OAR 350-016-0070. Petitions Requesting Adoption of Rules

(1) An interested person may petition the Gorge Commission to request the Gorge Commission promulgate, amend, or repeal a rule. Not later than 60 days after the date of submission of a petition, the Gorge Commission shall: (a) Deny the petition in writing stating the reasons for the denial, specifically addressing the concerns raised by the petitioner, and where appropriate the alternative means by which it will address the concerns raised by the petitioner; or (b) Initiate rulemaking proceedings. (2) A petition requesting the Gorge Commission to promulgate a new rule or amend a rule shall contain the proposed text of the rule. (3) The Gorge Commission shall invite public comment on the petition, and shall specifically request public comment on alternatives to the petition for achieving the need expressed in the petition. (4) In reviewing a petition subject to section (1) of this rule, the Gorge Commission shall consider: (a) The continued need for the rule; (b) The nature of complaints or comments received concerning the rule from the public; (c) The complexity of the rule; (d) The extent to which the rule overlaps, duplicates or conflicts with other state rules or federal regulations and, to the extent feasible, with local government regulations; (e) The degree to which technology, economic conditions or other factors have changed in the subject area affected by the rule; and (f) The statutory citation or legal basis for the rule. (5) In petitioning for repeal or amendment of a rule under this section, a person is encouraged to address one or more of the following considerations: (a) Whether the rule is authorized; (b) Whether the rule is needed; (c) Whether the rule conflicts with or duplicates other federal, state, or local laws; (d) Whether alternatives to the rule exist that will serve the same purpose at less cost; (e) Whether the rule applies differently to public and private entities; (f) Whether the rule serves the purposes for which it was adopted; (g) Whether the costs imposed by the rule are unreasonable; (h) Whether the rule is clearly and simply stated; (i) Whether the rule is different than a state or federal statute or regulation applicable to the same activity or subject matter without adequate justification; (j) Whether the rule was adopted according to all applicable provisions of law; (k) The nature of complaints or comments received concerning the rule from the public; (l) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule. (6) A petition to request the Gorge Commission promulgate, amend, or repeal a rule does not apply to the Management Plan required in 16 U.S.C. § 544d or any Gorge Commission ordinance enacted pursuant to 16 U.S.C. §§ 544e(c) or 544f(l).