Or. Admin. R. 839-025-0005 - Purpose and Procedure for Determination Requests
(1) A request for a determination as to
whether a project or proposed project is a public works under ORS 279C.817,
must meet the following requirements before it will be considered by the
Bureau:
(a) The request must be in writing and
describe all relevant details of the project or proposed project.
(b) A copy of the request must be sent to any
public agency known to be associated with the project at the time it is
submitted to the Bureau. The request must identify the public agencies
receiving a copy of the request.
(c) In addition to the written request, the
requester must provide all documents, records, and other information necessary
to enable the Bureau to make the determination. This information includes, but
is not limited to, copies of advertisements, project plans and specifications,
development and disposition agreements, contracts, project financing
information, loan agreements, and any other relevant information related to the
project or proposed project. When the requester is not a public agency and
information necessary for a determination is in the custody or control of a
public agency, it is the requester's responsibility to obtain the information
from the public agency and provide it with the request.
(2) The requester has a continuing duty to
provide the Bureau with all relevant documents, records and other information
until a determination is made. If any information submitted in connection with
a request is modified or superseded in any material respect after the request
is made, the requester must promptly submit the updated information to the
Bureau.
(3) The Bureau will inform
the requester if additional documents, records, or other information is
necessary to enable the Bureau to make the determination.
(4) If the Bureau informs a requester that
the Bureau has not received all the documents, records, or other information
necessary to make a determination, the request will remain pending for 90
calendar days. If the Bureau does not receive the information the Bureau deems
necessary to make a determination while the request is pending, the requester
may be required to submit a new request in order to obtain a
determination.
(5) If a requester
fails or refuses to provide documents, records, or other information necessary
to enable the Bureau to make the determination and the Bureau has reasonable
grounds to believe such documents, records, or other information exist, the
Bureau may inform the requester that the Bureau is unable to issue a
determination.
(6) The Bureau's
determination will be issued to the requester, with copies mailed to any public
agencies identified on the request.
(7) The determination will include notice of
the right of the requester, and of any person adversely affected or aggrieved
by the determination, to a hearing in accordance with ORS 183.413 to 183.470 and OAR Ch. 839, div. 50..
(8)
(a) After the Bureau issues a determination,
the requester or any public agency served with a copy of the determination may
request that the Bureau reconsider the determination.
(b) A request for reconsideration must be
received within 15 calendar days of the date the determination was mailed.
Requests must be submitted to the Bureau. A request for reconsideration does
not toll the time period for requesting a contested case hearing on the
determination.
(c) The
reconsideration request must be in writing and include the reason or reasons
for the request and any documents in support of the request.
(d) The Bureau will accept or reject the
request within 15 business days of receipt of the request by the Bureau. If the
Bureau does not accept the request within 15 business days, it is deemed
denied.
Notes
Statutory/Other Authority: ORS 279C.808, ORS 279C.817 & ORS 651.060
Statutes/Other Implemented: ORS 279C.817
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