Or. Admin. Code § 731-035-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 731-035-0050 - Application Review

(1) The Department will review applications received to determine whether the application is complete and whether the Applicant and the Transportation Project are eligible for Program Funds.

(2) Applicants that meet all of the following criteria are eligible:

(a) The Applicant is a Public Body or Person within the state of Oregon.

(b) The Applicant, if applicable, is current on all state and local taxes, fees and assessments.

(c) The Applicant has sufficient management and financial capacity to complete the project including, without limitation, the ability to contribute 30 percent of the Recipient's Total Project Cost for Applicants other than a Class I railroad, and 50 percent of the Recipient's Total Project Cost for Class I railroads.

(3) Projects that meet all of the following criteria are eligible:

(a) The project is a Transportation Project.

(b) The project will assist in developing a multimodal transportation system that supports state and local government efforts to attract new businesses to Oregon or that keeps and encourages expansion of existing businesses.

(c) The project is eligible for funding with lottery bond proceeds under the Oregon Constitution and laws of the state of Oregon.

(d) The project will not require or rely upon subsidies from the Department for ongoing operations.

(e) The project is not a public road or other project that is eligible for funding from revenues described in section 3a, Article IX of the Oregon Constitution, i.e. the State Highway Trust Fund.

(f) The project is feasible, including the estimated cost of the project, the expected results from the proposed project for each of the considerations as prescribed in 731-035-0060, the project schedule, and all applicable and required permits may be obtained within the project schedule.

(4) If an Applicant or project is deemed to be ineligible for Program Funds, the Department will, within 15 calendar days of that determination:

(a) Notify the Applicant that the application request is ineligible, and

(b) Where the finding of ineligibility is the result of an incomplete application, specify the additional information the Applicant must provide to establish eligibility.

(5) The Department may deem an application ineligible if the Applicant fails to meet eligibility requirements of subsections (2) and (3) of this rule, or fails to provide requested information in writing by the date required by the Department, or if the application contains false or misleading information.

(6) The Director will consider protests of the eligibility determination for the project. Only the Applicant may protest. Protests must be submitted in writing to the Director within 15 calendar days of the event or action that is being protested. The Director's decision is final.

(7) The Department will make all eligible applications available for review, as applicable under OAR 731-035-0060, to the State Aviation Board, the Freight Advisory Committee, the Rail Advisory Committee, the Oregon Business Development Department, ACTs and any other transportation stakeholder and advocate entities identified by the Commission to provide recommendations on project funding.

Or. Admin. Code § 731-035-0050

DOT 8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06; DOT 3-2006, f. & cert. ef. 1-24-06; DOT 5-2007, f. & cert. ef. 11-15-07; DOT 3-2009, f. & cert. ef. 11-17-09; DOT 5-2011, f. & cert. ef. 12-22-11; DOT 3-2015, f. & cert. ef. 12/17/2015; DOT 1-2020, amend filed 01/24/2020, effective 1/24/2020

Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005

Statutes/Other Implemented: ORS 367.080 - 367.086, Ch. 816 OL 2005, Ch. 723, Ch. 765 & Ch. 786 OL 2013