Action on Complaints
(1)During the review of the annual report described in OAR 410-145-0040 (Review and Evaluation of Annual Report), after receiving a complaint under 410-145-0050 (Complaint Procedure), or on the director’s own in initiative, the director may take one or more of the following actions:
(a)If the director determines that a particular decision or action is not in accordance with the order, or that the parties are engaging in anticompetitive activity not permitted by the order, the director may direct the board of governors to identify and implement corrective action to insure compliance with the order or may modify the order.
(b)If the director determines that the coopera-tive program is engaging in unlawful activity not permitted by the order or is not complying with the directive given under subsection (a) of this section, the director may serve on the cooperative program a proposed order directing the cooperative program to:
(A)Conform with the directive under sub-section (a) of this section; or
(B)Cease and desist from engaging in the activity.
(2)The cooperative program shall have up to 30 days to comply with a proposed order under subsection (1)(b) of this rule, counted from the order’s date of issuance, unless the board of governors demonstrates to the director’s satisfaction that additional time is need for compliance.
(3)If the director determines that the participants in the cooperative program are in substantial noncompliance with the cease and desist directive, the director may seek an appropriate injunction in the circuit courts of Marion or Multnomah Counties.
(4)If the director determines that a sufficient number of goals set forth in OAR 410-145-0010 (Application Procedures)(2)(e) are not being achieved or that the cooperative program is engaging in activity not permitted by the order, the director may suspend or terminate approval for all or part of the activities approved and permitted by the order.
(5)A proposed order to be entered under subsection (1)(b) or section (4) of this rule may be served upon the cooperative program without prior notice. The cooperative program may contest the proposed order by filing a written request for a contested case hearing with the director not later than 20 days following the date of the proposed order. The proposed order shall become final if no request for a hearing is received. Unless inconsis-tent with this section, the provisions of ORS 183.310 (Definitions for chapter)–183.550, as applicable, shall govern the hearing procedure and any judicial review.
(6)The only effect of an order suspending or terminating approval under ORS 442.700 (Definitions for ORS 442.700 to 442.760)–442.760 (Status to contest order) shall be to withdraw the immunities granted under 442.715 (Authorized practices under approved cooperative program)(3) for anticompetitive activity permitted by the order and taken after the effective date of the order.
Rule 410-145-0060 — Action on Complaints,