OAR 860-028-0210: Resolution of Disputes over Plans of Correction

(1) If a pole occupant and a pole owner have a dispute over the reasonableness of the plan of correction, then either party may request an order from the Commission to resolve the dispute. The party requesting resolution shall provide notice of its request to the Commission and to the other party: (a) Upon receipt of a request, the Commission Staff shall, within 15 days, provide to the parties a recommended order for the Commission; (b) Either party may, within 15 days of receipt of the recommended order, submit written comments to the Commission regarding the recommended order; (c) Upon receipt of written comments, the Commission shall, within 15 days, issue an order. (2) Notwithstanding section (1) of this rule, either the pole owner or pole occupant may request a settlement conference with the Joint-Use Association. The settlement conference shall be in addition to, not in lieu of, the process set forth in section (1).