justicedao/ipfs_state_laws huggingface dataset:
350-016-0024 Commission Record for Review (1) Within thirty days after service of a petition for judicial review, or within further time allowed by the court, the commission shall transmit to the court the original or a certified copy of the commission record specified in 350-016-0020. (2) The commission may charge a nonindigent petitioner with the reasonable costs of preparing any necessary copies and transcripts for transmittal to the court. A failure by the petitioner to pay this cost to the commission relieves the commission from the responsibility for preparation of the record and transmittal to the court. For the purposes of this paragraph, a nonindigent person is one whose income is more than 130 percent of the poverty income guidelines published in the Federal Register by the U.S. Department of Health and Human Resources. 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
350-016-0025 Appearance of Fairness Members of the Commission shall comply with Washington’s appearance of fairness doctrine in appeals and proceedings under this rule and 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 1-2002, f. 10-16-02 cert. ef. 12-2-02
350-030-0005 Purpose The purpose of this division is to establish procedures and criteria for enforcement of P.L. 99-663 by the Commission as set forth in section 15 of the Scenic Area Act. 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 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0010 Definitions For the purpose of this division the following definitions apply unless the context requires otherwise: (1) “Commission” means the Columbia River Gorge Commission established by Chapter 499, Washington Laws of 1987 and Chapter 14, Oregon Laws of 1987. (2) “Continuing violation” means continuing activity which violates any law, rule, implementation measure, ordinance or order under P.L. 99-663. For example, continued operation of a rock quarry after receipt of a notice of alleged violation is a continuing violation. (3) “De minimis violation” means a violation of the law that is essentially minor, readily correctable, not repeated and with cooperative parties. (4) “Director” means the Executive Director of the Columbia River Gorge Commission or staff designee. (5) “Implementation measure” means any ordinance, regulation or order adopted by the Columbia River Gorge Commission or a county which carries out the Act, the management plan or a land use ordinance. (6) “Interim guidelines” means the guidelines adopted pursuant to section 10(a) of P.L. 99-663. (7) “Land use ordinance” means any ordinance adopted by a county or the Commission pursuant to P.L. 99-663, and includes any amendment to, revision of, or variance from such ordinance. (8) “Management plan” means the scenic area management plan adopted pursuant to section 6 of P.L. 99-663. (9) “Violation” means failure to comply with any law, rule, implementation measure, ordinance or order under P.L. 99-663. 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 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0015 Civil Penalty (1) Any person who willfully violates any of the following may incur a civil penalty: (a) P.L. 99-663; (b) The management plan; (c) A land use ordinance; (d) An implementation measure; or (e) Any order issued by the Commission or the Director. (2) The Commission may not assess a civil penalty under section 15(a)(3) of P.L. 99-663 unless it provides notice and an opportunity for a public hearing to the person that the Commission alleges to have violated one of the measures listed in subsection (1) of this section. (3) Each day of continuing violation is a separate and distinct violation. 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0020 Investigation (1) The Director shall investigate alleged violations of the measures listed in subsection 1 of 350-30-015 of this Division. (2) The Director may inspect the subject property if necessary to conduct an investigation under subsection (1) of this section. 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0025 De Minimis Violation If the Director believes a violation has occurred but it is of a de minimis nature, readily correctable, not repeated and with cooperative parties, the Director should work with the landowner to resolve the matter through a new development review application, modification or removal of a building or structure, or other appropriate means. The Director shall periodically report to the Commission about resolutions to de minimis violations. 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0030 Notice of Alleged Violation (1) If the violation is not de minimis, the Director shall serve written notice of violation on the alleged violator by personal service or by registered or certified mail. The notice shall include: (a) A plain statement describing the alleged violation; (b) The provision of P.L. 99-663, the management plan, the land use ordinance, the implementation measure or the order alleged to have been violated; (c) The legal and common description of the subject property; (d) The proposed disposition of the matter through either 350-30-050 through 350-30-060 or 350-30-070 including the recommended penalty to be imposed (if any) and the criteria from 350-30-090 upon which the penalty is based; (e) A statement that the alleged violator shall file an answer within 14 days after receipt of the notice of violation; (f) A copy of 350-30-040 which prescribes how to file an answer; and (g) A statement that if resolution is not reached through 350-30-050 through 350-30-060 the Commission will consider the alleged violation at a contested case hearing which may result in the entry of a final order imposing a civil penalty based upon a prima facie case made on the record, whether or not the alleged violator participates. (2) Service shall be deemed complete three days after written notice is mailed to: (a) The alleged violator; or (b) Any person designated by law as competent to receive service of a summons or notice for the alleged violator. (3) Notice sent by registered or certified mail to a person at the last known address of the person is presumed to have reached the person within three days after mailing. 