justicedao/ipfs_state_laws huggingface dataset:
660-044-0100 Scenario Planning Work Programs As used in this division, a work program must include: (1) A proposed governance structure for regional cooperation: a proposed mechanism for regional cooperation. The governance structure may be an existing metropolitan planning organization, a new regional inter-governmental entity, an intergovernmental agreement for collaboration among local governments, or other mechanism. The governance structure must describe how the entity or entities will make decisions and complete tasks. The governance structure must, at a minimum, include cities and counties and describe how transit providers will be involved in the planning process. (2) A scope of work: A proposed list of tasks to develop scenarios, analyze scenarios, select a preferred scenario, assemble a land use and transportation scenario plan, and amend local plans and ordinances consistent with the land use and transportation scenario plan. (3) A community engagement plan: A community engagement plan with a focus on outreach to and inclusion of underserved populations including community-based conversations. (4) A funding estimate: A general estimate of needs for each city and county to adopt local amendments to implement the selected scenario. The funding estimate must include a schedule of requested amounts in current and future budget periods. (5) A schedule: The work program must include a proposed schedule for submitting the land use and transportation scenario plan and for adopting local amendments to implement the approved preferred land use and transportation scenario. (6) Cities and counties may submit a proposed work program to the department with alternative deadlines to those found in OAR 660-044-0015. (7) The department shall consult with the Oregon Department of Transportation to review the proposed work program. The director may approve the work program or refer the work program to the commission with recommended revisions. (8) If the director refers a proposed work program to the commission under section (7), the commission shall hold a hearing to review the proposed work program and the recommended revisions. The commission may approve the work program or remand the work program with required revisions. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 184.899, ORS 197.012 & ORS 468A.205 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-044-0130 Local Amendments to Implement Approved Land Use and Transportation Scenario Plan (1) Local governments shall amend comprehensive plans, land use regulations, and transportation system plans to be consistent with and implement relevant portions of the land use and transportation scenario plan approved by an order under OAR 660-044-0120. “Consistent” for the purpose of this rule means city and county comprehensive plans and implementing ordinances, on the whole, conform to the purposes of the performance standards in the approved land use and transportation scenario plan. (2) Cities and counties with an approved land use and transportation scenario plan under OAR 660-044-0120 may only adopt amendments to a comprehensive plan, land use regulation, or transportation system plan that are consistent with the approved land use and transportation scenario plan. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.615 & ORS 468A.205 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-045-0000 Purpose The purpose of this division is to establish uniform procedures for citizen-initiated enforcement orders, as provided in ORS 197.319 to 197.335 and 197.646. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0010 Applicability OAR 660-045-0000, 0030 to 0090, and 0160 apply only to enforcement orders requested by a citizen petition in accordance with ORS 197.319; they do not apply to enforcement orders initiated by the Land Conservation and Development Commission in accordance with ORS 197.324(1). OAR 660-045-0020 (definitions), 660-045-0100 to 0150 (on contested-case hearings), and 660-045-0170 to 0180 (on terminating enforcement orders) apply to all types of enforcement orders. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0030 Petitioning for Enforcement (1) A person may petition the commission for an enforcement order against a local government or special district in accordance with ORS 197.319 to 197.335 and 197.646. (2) A person petitioning for enforcement shall do so in accordance with the requirements of ORS 197.319 to 197.335 and this division. (3) The commission may dismiss any petition for enforcement not conducted in accordance with ORS 197.319 to 197.335 and this division. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0050 The Local Government or Special District’s Response to a Citizen’s Request (1) An affected local government or district that receives a citizen’s request for enforcement shall mail the requester a response within 60 days of the date on which the request was mailed. (2) The response shall contain either of the following: (a) A statement that the affected local government or district will take corrective action in response to the request and a description of what that action will be; or (b) A statement that the affected local government or district will not take corrective action and an explanation of its reasons for taking no action. (3) If the affected local government or district will take corrective action, its statement of the intended action must specify the following: (a) How the provisions of any relevant plan, regulation, agreement, or process will be amended; (b) How the provisions of any relevant plan, regulation, agreement, or process will be applied or interpreted differently; (c) Precise citations to the provisions of any plan, regulation, agreement, or process to be amended or applied differently; and (d) The schedule for the action to be taken. (4) If the affected local government or district fails to mail a response within 60 days, that failure shall be construed as a refusal to take corrective action. The requester then may petition the commission for enforcement. The requester shall mail such a petition within 240 days after the original request was mailed to the affected local government or district. (5) If the affected local government or district mails a response to the requester within 60 days, the requester shall evaluate it. (a) If the requester finds the corrective action proposed by the local government or district to be adequate, the requester shall notify the affected local government or district and the department and take no further action toward enforcement. (b) If the requester finds the corrective action proposed by the local government or district to be inadequate, the requester may: (A) Take no further action toward enforcement; (B) Enter into mediation with the affected local government or district; or (C) Petition the commission for enforcement. (6) If the requester receives a response, finds it to be inadequate, and decides to petition for enforcement, the requester must mail the petition to the department within 180 days of the date when the affected local government or district mailed its response to the requester. