Procedures and actions for failure to meet periodic review deadlines
(1)Upon good cause shown by a local government, the Director of the Department of Land Conservation and Development may allow the local government an extension of time for submitting a work program or completing a work task. A decision by the director to grant or deny an extension may be referred to the Land Conservation and Development Commission by the director. The Department of Land Conservation and Development or the commission shall not extend the deadline for submitting a work program more than once nor for more than 90 days, and shall not extend the deadline for a work task more than once nor for more than one year.
(2)If a local government fails to submit a work program or to complete a work task by the deadline set by the director or the commission, including any extension that has been granted, the director shall schedule a hearing before the commission. The commission shall issue an order imposing one or more of the following sanctions until the work program or the work task receives final approval by the director or the commission:
(a)Require the local government to apply those portions of the goals and rules to land use decisions as specified in the order. Sanctions may be imposed under this paragraph only when necessary to resolve a specific deficiency identified in the order.
(b)Forfeiture of all or a portion of the grant money received to conduct the review, develop the work program or complete the work task.
(c)Completion of the work program or work task by the department. The commission may require the local government to pay the cost for completion of work performed by the department, following the withholding process set forth in ORS 197.335 (Order for compliance with goals) (4).
(d)Application of such interim measures as the commission deems necessary to ensure compliance with the statewide planning goals.
(3)If the department receives a work program or work task completed in response to a commission order issued under subsection (2) of this section, the director shall evaluate and issue a decision on the work program or work task within 90 days.
(4)Commission action pursuant to subsection (1) or (2) of this section is a final order subject to judicial review in the manner provided in ORS 197.650 (Appeal to Court of Appeals). [1991 c.612 §4; 1999 c.622 §4; 2001 c.527 §2; 2005 c.829 §5]
Section 197.636 — Procedures and actions for failure to meet periodic review deadlines,