Or. Admin. R. 123-635-0270 - Local Objection and Relevant Requirements
Respective to a proposed Facility:
(1) For purposes of section (2) of this rule,
a Municipal Corporation may object to preliminary certification through a
formal submission to the Department, but the Department must receive the
objection, a copy of an adopted resolution, and any requisite information,
within 60 days from the date the Department sent a copy of the application for
preliminary certification to the governing body of the Municipal Corporation in
OAR 123-635-0250(2)(b).
Otherwise, the Municipal Corporation is deemed to agree to preliminary
certification.
(2) In order for
the objection to be automatic and not subject to appeal in a contested case,
the objection must take the form of a resolution:
(a) Adopted by the governing body during the
60-day period, in accordance with applicable local laws, government charter and
practices; and
(b) Containing a
statement of the reason(s) for objection under ORS
285C.503(4)(b)
and accompanied by information, as described in subsection (5)(b) or section
(6) of this rule.
(3)
Irrespective of sections (1) and (2) of this rule or the adoption of a
resolution, every Municipal Corporation is encouraged and expected to furnish
timely evidence to the Department, if local officials believe that the proposed
Facility does not satisfy a requirement under ORS
285C.503(5).
(4) Besides entries in the
application, the Department shall rely especially on the Municipal Corporations
in determining whether:
(a) Health insurance
coverage of all Facility employees will be at least equivalent to that of
Municipal Corporation employees, if applicable under ORS
285C.503(5)(d)(B).
(b) Business operations will
meaningfully compete with one or more existing businesses operating locally and
employing persons, who reside in the city, port or county, including
competition for:
(A) Local customers;
(B) Skilled workers or managers
within the local labor pool;
(C)
Other resources or inputs, for which local supplies and accessibility are
critical but scarce or problematic; or
(D) Comparable circumstances, which always
exclude general inter-firm rivalry within the broader marketplace.
(5) If local
competition as described in subsection (4)(b) of this rule is indicated, then
it must be either:
(a) Supported with clear
evidence furnished by the Municipal Corporation, based on which the Department
can independently make a determination under ORS
285C.503(5)(f);
or
(b) Identified by type or basic
nature in the formal statement of objection with a resolution in accordance
with sections (1) and (2) of this rule.
(6) In order for the Department to deny an
application for preliminary certification based on incompatibility with local
growth or development standards, the Municipal Corporation must make a formal
submission in accordance with sections (1) and (2) of this rule that includes a
resolution and information documenting the relevant standards and showing that
they were established in municipal ordinances already in effect when the
business firm submitted the application to the Department.
Notes
Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285C.503
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