OAR 860-037-0097: Estimated Annual Fees Payable to the Commission by a Wastewater Utility

(1) For any year in which a wastewater utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The proposed annual fee must: (a) Include a penalty fee for failure to pay as required by ORS 756.350; (b) Include a late statement fee in accordance with OAR 860-011-0080; and (c) Be made no later than three (3) years after the statement form’s due date. (2) The Commission will provide written notice of the proposed annual fee to the wastewater utility. (3) Within 30 days after service of the notice of proposed annual fee, the wastewater utility may file a petition with the Commission for a hearing. In its petition, the utility must specify its reasons for disputing the proposed annual fee. The Commission may conduct a hearing on the petition under its rules governing hearings and proceedings. (4) If the wastewater utility has not filed a petition by the end of the 30-day period, the proposed annual fee is due and payable. (5) During the 30-day period allowed for filing a petition, the wastewater utility may file its completed statement form and pay the annual fee, penalties, and late statement fee. The Commission will accept the statement form, fees, and penalties in accordance with the original due date for that year’s statement form and payment.