Area Plan Review, Adoption, Amendment, and Repeal Process
(1)The Capital Projects Advisory Board (CPAB) will hold at least one public hearing pursuant to ORS 183.360 (Publication of rules and orders) to review the draft area plan prior to forwarding its recommendations to the DAS Director.
(a)Public hearing notice will be provided at least 20 days preceding the hearing by placing notice in a local newspaper of general circulation. 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 Board.
(c)The Board may recommend approval, conditional approval, or substantial revision. This recommendation will be forwarded to the DAS Director, along with statements from DAS staff and the landowning agencies indicating agreement or disagreement with the area plan and with the CPAB recommendation.
(d)Once the hearing(s) have been completed, the DAS 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 CPAB, the plan must be referred back to the Board 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 CPAB. Adoptions are listed under Oregon Administrative Rules, Chapter 110.
(3)Amendment and Repeal. An area plan is repealed in the same manner that it is amended, by Administrative Rule. Similar to the adoption, the CPAB must hold at least one public hearing prior to taking action.
Rule 125-125-0500 — Area Plan Review, Adoption, Amendment, and Repeal Process,