justicedao/ipfs_state_laws huggingface dataset:
350-060-0210 Final Order of Commission (1) An 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) Indicate whether the decision being reviewed is dismissed, affirmed, reversed or remanded; (e) Contain the date of the final order; (f) Contain a statement of the right to appeal the Commission’s Order in the following or substantially similar form, “NOTICE: You are entitled to judicial review of this order within 60 days of the date of this order, pursuant to section 15(b)(4) of the Scenic Area Act, P.L. 99-663.”; and (g) Be signed by the Chair of the Commission, or his/her delegate. (2) The final order shall be served on all parties. The parties are not afforded an opportunity to comment on the order before it is made final by the Commission. (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. (4) No dissenting opinions by members of the Commission are allowed. (5) For the purpose of calculating the time for judicial review of the Commission’s order, the date of the order shall be the date the order is served on the parties even if that date is later than the date that the order is signed. 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 1-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0220 Reversal or Remand of Land Use Decisions (1) The Commission shall reverse or remand a land use decision for further proceedings when: (a) The governing body exceeded its jurisdiction; (b) The decision is unconstitutional; (c) The decision violates a provision of applicable law and is prohibited as a matter of law; or (d) The decision was clearly erroneous or arbitrary and capricious. (e) The findings are insufficient to support the decision; (f) The decision is not supported by substantial evidence in the whole record; (g) The decision is flawed by procedural errors that prejudice the substantial rights of the appellant(s); (h) The decision improperly construes the applicable law; or (i) A remand is required pursuant to 350-060-0090(3)(d). (2) The Chair of the Commission may grant a stipulated motion for a voluntary remand of a land use decision, or may order a remand upon motion by the governing body upon finding that all of the following criteria are met. When the Chair orders a remand pursuant to this section, it shall remand back to the last local decision maker that issued the appealed decision. (a) The governing body shall either rescind the land use decision that is the subject of the appeal or provide that any new or modified land use decision shall supercede the remanded decision; (b) The governing body shall not be required to issue a subsequent land use decision, but if it does, then it shall agree to address all of the issues raised in the appeal in that subsequent land use decision. (c) The governing body shall follow all applicable notice and review procedures in modifying the remanded decision or issuing a new land use decision. (d) An oral decision of the Commission has not been rendered in the matter. 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 1-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0230 Reconsideration Reconsideration is only permitted as follows: (1) Within ten days of the service of a final order, any party may file a petition for reconsideration, stating the specific grounds upon which relief is requested and serving it on the Gorge Commission and all parties to the appeal. (a) No petition for reconsideration may stay the effectiveness of an order. (b) If a petition for reconsideration is timely filed, the time for filing a petition for judicial review does not commence until the agency disposes of the petition for reconsideration. The agency is deemed to have denied the petition for reconsideration if, within thirty days from the date the petition is filed, the agency does not either: (A) Dispose of the petition; or (B) Serve the parties with a written notice specifying the date by which it will act on the petition. (2) Any party to the appeal may file a response within ten days of service of the petition. (3) The following factors must be present for reconsideration: (a) An error has been made in the decision; and (b) New information is now available concerning the error which through due diligence could not have been acquired earlier. (4) Unless the petition for reconsideration is deemed denied under subsection (a) above, the petition shall be disposed of by the Commissioners who entered the order, if reasonably available. The disposition shall be in the form of a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting the petition and setting the matter for further consideration without oral argument. Granting the petition for reconsideration shall require approval of two-thirds of the Commissioners who made the original decision. Once granted, subsequent dissolution or modification of the original decision/order requires a majority of the Commissioners who made the original decision. (5) The filing of a petition for reconsideration is not a prerequisite for seeking judicial review. An order denying reconsideration, or a notice provided for in subsection (b) of this section is not subject to 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 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0240 Special Rules for Filing of Appeal After Expiration of Appeal Period (1) This section is intended to prevent manifest injustice that would result by a local government’s failure to comply with all procedural requirements such that an interested person was unable to meaningfully participate in a land use decision process. This section shall not be used to redress problems that may be redressed through a county or Gorge Commission enforcement action, whether or not any enforcement action is actually undertaken. (2) If the local government approves a development that is materially different from the proposal described in the notice of development to such a degree that a reasonable person could not have understood the notice of development to describe the local government’s final actions, then an adversely affected person may file an appeal of the decision within 30 days of actual notice of the decision. (3) If the development constructed is materially different from the development allowed in the local government’s decision to such a degree that a reasonable person could not have understood the decision to allow the actual development constructed, then an adversely affected person may file an appeal within 30 days after actual notice of the material difference, or within 30 days after the person reasonably should have known about the material difference, whichever is sooner. (4) If the local government fails to provide notice of the proposed development or a copy of the final decision to a person who is legally entitled to the notice or decision, or has requested to receive the notice or decision, then that person may file an appeal within 30 days after actual notice of the approved development. (5) In no event shall the time for appeal exceed the time period that the local government’s decision is valid. (6) A person intending to file an appeal pursuant to this section shall first attempt to resolve that person’s concern with the local government. The local government shall give due consideration to the concerns raised and shall not rely solely on whether the concerns were timely raised. The local government may choose to allow the person to file an appeal with the local government. (7) If the local government does not allow the appeal to be filed with the local government within 25 days, then the person may file the appeal directly with the Commission. In addition to the requirements for the Notice of Appeal specified in 350-060-0050, the appellant shall file a motion for an evidentiary hearing pursuant to 350-060-0150 to establish standing to maintain the appeal. 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 1-2003, f. 6-23-03, cert. ef. 8-1-03
