justicedao/ipfs_state_laws huggingface dataset:
350-010-0030 Adoption and Use of Legal Boundary Descriptions and Maps (1) The Commission adopts the Exterior Boundary, Special Management Areas, and Urban Areas Legal Boundary Descriptions contained in appendices A, B, and C to this rule. (2) The Commission, counties, cities, landowners, and other interested persons shall use the Legal Boundary Descriptions for all planning, decisions, and other actions requiring reliance on the location of the exterior boundary of the National Scenic Area, a boundary of a special management area, or a boundary of an urban area. (3) The Legal Boundary Descriptions have not been monumented or otherwise marked on the ground, except that specific angle points and courses may reference monuments and precise features that existed at the time the Commission adopted the Legal Boundary Descriptions. Landowners that want to monument or otherwise mark the Legal Boundary Descriptions on their property shall use a licensed surveyor to do so. The Commission, counties, landowners, and other interested persons shall not rely on monuments or markings unless a licensed surveyor has placed them. (4) The Commission shall maintain a graphic representation of the Legal Boundary Descriptions. This graphic representation is illustrative only; it is not an official map of the Legal Boundary Descriptions and shall not be relied on for locating the boundaries described in the Legal Boundary Descriptions. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e) Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e) History: CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018 CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17
350-010-0040 Resolving Prior Interpretations The Commission, Commission staff, U.S. Forest Service staff, and surveyors have made prior interpretations of the maps that Congress enacted. These prior interpretations may differ from the Legal Boundary Descriptions. The Legal Boundary Descriptions shall prevail in the event of a difference. Land use claims involving any difference shall be resolved in accordance with the Existing Uses provisions in the applicable county or Commission land use ordinance corresponding to the Existing Uses provisions in Section 7 of the Management Plan. Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e) Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e) History: CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018 CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17
350-010-0050 Natural and Human Management Processes Do Not Affect Exterior, Special Management Area, or Urban Area Boundaries (1) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to natural processes that occur over a long period of time, such as accretion and reliction of rivers and streams or ordinary high water, or as a result of major sudden event, such as an avulsion, flooding, landslide, or earthquake. The exterior boundary, special management area boundary or urban area boundary remains at the location described prior to the event. (2) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to management of the normal pool elevation behind Bonneville and The Dalles dams. The normal pool elevation is as defined by dam operations on November 17, 1986. (3) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to relocation or realignment of linear features, including but not limited to roads and highways, railroads, pipelines, or powerlines, or their associated rights-of-way or easements. A Legal Boundary Description that uses a linear feature means the linear feature as it existed on November 17, 1986, or as otherwise noted in the Legal Boundary Description. (4) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to changes in land management boundaries, including, but not limited to, land use designation, zoning, special district, municipal boundaries and approved urban growth boundaries. A Legal Boundary Description that refers to a land management boundary means the land management boundary as it existed on November 17, 1986, or as otherwise described in the Legal Boundary Description. (5) The location of the exterior boundary, a special management area boundary or an urban area boundary does not shift in response to other changes, including but not limited to, changes in land ownership; changes to, creation of new, or consolidation of tax lots, parcels, subdivisions, short plats, or short subdivisions; or changes to any other reference. A Legal Boundary Description that refers to ownership, tax lot, parcel, subdivision, short plat, or short subdivision or other reference means that reference as it existed on April 1, 2017, or as otherwise described in the Legal Boundary Description (April 1, 2017 is the date this rule first became effective). Statutory/Other Authority: ORS 196.150; RCW 34.97.015; 16 U.S.C. 544b(e) Statutes/Other Implemented: ORS 196.150, RCW 34.97.015 & 16 U.S.C. 544b(e) History: CRGC 2-2018, amend filed 11/19/2018, effective 12/31/2018 CRGC 1-2017, f. 2-27-17, cert. ef. 4-1-17
350-011-0001 Definitions for 350-011-0001 to 350-011-0010 (1) “Decision” means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of the commission is required at any meeting at which a quorum is present. (2) “Executive session” means any meeting or part of a meeting of the commission which is closed to certain persons for deliberation on certain matters. (3) “Commission” means the Columbia River Gorge Commission or any Commission committee which consists of two or more members, with the authority to make decisions for or recommendations to the commission on policy or administration. (4) “Meeting” means the convening of the commission for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. “Meeting” does not include any onsite inspection of any project or program. “Meeting” also does not include the attendance of members of the commission at any national, regional or state association to which the commission or members of the commission belong. Statutory/Other Authority: ORS 196.160 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.160, RCW 43.97.015 & 16 U.S.C. 544 et seq. History: CRGC 1-1998, f. 10-22-98, cert. ef. 11-24-98 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-011-0005 Written Minutes Required; Content; Content of Minutes for Executive Sessions Text available via filing PDF that is stored in ORMS History: CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-011-0007 Meetings by Means of Telephonic or Electronic Communication (1) Any meetings, including an executive session, of the commission which is held through the use of telephone or other electronic communication shall be conducted in accordance with 350-011-0001 to 350-011-0010. (2) When telephone of other electronic means of communication is used and the meeting is not an executive session, the commission shall make available to the public at least one place where the public can listen to the communication at the time it occurs by means of speakers or other devices. The place provided may be a place where no member of the commission is present. