(1) Any person proposing to apply for certification of an investment under ORS 468.461, before making the investment, shall file a request for preliminary certification with the Department of Environmental Quality. The request shall be in a form prescribed by the department. For investments made, the Environmental Quality Commission may waive the filing of the application if it finds the filing inappropriate because special circumstances render the filing unreasonable and if it finds such investment would otherwise qualify for tax credit certification pursuant to ORS 468.451 to 468.491.
(2) Within 30 days of the receipt of a request for preliminary certification, the department may require, as a condition precedent to issuance of a preliminary certificate of approval, the submission of plans and specifications. After examination thereof, the department may request corrections and revisions to the plans and specifications. The department may also require any other information necessary to determine whether the proposed investment is in accordance with the provisions of ORS chapters 459 and 459A and ORS chapters 468, 468A and 468B and applicable rules and standards adopted pursuant thereto.
(3) If the department determines that the proposed investment is in accordance with the provisions of ORS chapters 459 and 459A and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, it shall issue a preliminary certificate approving the investment. If the department determines that the investment does not comply with the provisions of ORS chapters 459 and 459A and ORS chapters 468, 468A and 468B and applicable rules or standards adopted pursuant thereto, the commission shall issue an order denying certification.
(4) If within 60 days of the receipt of plans, specifications or any subsequently requested revisions or corrections to the plans and specifications or any other information required pursuant to this section, the department fails to issue a preliminary certificate of approval and the commission fails to issue an order denying certification, the preliminary certificate shall be considered to have been issued. The investment must comply with the plans, specifications and any corrections or revisions thereto, if any, previously submitted.
(5) Within 20 days from the date of mailing of the order, any person against whom an order is directed pursuant to subsection (3) of this section may demand a hearing. The demand shall be in writing, shall state the grounds for hearing and shall be mailed to the Director of the Department of Environmental Quality. The hearing shall be conducted in accordance with the applicable provisions of ORS chapter 183. [Formerly 468.945]
Section: Previous 468.456 468.458 468.460 468.461 468.465 468.466 468.470 468.471 468.472 468.474 468.475 468.476 468.480 468.481 468.485 NextLast modified: August 7, 2008