OAR 860-028-0220: Resolution of Factual Disputes

(1) If a pole occupant and pole owner have a dispute over facts that the pole occupant and pole owner must resolve so that the pole owner can impose appropriate sanctions, or in the event that a pole occupant is alleging that a pole owner is unreasonably delaying the approval of a written contract or the issuance of a permit, then either the pole owner or the pole occupant may request a settlement conference before the Joint-Use Association (JUA). The party making the request shall provide notice to the other party and to the JUA. (2) If the JUA does not settle a dispute described in section (1) of this rule within 90 days of the notice, then either the pole owner or the pole occupant may request a hearing before the Commission and an order from the Commission to resolve the dispute: (a) Upon receipt of a request, the Commission Staff shall, within 30 days, provide to the parties a recommended order for the Commission; (b) Either party may, within 30 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 30 days, issue an order.