OAR 409-065-0020
Waivers
(2) If a mandatory reporter believes they are eligible for a waiver of all or part of the data submission requirements they may request a waiver of reporting requirements by submitting a Cost Growth Target Data Submission Waiver/Extension Request (CGT-3).
(a) Mandatory reporters may submit a CGT-3 form for the following reasons:
(A) To request a partial waiver to the data submission requirements. The request must be submitted no later than 14 calendar days prior to the annual reporting deadline;
(B) To request a waiver of all data submission or validation requirements. The request must be submitted no later than 60 calendar days prior to the applicable deadline.
(b) The Authority must approve or deny the waiver request and provide written notification to the requestor within 14 calendar days of receipt of the request.
(c) If the Authority denies the request, the requestor may appeal the denial by requesting a contested case hearing. The appeal must be filed within 30 calendar days of the denial. The appeal process is conducted pursuant to ORS Chapter 183 (Administrative Procedures Act) and the Attorney General’s Uniform and Model rules of Procedure for the Office of Administrative Hearings, OAR 137-003-0501 (Rules for Office of Administrative Hearings) to 137-003-0700 (Stay Proceeding and Order). The requestor shall have the burden to prove a compelling need for the waiver.
(d) The Authority shall only grant waivers for one data submission cycle at a time.
(3) If a mandatory reporter believes they require a deadline extension they must notify the Authority by submitting a Cost Growth Target Data Submission Waiver/Extension Request (CGT-3).
(a) Mandatory reporters may submit a CGT-3 form for the following reasons:
(A) To request a deadline extension for the data submission. The request must be submitted no later than 14 calendar days prior to the annual reporting deadline; or
(B) To request a deadline extension for data correction, resubmission, or validation requirements. The request must be submitted no later than 7 calendar days after the Authority requests the data correction, resubmission, or validation requirement.
(b) The Authority must approve or deny the deadline extension request and provide written notification to the requestor within 14 calendar days of receipt of the request.
(c) If the Authority denies the request, the requestor may appeal the denial by requesting a contested case hearing. The appeal must be filed within 30 calendar days of the denial. The appeal process is conducted pursuant to ORS Chapter 183 (Administrative Procedures Act) and the Attorney General’s Uniform and Model rules of Procedure for the Office of Administrative Hearings, OAR 137-003-0501 (Rules for Office of Administrative Hearings) to 137-003-0700 (Stay Proceeding and Order). The requestor shall have the burden to prove a compelling need for the exception.
(d) The Authority shall only grant waivers for one data submission cycle at a time.
Source:
Rule 409-065-0020 — Waivers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=409-065-0020.