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0040 Answer (1) The alleged violator shall file an answer within 14 days of receipt of a notice of violation but it must be received by the Director within the 14 days allowed. (2) The answer shall agree or disagree with all factual matters and shall affirmatively allege any and all affirmative claims or defenses and the reasoning in support thereof. The answer may include proposed measures for resolution of the matter through 350-030-0050–350-030-0060 or 350-030-0070 and any reason the Commission should modify the penalty recommended. 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 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0050 Resolution through Agreement The Director may seek to resolve or settle a alleged violation. Any proposed resolution must be presented to and approved by the Commission as provided in 350-030-0060. 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 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0060 Hearing on Proposed Resolution through Agreement The hearing shall be conducted using the following procedure: (1) The Director shall provide a brief summary of the nature of the case, the proposed resolution and the key legal issues. (2) The Director shall provide any other information required along with his recommendation. (3) The alleged violator or the alleged violator’s representative shall be given a reasonable opportunity to be present and to address the Commission. (4) The Commission may request further information from the Director or the alleged violator. (5) The Commission shall decide whether to accept, reject or modify the proposed resolution. (6) If rejected, the matter shall be reset for a contested case hearing under 350-30-070. 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0070 Hearing on Contested Case (1) A violation that is not resolved through 350-030-0050 to 350-030-0060 shall be conducted as a contested case. (2) The rules governing the Commission’s administrative procedure (350-016) shall govern the case. 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 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0080 Order (1) The Commission shall issue a final order. The order shall be served by personal delivery or certified or registered mail. If served by mail, the order shall be deemed received three days after mailing. (2) The order shall specify: (a) The resolution of the violation (including any consent decree); (b) Whether a penalty is imposed and the amount of such penalty; and (c) Any other conditions or requirements. (3) The order shall be final for purposes of judicial review. 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0090 Penalty Criteria (1) In determining the amount of a civil penalty, the following factors shall be considered: (a) Whether the person or entity has violated the P.L. 99-663 management plan, a land use ordinance, an implementation measure or an order in the past; (b) Whether the person or entity has undertaken measures to remedy the violation or mitigate harm resulting from the violation; (c) The nature and seriousness of the violation; and (d) Whether the violation is repeated or continuous, or the person or entity has had prior violations. (2) No penalty assessed under this division may exceed $10,000 for each violation. 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 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-030-0100 Summary Order Where an imminent threat exists to resources protected under the law and/or to public health, safety or welfare, the Director may issue a summary order requiring the alleged violator to promptly stop work or take other necessary action pending a notice of alleged violation and a contested case hearing before the Commission under 350-030-0070. 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 2-1995, f. 7-28-95, cert. ef. 9-1-95 CRGC 1-1988, f. 5-16-88, cert. ef. 5-17-88
350-040-0000 Purpose This division specifies the process of the Columbia River Gorge Commission (Commission) for considering minor revisions to the boundaries of any Urban Area. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq History: CRGC 1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0010 Definitions Reserved 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0020 Authority (1) Consideration of requests to revise urban area boundaries is a discretionary action authorized by section 4(f) of the Act. The Act does not entitle a county, or any person or entity, to have the Commission review a request to revise any urban area boundary, and does not contain time requirements for consideration of a request. The Commission may make “minor revisions” to the boundaries of an Urban Area . (2) Three procedural requirements are included in Section 4(f)(1) of the Scenic Area Act: (a) Requests to revise an Urban Area boundary are submitted to the Commission by a county government; (b) The Commission must consult the Secretary of Agriculture before revising an Urban Area boundary; and (c) Two-thirds of the Commission members, including a majority of the members appointed from each state, must approve a revision of an Urban Area boundary. In the event of recusal, the doctrine of necessity shall apply. (3) Section 4(f)(2) of the Scenic Area Act allows the Commission to revise the boundaries of an Urban Area only if the following criteria are satisfied: (a) A demonstrable need exists to accommodate long-range urban population growth requirements or economic needs consistent with the Management Plan; (b) Revision of Urban Area boundaries is consistent with the standards established in Section 6 and the purposes of the Scenic Area Act; (c) Revision of Urban Area boundaries will result in maximum efficiency of land uses within and on the fringe of existing Urban Areas; and (d) Revision of Urban Area boundaries will not result in the significant reduction of agricultural lands, forest lands, or open spaces. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 2-2009, f. 3-17-09, cert. ef. 5-1-09 CRGC 1-2009(Temp), f. & cert. ef. 1-14-09 thru 5-15-09 CRGC 1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0030 Application for Revision Applications to revise the boundaries of any Urban Area shall contain the following information: (1) A statement from the county sponsoring the Urban Area boundary revision, signed by the county commissioners. (2) A statement that the senior-elected or appointed official(s) of any affected municipality or special district were provided notice of the application. (3) A statement that explains why the proposed Urban Area boundary revision is needed. The statement shall describe the anticipated land uses that would occur in the affected area and demonstrate how the proposed revision complies with the criteria in the Scenic Area Act. (4) A map of the area proposed for revision to the existing Urban Area. The map shall be drawn to scale and shall be prepared at a scale of 1 inch equals 200 feet (1:2,400), or a scale providing greater detail. It shall include the following elements: (a) North arrow; (b) Map scale; (c) Boundaries of all parcels within the subject area, with labels showing the name of each property owner and the size of each parcel; (d) Current municipal zoning designations, where applicable; (e) Significant terrain features or landforms; (f) Bodies of water and watercourses; (g) Existing roads and railroads; (h) Existing dwellings and other structures; and (i) Location of existing services, including water systems, sewage systems, and power and telephone lines. (5) For incorporated areas, a map of the current boundary of the municipality. (6) A map of adopted land use designations and zoning for the existing Urban Area. (7) For Oregon applications, a map of currently approved urban growth boundaries. (8) An analysis based on criteria in the Scenic Area Act. (For guidance see Urban Areas Boundary Revisions Handbook, Gorge Commission 1992). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0040 Processing of Application Applications for revision of urban area boundaries shall be reviewed upon receipt and in the order in which they are received, except that the Commission may, as part of its work planning, set a limit on the number of urban area boundary revision applications it will process during the biennium and may set its limit at zero. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-2009, f. 3-17-09, cert. ef. 5-1-09 CRGC 1-2009(Temp), f. & cert. ef. 1-14-09 thru 5-15-09 CRGC 1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0050 Submission and Acceptance of Application (1) A county government shall submit an application to revise the boundary of an Urban Area to the Commission office. Fifteen copies of each application are required after the Executive Director determines the application is complete. Only two copies of the large scale maps are required. (2) The Director shall review the application for completeness and adequacy and notify the applicant in writing of any deficiencies. (3) The Executive Director shall not accept an application as complete until all omissions and deficiencies noted by the Executive Director are corrected. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0055 Work Plan The Commission shall adopt a work plan for each application to revise an urban area boundary. The work plan should contain an estimate of the time and steps needed to review the application, which may vary among applications depending on Commission staffing, budget and resources, and other agency work. At a minimum, the work plan shall include the steps and time periods in sections 060 through 090 in this division. The start date, steps, and time periods shall be set considering commission staffing level, budget and resources, other agency work, and adequate time for public review. The work plan is only an estimate; the Executive Director may require information or procedure not listed in the work plan; skip procedures and information requirements listed in the workplan; or lengthen or shorten time to complete steps in the workplan without permission from the Commission. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11
350-040-0060 Notice of Application (1) The Executive Director shall send electronic or paper notice of the completed application to the U.S. Forest Service-National Scenic Area Office, States of Oregon and Washington, all four Indian tribal governments, the six Gorge county planning offices, appropriate city planning offices, and interested parties who have requested notice. (2) The Executive Director shall publish notice of the application in local Gorge newspapers serving the National Scenic Area as well as a major newspaper in Portland and a major newspaper in Vancouver. (3) The complete application shall be available for inspection at the Commission office during normal office hours. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0065 Public Comment Interested persons shall have no less than 30 days from the date the notice is sent to submit written comments to the Executive Director. Written comments should address whether the proposed amendment is consistent with the purposes and standards of the Scenic Area Act, the criteria in Section 6(h) of the Scenic Area Act and this rule. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 1-1999, f. & cert. ef. 10-14-99
350-040-0070 Report of the Executive Director The Executive Director shall prepare a report analyzing the proposed Urban Area boundary revision, and which may include recommendations. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0080 Hearings (1) The Commission will conduct a hearing on every application accepted as complete by the Director. (2) The Commission shall provide 20 days notice of the hearing to interested parties and the public. (3) The hearing shall take place as follows, noting the Chair may provide specific direction for the conduct of the hearing related to the time allowed for presentations and similar procedural issues: (a) The applicant may present the basis for the urban area boundary revision. (b) Federal, state, county, tribal and other government officials may participate through submission of oral or written comments. (c) The public may participate through submission of oral or written comments. (d) After those who participate in the hearing on behalf of the government or the public are finished, the applicant shall have the opportunity to respond to the comments presented. (e) After all presentations are complete, the Commission shall deliberate on the proposed urban area boundary revisions. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 1-1999, f. & cert. ef. 10-14-99 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92
350-040-0090 Consultation In considering amendments to urban area boundaries, the Gorge Commission shall consult with the Forest Service, both states, the six Gorge counties, all four Indian tribal governments and agencies or organizations that have a specific interest. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-1999, f. & cert. ef. 10-14-99