justicedao/ipfs_state_laws huggingface dataset:
350-070-0080 Objections to the Record (1) Before filing an objection to the record, a person shall attempt to resolve the matter with the Executive Director. (2) An objection to the record shall be filed at the Commission office and served within 10 days following service of the record on the person filing the objection. The person filing the objection to the record shall certify that the objection is made in good faith, that the objection is material, that the objection was not made for the purpose of delay, and that he or she has contacted the Executive Director and attempted to resolve the objection. Objections may be made on the following grounds: (a) The record does not include all materials in the Executive Director’s land use application file. The omitted item(s) shall be specified, as well as the basis for the claim that the item(s) are part of the record. (b) The record contains material not included in the Executive Director’s land use application file. The item(s) not included shall be specified, as well as the basis for the claim that the item(s) are not part of the record. A document that is excluded from the record under this subsection may still be submitted to the Commission as otherwise provided in this division. (c) The minutes or transcripts of meetings or hearings are incomplete or do not accurately reflect the proceedings. An objection on grounds that the minutes or transcripts are incomplete or inaccurate shall demonstrate with particularity how the minutes or transcripts are defective and shall explain with particularity why the defect is material. Upon such demonstration, the Chair of the Commission shall require the Executive Director to produce additional evidence to prove the accuracy of the contested minutes or transcripts. If the evidence regarding contested minutes is an audiotape recording, a transcript of the relevant portion shall be submitted. (3) The Chair of the Commission may conduct a telephone conference to consider and resolve any objections to the record. (4) If an objection to the record is filed, the time limits for all further procedures under these rules shall be suspended. When the objection is resolved, the Chair of the Commission shall issue a letter or order settling the record and setting forth the schedule for subsequent events. Unless otherwise provided by the Chair of the Commission, the date of the letter or order shall be deemed the date that the record is settled for purposes of computing subsequent time limits. A letter or an order of the Chair settling the record is not appealable to the full Commission. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0085 Alternative Dispute Resolution The Commission recognizes: that many of the matters that come before the Commission on appeal may be resolved through alternative dispute resolution (ADR), such as mediation; that ADR may be a faster and less expensive process than appeal pursuant to these rules and beyond to the states’ courts; that agreements reached through ADR may be more lasting and acceptable than a decision on the merits by the Commission or the states’ courts; and, that ADR is a voluntary process. (1) If, after reviewing the ADR statements and evaluating the matter itself, the Executive Director believes that ADR may be successful in resolving or partially resolving the matter, then it shall initiate ADR. This subsection shall not be construed to mean that participation in settlement or ADR is mandatory. (2) Upon motion by any person or her own motion the Chair of the Commission shall place the appeal in abeyance or shall grant all necessary extensions of time to facilitate resolution through settlement or ADR. Should settlement or ADR be unsuccessful, the Chair of the Commission shall reinstate the matter or reset the applicable time periods. (3) Any oral discussion, written documents, or other record produced exclusively for the purpose of settlement or ADR, whether or not pursuant to this section, shall be confidential and not part of the record on appeal to the Gorge Commission, nor part of the Gorge Commission’s record to any reviewing court. (4) The Commission shall not consider, as a basis for any decision pursuant to this division, a person’s decision to not participate in settlement or ADR, or knowledge that the matter was not resolved through settlement or ADR. (5) Settlement: (a) If a settlement changes the proposed development or any conditions of approval, the Executive Director shall provide notice of the changes to all persons entitled to receive notice of the original application. If the changes are substantial, then the Executive Director shall conduct a complete review of the changes in the same manner as if the settlement was a new land use application. (b) When an appeal, or any issue in an appeal, is settled, the Commission shall not be required to review the settlement as a condition of the settlement. The Commission shall not be bound by any terms of the settlement agreement in the instant or future matters. (c) Upon settlement of a case, the appellant shall dismiss the appeal in accordance with 350-070-0225. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03
350-070-0090 Appellant’s Brief (1) Filing and Service of Brief: The appellant shall file at the Commission office and serve an Appellant’s Brief within 30 days after the date the record is filed or settled if a party files an objection to the record. The Brief shall also be served on intervenors. Failure by the Appellant to file an Appellant’s Brief within the time required by this section shall result in dismissal of the appeal and forfeiture of the filing fee and deposit for costs to the Gorge Commission. (2) Specifications of Brief: The Brief shall (a) Begin with a table of contents; (b) Not exceed 50 pages, exclusive of appendices, unless permission for a longer brief is given by the Chair of the Commission. If an Appellant’s Brief exceeding the 50 page limit is filed without permission, the Chair of the Commission shall notify the author, and a revised brief satisfying the 50 pages limit shall be filed and served within three (3) days of notification. (c) Have a blue cover page, stating the full title of the proceeding, and the names, addresses and telephone numbers of the appellant and all intervenors. If any of the above is represented by an attorney, the name, address and telephone number of the attorney shall be substituted. (d) If there is more than one appellant, the cover page shall specify the