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0060 Petitioning the Commission to Initiate Enforcement Proceedings (1) A petition for enforcement shall be in the form of a letter to the commission and shall contain these three items: (a) A request for the commission to adopt an enforcement order to secure the corrective action sought in the citizen’s initial request to the affected local government or district; (b) An explanation of why the affected local government or district’s response to the request is not adequate, or a statement that the affected local government or district failed to respond; and (c) A statement of consequences likely to result from the affected local government or district’s refusal to take adequate corrective action. (2) The petition shall be accompanied by copies of the following documents: (a) The request mailed to the affected local government or district; (b) A receipt or certificate showing how and when that request was mailed to the affected local government or district; (c) The affected local government or district’s response (if any) to the request; (d) any maps or photographs that illustrate the type, extent, or location of the alleged noncompliance; (e) Documentation of the noncompliance alleged in the request, including but not limited to the following: (A) Records of noncompliant actions taken by the affected local government or district, such as approvals, permits, rezonings, plan amendments, and amendments of land use regulations; (B) Requirements from the comprehensive plan, land use regulation, special district cooperative agreement, urban growth management agreement, goal, rule, or other regulation or agreement, as described in ORS 197.320(1) to 197.320(10) and 197.646, with which the affected local government or district has not complied. (3) For each record and requirement cited in accordance with paragraphs (2)(e)(A) and (2)(e)(B), the documentation must include copies of the following: (a) The document’s cover or title page (if any); (b) The document’s table of contents (if any); (c) Precise citations to the relevant provisions; and (d) The relevant provisions. (4) The requester must mail an identical copy of the petition, including all documentation, to the affected local government or district. The requester must mail that copy on the same day it mails its petition to the commission. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0070 The Department’s Receipt and Initial Review of a Petition (1) The department shall record the petition’s arrival and review it for completeness and compliance with ORS 197.319 and OAR 660-045-0040 to 0060. (2) If the petition is incomplete, the department may, at its discretion, request additional information from the requester, add such information to the petition, and then accept the petition. (3) If the petition (including any information added under the provisions of Section 2) fails to meet the requirements of ORS 197.319 to 197.324 and this division in a way that substantially prejudices the affected local government or district or is materially deficient, the department shall reject the petition. (4) If the department rejects the petition, the commission shall not consider the petition. (5) If the department rejects the petition, the department shall notify the requester and the affected local government or district of the rejection. The notice of rejection must describe the reasons for the petition’s being rejected. (6) If the petition fully meets the requirements of ORS 197.319 to 197.324 and this division, or if it does not fail to meet them in a way that substantially prejudices the affected local government or district or is materially deficient, the department shall accept the petition. (7) If the department accepts the petition, the department shall notify the requester and the affected local government or district of the acceptance. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0080 The Department’s Actions After Accepting a Petition (1) If the department accepts a petition, the department shall evaluate the alleged noncompliance and prepare recommendations to the commission. (2) In evaluating the alleged noncompliance, the department shall consider these three matters and any others it deems relevant: (a) The noncompliance specified in the citizen’s request to the affected local government or district; (b) The affected local government or district’s response to the request; (c) Facts known to the department or ascertained by its investigation. (3) The department shall prepare recommendations to the commission that include findings on the following three matters and any others the department deems relevant: (a) Whether there is good cause to proceed to a contested-case hearing of the petition; (b) Whether the commission or a hearings officer should conduct the contested-case hearing, if one is to be held; (c) A date for the contested-case hearing, if one is to be held. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0090 The Commission’s Determination of Good Cause to Proceed (1) The commission shall conduct a public hearing to determine whether there is good cause to proceed to a contested-case hearing. (2) Only the department and parties to the proceeding may present testimony during the good-cause hearing described in Section 1. (3) The commission may set limits on the time allowed for testimony at the good-cause hearing. (4) A requester who alleges a pattern or practice of noncompliant decision making may present as evidence of good cause to proceed recent examples of noncompliant decisions made after the requester notified the affected local government or district of the requester’s intent to petition for enforcement. (5) In deciding whether there is good cause to proceed, the commission shall consider the following: (a) The department’s recommendation; (b) The requester’s petition; (c) The citizen’s request notice to the affected local government or district; (d) The affected local government or district’s response to the citizen’s request; (e) Related facts known to or ascertained by the commission; and (f) Any testimony from parties to the enforcement proceeding. (6) The commission shall find that there is good cause to proceed to a contested-case hearing if the information described in Section 5 contains substantial evidence of noncompliance. (7) If the commission finds there is not good cause to proceed, it shall issue an order dismissing the petition and stating its reasons for doing so. A commission order dismissing a petition on grounds that there is not good cause to proceed shall be a final order. If the commission finds there is not good cause to proceed, no contested-case hearing of the petition shall be conducted. (8) If the commission finds there is good cause to proceed, it shall issue a written decision describing the reasons for its decision. (a) The commission may find good cause to proceed on some assertions of noncompliance in a petition, but not on others. (b) The commission may, under its own motion pursuant to ORS 197.324, proceed on related assertions of noncompliance not contained in the petition. (9) If the commission finds there is good cause to proceed, it shall initiate proceedings toward a contested-case hearing, as described in OAR 660-045-0100 to 0120. