2011 ORS § 517.989¹
Statutes and rules applicable to consolidated application

(1) Except as provided in subsections (2) and (3) of this section, the State Department of Geology and Mineral Industries and all permitting and commenting agencies shall review and take action on a consolidated application in accordance with statutes and rules in effect at the time the notice of intent to submit an application is filed under ORS 517.961 (Notice of intent to submit application).

(2) Subsection (1) of this section shall not apply to a consolidated application if:

(a) An applicant is responsible for unreasonable delays in the processing of the application or fails to make a good faith effort to comply with all requirements for issuance of the permit;

(b) Application of a statute or rule is required under federal law or is a requirement for the state to maintain approval of or delegation of administration of a federal program; or

(c) The department, or a permitting agency or commenting agency, finds that application of a rule is necessary to protect the public from a serious threat to human health or safety.

(3) Subsection (1) of this section shall not apply to rules adopted by the Environmental Quality Commission on or before January 1, 1995. [1995 c.503 §2]