appellant(s) that are filing the Brief. (e) Be typewritten, in 14-point type in a regularly used font such as Times New Roman, Helvetica, or Calibri, and double spaced; (f) Be signed on the last page by the author. An electronic brief may contain an electronic signature or other generally accepted substitute. (3) Contents of Brief: The Appellant’s Brief shall: (a) Present a clear and concise statement of the case, in the following order, with separate section headings: (A) The relief sought by the appellant; (B) A summary of the arguments; (C) A summary of the material facts. The summary shall be in narrative form with citations to the pages of the record where the facts alleged can be found, or other documents that the appellant intends to introduce at the hearing. (b) Set forth each issue under a separate heading. Where several issues present essentially the same legal questions, the argument in support of those issues shall be combined; (c) Contain, each as separate appendices, copies of all management plan provisions, comprehensive plan provisions, and all local state, regional, and federal laws cited in the brief, unless the provision is quoted verbatim in the Brief. (d) Contain, each as separate appendices, copies of any documents and evidence, not contained in the record, that are referred to in the Brief. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0110 Response and Reply Briefs Response and reply briefs shall not be filed. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0120 Motions, Generally and Procedural Orders For the purpose of this section only, the term “party” shall refer to the appellant and any intervenor. (1) Any party may submit a motion for action by the Chair of the Commission. For matters not otherwise specified by this division, the Chair of the Commission and all parties shall observe the following procedures for submittal and disposition of motions. (2) A motion shall be filed at the Commission office by mail, email, or personal delivery. (3) All contested motions shall be filed not less than 21 days prior to the date of the hearing before the Commission, except for good cause. A party seeking to file a motion less than 21 days prior to the hearing shall consult with all parties about the motion and present with the motion, an agreed schedule for responses. The schedule shall leave no less than 7 days prior to the hearing for the Chair of the Commission to issue an order, unless the Chair of the Commission consents to a shorter period. (4) The movant shall serve a copy of the motion on all of the parties at the same time that the motion is filed and in the same manner as the motion was filed. (5) Unless otherwise ordered by the Chair of the Commission, any party has 10 days to file a response to a motion, except that no response shall be filed for uncontested motions. The responding party shall serve a copy of the response on all of the parties at the same time that the response is filed and in the same manner that the response was filed. No party may file a reply to the response(s). (6) Any motion or response to a motion that does not conform to this subsection shall be rejected. (7) The Chair of the Commission may provide the parties with a copy of an order on a motion by electronic mail to parties that have not opted out of email service. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0130 Notice of Hearing (1) The Commission shall send a notice of hearing in accordance with Commission Rule 350-016-0009, and shall also include in the Notice of Hearing the due date and procedure for submitting written comments on the appeal, and the procedure that will be used for the hearing. (2) The Commission shall provide the Notice of Hearing by first class mail to the appellant, all intervenors, and the applicant (if different from the appellant) at least 20 days prior to the hearing. The Commission shall publish notice of the hearing on or before the date the Notice of Hearing is mailed. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0150 Depositions On petition of any person, the Chair of the Commission may order testimony of any witness to be taken by deposition in the same manner prescribed for depositions in civil actions. Depositions may also be taken by the use of audio or audio visual recordings. The petition for deposition shall set forth: (1) The name and address of the witness whose testimony is desired; (2) A showing of relevance and materiality of the testimony; (3) A request for an order that the testimony of the witness be taken. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0160 Subpoenas The Chair of the Commission shall issue subpoenas to any person upon written request and upon a showing that the witness or the documents to be subpoenaed will provide relevant evidence generally not available without subpoena. Subpoenas may also be issued under the signature of the attorney of record for a person. Witnesses appearing pursuant to subpoena, other than the appellant, any person providing written or oral testimony, or employees of the Commission, shall be tendered fees and mileage as prescribed by law for witnesses in civil actions. The person requesting the subpoena shall be responsible for service of the subpoena and tendering the witness and mileage fees to the witness. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0170 Intervention (1) Any person may intervene in an appeal proceeding before the Commission. Status as an intervenor shall be recognized upon filing a Notice of Intervention. (2) Notice of Intervention: In the interests of promoting timely resolution of appeals, a Notice of Intervention shall be filed at the Commission office within 14 days after the Notice of Appeal is filed pursuant to 350-070-0050. The Notice of Intervention (exhibit 2) shall: (a) State whether the person supports or opposes the appellant, or whether the person neither supports nor opposes the appellant; (b) Include a brief statement of the reasons for filing the motion for intervention, including citations to the decision and land use ordinance, if different than the reasons set forth in the Notice of Appeal. (c) Include a brief “Intervenor’s ADR Statement” stating whether the intervenor is willing to attempt to participate in resolving the case through negotiation or alternative dispute resolution, such as mediation. This statement shall not be used to argue merits of the appeal. (d) Be served on the appellant and all other persons who have filed a Notice of Intervention. (e) If applicable, a statement opting out of email service (note that a person must affirmatively opt out of email service). (3) A person who files a Notice of Intervention shall be entitled to receive a copy of all matters that are filed with the Commission. (4) Intervenor’s Brief: (a) An intervenor who supports the Appellant may file a brief, due at the same time as the appellant’s brief, that satisfies the requirements in 350-070-0090, except that the Brief shall be entitled, “Intervenor [NAME]’s Brief in Support of Appellant.” (b) An intervenor who opposes the Appellant may file a brief, due at the same time as the appellant’s brief, that satisfies the requirements in 350-070-0090, except that the Brief shall be entitled, “Intervenor [NAME]’s Brief Opposing Appellant”, and shall have a red cover. [ED NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0190 Consolidation The Commission, at the request of any person or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s). Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0200 Extensions of Time (1) In no event shall the time limit for the filing of the Notice of Appeal be extended. (2) All other time limits may be extended upon written consent of the appellant and participants, the Commission’s motion, or the motion of the appellant or a participant. (3) A motion for extension of time shall state the reasons for granting the extension and must be filed and served within the time required for performance of the act for which an extension of time is requested. (4) A first motion for extension of time for any act, which requests an extension for no greater than 30 days and is stipulated to by the appellant and all intervenors, shall be presumed granted on the date that the motion is filed. The Chair of the Commission shall confirm the extension to the appellant and all intervenors. (5) Any other motion for extension of time that is stipulated to by the appellant and all intervenors shall be presumed granted for a period of 14 days, or until the Chair issues an order, whichever is earlier. The Chair of the Commission shall issue an order granting or denying the extension, and may modify the request. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0210 Stays (1) Only an appellant or intervenor who would have standing to appeal a land use decision may file a motion for a stay. The movant may file a Notice of Intervention concurrently with the motion for a stay. A motion for a stay of a land use decision shall include: (a) A statement setting forth the movant's right to standing to appeal the decision; (b) A statement explaining why the challenged decision is subject to the Commission's jurisdiction; (c) A statement of facts and reasons for issuing a stay, demonstrating a colorable claim of error in the decision and specifying how the movant will suffer irreparable harm if a stay is not granted; (d) A suggested expedited briefing schedule; (e) A copy of the decision under review and copies of all ordinances, resolutions, plans or other documents necessary to show the standards applicable to the decision under review. (2) Unless otherwise ordered by the Chair of the Commission, a response to a motion for a stay of a land use decision shall be filed within 10 days after the motion is filed and shall set forth all matters in opposition to the motion and any facts showing any adverse effect, including an estimate of any monetary damages that will accrue if a stay is granted. (3) The Chair of the Commission shall base a decision on the stay, including the right to a stay, or conditions of any stay order, upon the motion presented. Documents may be attached to the motion in the form of affidavits, maps or other materials, or presented at a hearing which may be convened at the discretion of the Chair of the Commission and follow the process in 350-70-140. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0220 Final Order of Commission (1) A Final Order of the Commission shall: (a) Contain the caption of the appeal and state “Final Opinion and Order”; (b) Acknowledge the record and other documents that were present before the Commission, and findings of fact and conclusions of law and/or an incorporation of findings and conclusions from the record below. (c) Address the Special Review under Rule 350-060-0090, where applicable. (d) Contains findings of fact and conclusions of law or incorporates them from the record below. (e) Indicate the Commission’s decision; (f) Contain the date of the final order; and (g) Be signed by the Chair of the Commission. (2) The order shall be served on all parties. (3) When an order of the Commission becomes final it shall be made available to interested members of the public. The Commission may charge a reasonable fee for copies of its final orders or other orders furnished to members of the public. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 4-1994, f. 12-22-94, cert. ef. 1-23-95 CRGC 4-1993, f. & cert. ef. 8-4-93 CRGC 1-1993(Temp), f. 5-6-93, cert. ef. 6-1-93
350-070-0225 Dismissal by the Commission (1) Voluntary dismissal: The Chair of the Commission shall dismiss an appeal upon motion by the Appellant filed or expressed orally to the Commission prior to an oral decision. The dismissal shall be considered with prejudice and shall be effective on the date it is filed or expressed orally to the Commission. (2) Involuntary Dismissal: The Chair of the Commission may dismiss an appeal when it appears to the Chair that the Appellant has failed to prosecute the appeal diligently; when the appeal is moot, or any other situation in which continuing the case would be manifestly unjust. The Chair of the Commission shall send a Notice of Intent to Dismiss stating the facts and reason for dismissal. The Appellant and intervenors shall have 10 days to respond to the notice, unless the Notice of Intent to Dismiss specifies a longer time. (3) The Chair of the Commission shall issue and serve on the Appellant and intervenors an order of dismissal, which shall be an appealable action of the Commission. (4) When an appeal is dismissed, the Commission shall make no decision on the merits of the appeal. In the event that the Appellant and intervenors have entered into any settlement agreement concerning the issues raised in the appeal, the Commission shall not be bound by any terms of the settlement agreement in the instant or future matters. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 U.S.C. § 544c(b) & 16 U.S.C. § 544m(a)(2) History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2003, f. 6-23-03, cert. ef. 8-1-03