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-011-0008 Enforcement of 350-011-0001 to 350-011-0007; Effect of Violation on Validity of Decision of the Commission, Liability of Members (1) Any person affected by a decision of the commission may commence a suit in the circuit court or superior court of the county in which the commission ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of 350-011-0001 to 350-011-0007, by members of the commission, or to determine the applicability of 350-011-0001 to 350-011-0007 to matters or decisions of the commission. The court may order such equitable relief as it deems appropriate in the circumstances. A decision made in violation of 350-011-0001 to 350-011-0007 is voidable. (2) If the court makes a finding that a violation of 350-011-0001 to 350-011-0007 has occurred under subsection (1) of this section and that the violation is the result of wilful misconduct by any member or members of the commission, that member or members shall be jointly and severally liable to the commission for the amount paid by the commission under subsection (1) of this section. (3) Each member of the commission who attends a meeting of the commission where action is taken in violation of any provision of this division, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars. The civil penalty shall be assessed by a judge of the circuit court or superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. (4) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. If the commission prevails in an action in the courts for a violation of this chapter, it may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause. (5) The provisions of this section shall be the exclusive remedy for an alleged violation of 350-011-0001 to 350-011-0007. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 1-1998, f. 10-22-98, cert. ef. 11-24-98 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-011-0009 Prima Facie Evidence of Violation Required of Plaintiff In any suit commenced under 350-011-0008(1), the plaintiff shall be required to present prima facie evidence of a violation of 350-011-0001 to 350-011-0007 before the commission shall be required to prove that its acts in deliberating toward a decision complied with the law. When a plaintiff presents prima facie evidence of a violation of the open meeting law, the burden to prove that the provisions of 350-011-0001 to 350-011-0007 were complied with shall be on the commission. Statutory/Other Authority: ORS 196.160 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.160, RCW 43.97.015 & 16 U.S.C. 544 et seq. History: CRGC 1-1998, f. 10-22-98, cert. ef. 11-24-98 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-011-0010 Smoking in Public Meetings Prohibited Text available via filing PDF that is stored in ORMS History: CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-011-0011 Regular Meetings to Include Time for Public Comment (1) At all regular meetings of the Commission, the Commission shall provide time for public comment for issues not on the Commission’s agenda, and an opportunity for Tribal Nations to address the Commission. (2) The Commission may limit the time for public comment and opportunity for Tribal Nations to address the Commission in a manner that limits time for each speaker, or the number of speakers. (3) The Commission may exclude comment that concerns matters likely to come before the Commission in a hearing where the Commission must disclose ex parte communications and comply with the Washington Appearance of Fairness doctrine. The presiding officer may exclude other comment that is inappropriate. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196150, RCW 43.97.015 & 16 U.S.C. Sec. 544c(b) History: CRGC 1-2008, f. 2-21-08, cert. ef. 4-1-08
350-012-0002 Right to Inspect Public Records Every person has a right to inspect any public record of the commission, except as otherwise expressly provided by 350-012-0008. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-012-0005 Forms of Public Records; Fees (1) The custodian of any public record which a person has a right to inspect shall give the person, on demand, a certified copy of it, if the record is of a nature permitting such copying, or shall furnish reasonable opportunity to inspect or copy. (2) If a public record is maintained in a machine readable or electronic form, the custodian shall provide copies of the public record in the form requested, if available. If the public record is not available in the form requested, it shall be made available in the form in which it is maintained. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 1-1998, f. 10-22-98, cert. ef. 11-24-98 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-012-0006 Fees (1) The Commission will establish a schedule of fees to reimburse it for its actual costs in making such records available except for requests from government agencies and the media, and for routine notices and agendas. This applies to both regular and certified copies of records. (2) If the Commission makes a request available on a partial or installment basis, the Commission may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the Commission is not obligated to fulfill the balance of the request. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06 CRGC 3-2004, f. 4-28-04 cert. ef. 6-1-04 CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 1-1998, f. 10-22-98, cert. ef. 11-24-98 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-012-0007 Fulfilling Requests (1) The Commission shall respond promptly to requests for public records. Within five business days of receiving a public records request, the Commission shall respond by (1) providing the record; (2) acknowledging that the Commission has received the request and providing a reasonable estimate of the time the Commission will require to respond and an estimate of the fees that the requester must pay as a condition of receiving the public records; or (3) denying the public record request. Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the Commission may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the Commission need not respond to the original request. Denials of requests must be accompanied by a written statement of the specific reasons for denial. (2) The Commission shall make public records available on a partial or installment basis as records that are part of a larger set of requested records are assembled or make ready for inspection or disclosure. (3) The Commission shall not deny a request for identifiable public records solely on the basis that the request is overbroad. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2008, f. 2-21-08, cert.ef. 4-1-08 CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06 CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02
350-012-0009 Public Records Officer The Commission’s Executive Director or her appointee shall serve as the Commission’s public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the Commission’s compliance with the public records disclosure requirement of this division. Statutory/Other Authority: ORS 196.150, RCW 43.97.015 & 16 USC 544c(b) Statutes/Other Implemented: ORS 196.150 History: CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06
350-013-0001 Financial Disclosure The members of the commission shall file annual financial disclosure forms with their respective state. History: CRGC 1-2006, f. 3-22-06, cert. ef. 5-1-06 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-014-0002 Application Nothing in these rules is intended to affect: (1) Any other statute or rule requiring disclosure of economic interest by a public official or public employee. (2) Any statute or rule prohibiting or authorizing specific conduct on the part of any public official or public employee. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-014-0004 Declaration of Potential Conflicts, Methods of Handling Potential Conflicts (1) When met with a potential conflict of interest, a public official shall: (a) If the public official is an appointed public official serving on the commission, announce publicly the nature of the potential conflict prior to taking any official action thereon. (b) If the public official is any other appointed official subject to this chapter, notify in writing the person who appointed the public official to office of the nature of the potential conflict, and request that the appointing authority dispose of the matter giving rise to the potential conflict. Upon receipt of the request, the appointing authority shall designate within a reasonable time an alternate to dispose of the matter, or shall direct the official to dispose of the matter in a manner specified by the appointing authority. (2) Nothing in subsection (1) of this section requires any public official to announce a potential conflict of interest more than once on the occasion which the matter out of which the potential conflict arises is discussed or debated. (3) Nothing in this section authorizes a public official to vote if the official is otherwise prohibited from doing so. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-014-0005 Recording of Notice of Potential Conflict; Effect of Failure to Disclose Conflict (1) When a public official gives notice of potential conflict of interest, the potential conflict shall be record in the official records of the public body. (2) No decision or action of any public official or any board or commission on which the public official serves or agency by which the public official is employed shall be voided by any court solely by reason of the failure of the public official to disclose a conflict of interest. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-014-0006 Ex Parte Contact (1) Members of the Commission shall not have ex parte contact, i.e. discussion of specific issues regarding a pending land use permit, with applicants or interested parties seeking a land use permit, or opponents to the permit, while the application or appeal thereto is pending under a land use ordinance for the Scenic Area. (2) Members of the Commission shall place on the record of the appeal or proceedings under these rules any ex parte contact set forth in subsection (1). The Chair or presiding officer shall notify all parties to the appeal or proceeding. The Chair or presiding officer shall consider the position of the parties and, after review of the matter, make a recommendation to the Commission to ensure the appearance of fairness is maintained. The member of the Commission who was the subject of the ex parte contact may voluntarily step down from hearing the matter. The Commission may also request the member of the Commission to participate in the appeal or proceedings or, the member of the Commission step down from hearing the matter. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-1998, f. 10-22-98, cert. ef. 11-24-98
350-014-0007 Appearance of Fairness Members of the Commission shall comply with the appearance of fairness in appeals and proceedings under Rules 350-060 et seq. and Rules 350-070 et seq. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-1998, f. 10-22-98, cert.ef. 11-24-98
350-015-0100 Public Contracting For reasons of efficiency, and to avoid a piecemeal approach to public contracting administration, the Commission shall conduct public contracting in accordance with the public contracting law of the State of Washington. The Commission deems the public contracting law of the State of Washington as a total package to be equivalent in its degree of restrictiveness to the public contracting law of the State of Oregon. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.016 & 16 USC 544c(b) History: CRGC 2-2008, f. 11-4-08, cert. ef. 12-15-08
350-016-0001 Commission Required to Prepare Public Writings in Readable Form (1) The commission shall when reasonable prepare its public writings in simple language with short, precise, affirmative, active-voice sentences. (2) As used in this section, “public writing” means any rule, form, license or notice prepared by the commission. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87