Oregon Business Development Department
Chapter 123
Division 20
FORMATION OF PORTS
123-020-0140
Review and Commission Approval or Denial
(1) An applicant will not seek, nor will any agency of a county government do either of the following, until such time as the Authority approves the formation of the port:
(a) Conduct a deciding vote on port formation by the governing body of the county; or
(b) Place the question of the port's formation on the ballot of a special or general election.
(2) Upon receipt of a request under OAR 123-020-0010, the Authority will review the submitted materials and may request additional information.
(3) Following its review and receipt of any additional information, the Authority will assemble materials and information along with a summary of the proposed port's advantages and disadvantages relative to OAR 123-020-0015 to 123-020-0030 that may include a recommendation of action.
(4) The Authority will submit a proposal summary and recommendation to the board.
(5) The Authority shall schedule a meeting to consider final approval of the requested port formation. The agenda for this meeting must be publicly available and be sent to the applicant and other interested parties at least 21 days prior to such meeting. The meeting must afford an opportunity for public commentary.
(6) At the meeting described in this rule or a subsequent meeting, the board will formally approve or deny the proposed port's formation, as it deems appropriate.
(7) If the Authority denies a port formation request, it will indicate in writing the reasons and the remedies, if any, that would allow the applicant to be reconsidered.
(8) If formation of the port is approved by the authority.
(a) The Authority will issue a formal declaration of its approval that the Authority will provide to the applicant and to the Chair of the Board of County Commissioners for the respective county or counties; and
(b) The applicant will proceed with and abide by all applicable procedures and requirements under ORS Chapters 198 and 777.
Statutory/Other Authority: ORS 285.075
Statutes/Other Implemented: ORS 285A.627
History:
EDD 13-2009, f. & cert. ef. 10-1-09
Renumbered from 123-020-0040, EDD 14-2004, f. & cert. ef. 8-2-04
EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04
EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04
EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03
EDD 6, f. & ef. 4-30-76