OAR 860-001-0130: Termination of Eligibility; Decertification

(1) Upon the filing of a complaint under ORS 756.500 or upon a Commission investigation or motion under 756.515, the Commission may terminate the precertification or case certification of an organization if it finds that: (a) The organization has committed fraud, misrepresentation, or misappropriation related to a grant made available under the terms of a Commission-approved agreement; (b) The organization received a grant in Commission proceedings, but during those proceedings failed to represent the interests of the broad class of customers that the organization purported to represent in its application for precertification or case certification; (c) The organization has failed to comply with Commission orders or rules in a material way; (d) The organization violated the terms and conditions of a protective order governing the use and disclosure of confidential information; (e) For CUB, there has been a substantial change in or repeal of ORS 774.010 through 774.990; or (f) A precertified organization other than CUB no longer meets the criteria of OAR 860-001-0120(3). (2) An intervenor that is decertified under paragraph (1)(d) is ineligible for future precertification or case certification under the agreement. (3) Termination of the precertification or case certification of an organization is prospective only.