Or. Admin. Code § 125-125-0500

Current through Register Vol. 63, No. 12, December 1, 2024
Section 125-125-0500 - Area Plan Review, Adoption, Amendment, and Repeal Process
(1) The Commission will hold at least one public hearing pursuant to ORS 183.360 to review the draft Area Plan prior to forwarding its recommendations to the Director.
(a) Public hearing notice will be provided at least 14 days preceding the hearing. Additional notice may be provided to known stakeholders and anyone who requests it in writing by whatever method the Department deems necessary or desirable.
(b) A recommendation for approval requires the affirmative vote of not less than a majority of the total membership of the Commission.
(c) The Commission may recommend approval, conditional approval, or substantial revision. This recommendation will be forwarded to the Director, along with statements from the Department and the property-owning agencies indicating agreement or disagreement with the Area Plan and with the Commission's recommendation.
(d) Once hearing(s) have been completed, the Director will approve, conditionally approve, or deny the Area Plan. Any conditions of approval should be made an integral part of the Area Plan prior to its adoption. If the plan is to be approved with a substantial modification not previously considered by the Commission the plan must be referred to the Commission for their reconsideration and recommendation.
(2) Adoption. Adoption of an Area Plan is accomplished by Administrative Rule, following the accepted Permanent Rulemaking Process. Rulemaking hearings regarding Area Plan adoptions will be held by the Commission. Adoptions are listed under Oregon Administrative Rules, Chapter 125.
(3) Amendment and Repeal. An Area Plan is repealed in the same manner it is amended, by Administrative Rule. Similar to adoption, the Commission must hold at least one public hearing prior to taking any action.

Or. Admin. Code § 125-125-0500

DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08; DAS 4-2023, amend filed 09/26/2023, effective 10/1/2023

Statutory/Other Authority: ORS 227.055

Statutes/Other Implemented: ORS 276.056