Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 45 - CITIZEN-INITIATED ENFORCEMENT ORDERS
Section 660-045-0090 - The Commission's Determination of Good Cause to Proceed

(1) The commission shall conduct a public hearing to determine whether there is good cause to proceed to a contested-case hearing.

(2) Only the department and parties to the proceeding may present testimony during the good-cause hearing described in Section 1.

(3) The commission may set limits on the time allowed for testimony at the good-cause hearing.

(4) A requester who alleges a pattern or practice of noncompliant decision making may present as evidence of good cause to proceed recent examples of noncompliant decisions made after the requester notified the affected local government or district of the requester's intent to petition for enforcement.

(5) In deciding whether there is good cause to proceed, the commission shall consider the following:

(6) The commission shall find that there is good cause to proceed to a contested-case hearing if the information described in Section 5 contains substantial evidence of noncompliance.

(7) If the commission finds there is not good cause to proceed, it shall issue an order dismissing the petition and stating its reasons for doing so. A commission order dismissing a petition on grounds that there is not good cause to proceed shall be a final order. If the commission finds there is not good cause to proceed, no contested-case hearing of the petition shall be conducted.

(8) If the commission finds there is good cause to proceed, it shall issue a written decision describing the reasons for its decision.

(9) If the commission finds there is good cause to proceed, it shall initiate proceedings toward a contested-case hearing, as described in OAR 660-045-0100 to -0120.