision to grant the requested remedy, deny the appeal, or, in the case of Agency decisions under appeal, remand the decision to the Agency with instructions to reconsider. (5) The Commission shall review the appeal and make its decision within 90 days of receipt.