Oregon Statutes 470.100 – Committee review of rejection or approval in different amount; committee appeal to Governor; finality of Governors action
(1) If the Director of the State Department of Energy rejects a loan application or approves a loan amount different than that requested by the applicant, the applicant may request that the Small Scale Local Energy Project Advisory Committee review the director’s action.
Terms Used In Oregon Statutes 470.100
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means an applicant for a loan to construct a small scale local energy project. See Oregon Statutes 470.050
- Committee: means the Small Scale Local Energy Project Advisory Committee created under ORS § 470. See Oregon Statutes 470.050
- Director: means the Director of the State Department of Energy appointed under ORS § 469. See Oregon Statutes 470.050
- Loan: includes the purchase or other acquisition of evidence of indebtedness and money used for the purchase or other acquisition of evidence of indebtedness. See Oregon Statutes 470.050
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Small scale local energy project: means any of the following:
(a) A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly uses or enables the use of, by the applicant or another person, renewable resources including, but not limited to, solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, electricity and substitute fuels, to meet a local community or regional energy need in this state. See Oregon Statutes 470.050
(2) The committee may review the director’s action on its own motion or at the request of the applicant. A majority of the members of the committee may authorize the presiding officer of the committee to appeal the director’s action to the Governor.
(3) An appeal of the director’s action may be initiated by the presiding officer of the committee no later than 45 days after the date the applicant receives notice of the director’s action under ORS § 470.090.
(4) The decision of the Governor is final. If the Governor fails to act within 30 days after receiving the appeal, the appeal shall be considered to be denied.
(5) Notwithstanding ORS Chapter 183, a decision of the director or the Governor on an application for financing under ORS § 470.090 or this section is not subject to judicial review. [1979 c.672 § 6; 2003 c.186 § 59; 2009 c.753 § 59]