Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
commission may direct, or, upon request of the local government, the director
may authorize, a local government to modify an approved work program when:
(a) Issues of regional or statewide
significance arising out of another local government's periodic review requires
an enhanced level of coordination;
(b) Issues of goal compliance are raised as a
result of completion of a work task resulting in a need to undertake further
review or revisions;
(c) Issues
relating to the organization of the work program, coordination with affected
agencies or persons, or orderly implementation of work tasks result in a need
for further review or revision; or
(d) Issues relating to needed housing,
economic development, transportation, public facilities and services, or
urbanization were omitted from the work program but must be addressed in order
to ensure compliance with the statewide planning goals.
(2) Failure to complete a modified work task
shall constitute failure to complete a work task by the specified deadline,
requiring the director to initiate a hearing before the commission according to
the procedures in section (3).
(3)
If a local government fails to submit its evaluation and work program, a
decision that no work program is necessary, or a work task by the deadline set
by the director or the commission, including any extension, the director shall
schedule a hearing before the commission. The notice must state the date and
location at which the commission will conduct the hearing. The hearing will be
conducted pursuant to OAR 660-025-0085 and as follows:
(a) The director shall notify the local
government in writing that its submittal is past due and that the commission
will conduct a hearing and consider imposing sanctions against the local
government as required by ORS
197.636(2);
(b) The director and the local government may
prepare written statements to the commission addressing the circumstances
causing the local government to miss the deadline and the appropriateness of
any of the sanctions listed in ORS
197.636(2). The
written statements must be filed in a manner and according to a schedule
established by the director;
(c)
The commission shall issue an order imposing one or more of the sanctions
listed in ORS 197.636(2)
until the local government submits its evaluation and work program or its
decision that no work program is required, or its work task required under OAR
660-025-0130, as follows:
(A) Require the
local government to apply those portions of the goals and rules to land use
decisions as specified in an order issued by the commission,
(B) Forfeiture of all or a portion of the
grant money received to conduct the review, develop the work program or
complete the work task,
(C)
Completion of the work program or work task by the department. The commission
may require the local government to pay the cost for completion of work
performed by the department, following the withholding process set forth in ORS
197.335(4),
(D) Application of such interim measures as
the commission deems necessary to ensure compliance with the statewide planning
goals.
Stat. Auth.: ORS
197.040 &
197.633
Stats. Implemented: ORS
197.628 -
197.646
