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Oregon Bulletin

January 1, 2011

 

Oregon Housing and Community Services Department
Chapter 813

Rule Caption: Allows Department to appoint a representative for contested case hearings on assessed civil penalties.

Adm. Order No.: OHCS 15-2010(Temp)

Filed with Sec. of State: 12-1-2010

Certified to be Effective: 12-1-10 thru 5-29-11

Notice Publication Date:

Rules Adopted: 813-001-0060

Subject: 813-001-0060 Allow an employee to appear on behalf of the Department in contested case hearings conducted by the Department, by the Office of Administrative Hearings or by another agency on civil penalties assessed by the Department against a landlord or owner of a manufactured dwelling park. Establishes actions employee may be involved in during hearing.

Rules Coordinator: Sandy McDonnell—(503) 986-2012

813-001-0060

Lay Representative, Contested Cases Involving Civil Penalty

(1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted by the Department or by the Office of Administrative Hearings on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to section 4, chapter 619, Oregon Laws 2005.

(2) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted before another agency on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to section 4, chapter 619, Oregon Laws 2005.

(3) A representative of the Department under section (1) of this rule may not make legal argument on behalf of the Department, including an argument on any of the following:

(a) The jurisdiction of the Department to hear the contested case;

(b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department or an agency generally; or

(c) The application of court precedent to the facts of the particular contested case proceeding.

(4) A representative of the Department under section (1) of this rule may do any of the following:

(a) Examine and cross-examine witnesses;

(b) Present motions, evidence and factual arguments; and

(c) Present arguments on any of the following matters:

(A) The application of a statute or rule to the facts in the contested case;

(B) Comparison of prior actions of the Department in handling similar situations;

(C) The literal meaning of a statute or rule directly applicable to an issue in the contested case;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

Stat. Auth.: ORS 183.452

Stats. Implemented: ORS 183.452 & 2005 OL ch. 619 sec. 4

Hist.: OHCS 15-2010(Temp), f. & cert. ef. 12-1-10 thru 5-29-11

 

Rule Caption: Clarification of language surrounding selection and processing of standby applications for farmworker housing tax credits.

Adm. Order No.: OHCS 16-2010

Filed with Sec. of State: 12-15-2010

Certified to be Effective: 12-15-10

Notice Publication Date: 11-1-2010

Rules Amended: 813-041-0020

Subject: 813-041-0020(3) Clarification of language surrounding the selection and processing of standby applications by the department.

Rules Coordinator: Sandy McDonnell—(503) 986-2012

813-041-0020

Standby Applications

(1) If the application of a taxpayer under OAR 813-041-0010 is subject to disapproval by the Department solely for the reason that the estimated eligible costs, when aggregated with the estimated eligible costs of all projects approved to that date for the calendar year, exceed the limitation on the total of estimated eligible costs under ORS 315.167, the taxpayer may:

(a) Request reduction of the estimated eligible costs for the project to an amount that, when aggregated with the estimated eligible costs of all projects approved to that date for the calendar year, would not exceed the limitation; or

(b) Request that the Department place the taxpayer on a standby list for future possible eligibility.

(2) Applications on a standby list under this rule are subject to maintenance in any order determined by the Department if they are otherwise determined in the evaluation process to be appropriate for approval.

(3) The Department may select and process a standby application under (2) of this rule for approval whenever credit becomes available. The taxpayer may update the taxpayer’s application as needed within the time provided by the Department.

(4) All outstanding standby applications expire on December 31 of the calendar year of application.

Stat. Auth.: ORS 315.164 - 315.169 & 458.650

Stats Implemented: ORS 315.167

Hist.: OHCS 7-2001(Temp), f. & cert. ef. 12-13-01 thru 6-10-02; OHCS 1-2002(Temp), f. & cert. ef. 3-15-02 thru 6-10-02; OHCS 8-2002, f. & cert. ef. 6-6-02; OHCS 3-2009(Temp), f. & cert. ef. 12-15-09 thru 6-12-10; OHCS 6-2010, f. & cert. ef. 6-10-10; OHCS 8-2010(Temp), f. & cert. ef. 6-17-10 thru 12-13-10; OHCS 16-2010, f. & cert. ef. 12-15-10

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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