1. (1) If a rebate recipient sells the eligible vehicle for which a rebate was received, or terminates the eligible vehicle’s lease, before the end of 24 months after the purchase or lease date, the rebate recipient must notify DEQ and must reimburse DEQ in a prorated amount based on the number of months that the rebate recipient owned or leased the vehicle.
2. (2) DEQ may waive the reimbursement requirement if DEQ determines a waiver is appropriate given unforeseeable or unavoidable or other appropriate circumstances that gave rise to a need for the rebate recipient to sell the vehicle or terminate the lease before the end of the 24-month period.
3. (3) To request a waiver, a person must submit a written application for a waiver to DEQ after the termination of the lease or sale of the vehicle that includes an explanation of why the person believes the waiver is appropriate.

4. (4) DEQ will consider the following factors in determining whether waiver is appropriate;

   1. (a) the extent to which repayment would be harsh under the circumstances;
   2. (b) the extent to which the rebate recipient appears to be inappropriately taking advantage of the rebate program; or
   3. (c) any other factors that DEQ considers appropriate.
   4. (d) DEQ generally considers waiver appropriate in the following circumstances, unless the factors weigh strongly against a waiver under the individual facts and circumstances: military duty; death of the rebate recipient; and totaling of the eligible vehicle. This is a non-exclusive list.

5. (5) DEQ will provide a written explanation for all rejected waiver applications. If DEQ rejects a waiver application, an applicant may appeal that rejection by:

   1. (a) Providing a written explanation of why the applicant believes that DEQ misapplied the statute or its rules or otherwise improperly rejected the applicant;
   2. (b) Submitting that written explanation by depositing the explanation in the mail, with proper postage, postmarked within 60 days of the date of DEQ’s written rejection; and
   3. (c) Submitting the explanation to the Agency itself.
6. (6) DEQ will respond to an appeal of a rejection in writing as soon as is practicable. DEQ’s response to an appeal is an order in other than a contested case.

Statutory/Other Authority

2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & ORS 468.020

Statutes/Other Implemented

2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37

History

DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020
DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020
DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018