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0100 Arranging the Contested-Case Hearing (1) A contested-case hearing on a petition for enforcement shall be conducted before a hearings officer appointed by the commission, unless the commission decides to conduct the hearing itself. (2) When a hearings officer conducts a hearing, the commission shall delegate all its authority regarding the contested case to the hearings officer, except for its authority to act on the hearing officer’s proposed order. (3) If the commission decides to have a hearings officer conduct the hearing, the hearings officer shall set a date for that hearing. The act of setting such a date must be done within 45 days of the date when the petition was received by the department. (4) If the commission decides that it will conduct the hearing itself, the department shall set a date for that hearing. The act of setting such a date must be done within 45 days of the date when the petition was received by the department. (5) The commission may delegate to the department the responsibility for appointing a hearings officer. (6) The department shall appoint a hearings officer to preside over pre-hearing matters, including, but not limited to, notice, party and limited party status, discovery, and pre-hearing conferences. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319, 197.320, 197.324 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0110 Notice of the Contested-Case Hearing (1) The department or hearings officer must mail notice of the contested-case hearing to the requester, affected local government or district, mediator (if any), and any other person who has requested notice. (2) The notice required in Section 1 shall contain the following: (a) The date, time, and place of the hearing; (b) A statement of the authority under which the hearing is to be held; (c) A reference to the specific provisions of the statutes and rules involved; (d) A short, plain statement of the matters asserted or charged; (e) A statement that, pursuant to ORS 183.457, parties and limited parties to the proceedings may be represented by an attorney or an authorized representative, subject to the other requirements of ORS 183.457 and OAR 137-003-0008; (f) A statement that the record of the proceeding to date, including information in the agency file or files on the subject of the contested case, will automatically become part of the contested-case record upon default for the purpose of proving a prima facie case (per OAR 137-003-0001(1)(a)); (g) A statement containing the following information about mediation: (A) That mediation is available as an alternative to a contested-case hearing, if requested by both the requester and the affected local government or district; (B) That DLCD will provide mediation services; (C) That choosing to enter into mediation will not affect one’s right to a contested-case hearing if the matter is not resolved through mediation; (D) The date by which both parties must request mediation. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0120 Participation of Parties or Limited Parties in the Contested-Case Hearing (1) Persons interested in the enforcement proceeding may request status as a party or limited party in accordance with OAR 137-003-0005 (“Participation as a Party or Limited Party”). Any such request must be filed with the department at least 21 days before the date of the contested case hearing. The department shall respond to such requests as is specified in OAR 137-003-0005. (2) In accordance with OAR 137-003-0007 (“Agency Participation as Interested Agency or Party”), the department may designate another agency as an interested agency or party. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0130 The Contested-Case Hearing (1) The contested-case hearing shall be conducted in accordance with ORS 183.413 to 183.470 (“Contested Cases”). The hearing also shall be conducted in accordance with the provisions of OAR chapter 137, division 3, Contested Case Proceedings. However, some provisions of OAR chapter 137, division 3, have been modified by commission rules pursuant to OAR chapter 660, division 3, or by this division. In such cases, the commission rules and this division shall apply. (2) Before the hearing begins, the commission or hearings officer shall inform all parties of certain rights, issues, and procedures as required by subsections (2) to (4) of ORS 183.413 and 183.415(7). (3) The commission or hearings officer may conduct a prehearing conference, in conformance with OAR 137-003-0035 (“Prehearing Conferences”). (4) As specified in OAR 660-001-0005(2), parties to the contested-case hearing may be represented in three ways: (a) A party may represent itself. (b) A party may be represented by an attorney. (c) Certain parties may be represented by an authorized representative who is not an attorney. (5) Pursuant to ORS 183.440, parties to the contested case may subpoena witnesses. A party that subpoenas a witness shall pay the fees and mileage of the witness in accordance with ORS 183.440(1) and 44.415(2). Payment shall be made directly to the witness. (6) All discovery through means other than subpoena shall be done in accordance with OAR 137-003-0025 (“Discovery in Contested Cases”). (7) At the hearing, the requester shall recommend whether the enforcement order should include interim measures as specified in ORS 197.335(3)(a) (on interim requirements pending compliance with an order) and ORS 197.335(4) (on withholding grants or state-shared revenues). If the requester recommends that such measures be adopted, the requester must specify precisely what measures it recommends. (8) At the hearing, the affected local government or district shall respond to the requester’s recommendation on interim measures, and shall specify what measures, if any, the affected local government or district recommends. (9) After the hearing and the record have been closed, the commission or hearings officer shall determine whether there is good cause to believe that grounds for enforcement pursuant to ORS 197.320(1) to 197.320(10) or 197.646(3) exist. (10) If it is determined that there is good cause to believe that grounds for enforcement exist, the commission must specify, or the hearings officer must recommend, appropriate corrective action. (11) If it is determined that there is good cause to believe that grounds for enforcement exist, the commission may specify, or the hearings officer may recommend, one or more interim measures, in accordance with the provisions of ORS 197.335(3) and (4). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98