350-070-0000 Purpose The purpose of this division is to define the process and standards used by the Columbia River Gorge Commission in hearing appeals from decisions relating to the implementation of the Columbia River Gorge National Scenic Area Act ("National Scenic Act" or "Act"). The rule applies to appeals from decisions by the Executive Director under ordinances adopted by the Gorge Commission. This rule is intended to permit the appellant to build a more complete record than was before the Executive Director through briefing, and oral presentation of evidence and argument, and to allow interested persons to participate in that process. 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
350-070-0010 Authority The National Scenic Act authorizes appeals to the Gorge Commission by a person or entity adversely affected by a final action or order, and this includes decisions by the Executive Director under a land use ordinance for a county adopted by the Gorge 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 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
350-070-0020 Scope Scope of Rules: All proceedings commenced by Notice of Appeal shall be governed by these rules. Where this division is silent, divisions 11, 12, 14 and 16 of the Commission’s rules shall be applicable provided that the specific provisions are applied in a manner that does not conflict with the provisions of this division. 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
350-070-0030 Application These rules are intended to promote the efficient review of land use decisions in accordance with the National Scenic Act while affording all interested persons reasonable notice and opportunity to intervene, reasonable time to prepare and submit their cases, and a full and fair hearing. The rules shall be interpreted to carry out these objectives and to promote justice. 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 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
350-070-0040 Definitions In these rules, unless the context or subject matter requires otherwise: (1) “Applicant” means the person who requested that the Executive Director of the Gorge Commission take an action which resulted in a land use decision. (2) “Commission” means the Columbia River Gorge Commission. (3) “Counties” means Multnomah, Hood River and Wasco counties, Oregon, and Clark, Skamania, and Klickitat counties, Washington. (4) “Days” means calendar days. (5) “Executive Director” or “Director” means the director of the Gorge Commission. (6) “File” means to deliver to Commission offices by personal delivery, U.S. Postal mail, or email. Unless otherwise specified, a document shall be considered filed on the date that it is personally delivered, mailed, or emailed. A document that is emailed prior to midnight on the due date shall be considered filed on that due date. (7) “Final decision”: A decision is final when it is reduced to writing and bears the signature of the Executive Director of the Gorge Commission. (8) “Land use decision” means a final decision by the Executive Director based on the National Scenic Act. (9) “Notice” means the Notice of Appeal and refers to the document which must be filed with the Commission in order to begin a review proceeding. (10) “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the Commission. A person shall include the Executive Director of the Gorge Commission in his or her official capacity. (11) “Serve” or “Service” means to send with the United States Postal Service by first class mail or to deliver in person, or to send my email, a copy of the original to all parties, including intervenors. All documents served on the other parties shall include a certification that the document was served on the same date that the document was 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 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
350-070-0042 Delegation of Authority to the Chair of the Commission (1) Where these rules refer to the Chair of the Commission, the Commission has delegated authority to the Chair or presiding officer designated by the Chair to act on those matters for the Commission, including but not limited to, procedural orders on behalf of the Commission relating to case setting, preliminary motions, and other procedural matters. The Chair of the Commission may also act on other matters specified for Commission action when the context indicates action by the Chair of the Commission or when action by the full Commission would be impracticable. (2) The Chair of the Commission shall decide matters without oral argument, unless the Chair desires an oral hearing. The decision of the Chair of the Commission or presiding officer pursuant to this authority shall be final and not reviewable by the full Commission. The Chair of the Commission may also choose, at his or her sole discretion, to bring a matter to the full Commission for decision. 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
350-070-0045 Time (1) Computation: In computing any period of time prescribed or allowed by these rules, the day of the act from which the designated time period begins to run shall not be included and the last day of the time period shall be included. (2) Whenever a person has the right or is required to do some act or take some proceedings within a prescribed period of time after service or a document, and the service of the document is by mail, three (3) days shall be added to the prescribed time period. This does not apply to documents mailed when filing and service is accomplished by email. (3) When a deadline for accomplishing some act under these rules falls on a weekend or legal holiday, the deadline shall be the next business day, and all following deadlines shall be calculated from that deadline. A legal holiday shall be any day in which the United States Postal Service does not deliver mail, or when the Gorge Commission is closed for business. 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
350-070-0046 Electronic Filing and Service (1) The Commission allows filing and service of all documents by electronic mail (email) to the Commission’s Office. All documents to be filed or served shall be emailed to crgc@gorgecommission.org, and shall have a subject heading that clearly identifies the email as filing a document or serving a document and that clearly identifies the appeal by caption and/or appeal number. The Commission allows email filing even if a person opts out of email service. A person need not file a document by mail if that person has already filed the document by email. (2) All documents may be served by email to persons that do not opt out of email service (see rules below for Notice of Appeal and Notice of Appearance). Persons filing a petition for review are encouraged to communicate with persons who are entitled to receive a copy of the Notice of Appeal about electronic service of the Notice of Appeal. (3) The preferred format for filed and served documents shall be a searchable portable document format (.pdf). Color originals available electronically, or easily able to be scanned in color shall be filed and served in color. Requirements for color covers or fastening of documents shall not apply to documents filed or served by email. (4) The Commission understands that persons’ computers and internet service may display times that vary by several minutes, and have different technological capabilities. Persons filing and serving documents by email should communicate with each other to ensure that the documents can be received and read. The Commission will apply the rules in this chapter in the interest of promoting full participation in an appeal, resolving the appeal in an expeditious manner, and to promote justice in disputes concerning email filing and service such as whether a document was timely filed; timely served; should have been filed or served by email; whether and when the document was received; and whether the document was sent in a readable format. In resolving disputes over electronic service, the Commission will consider whether persons made good faith efforts to communicate about electronic mail service and whether persons attempted to resolve the dispute without involving the 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
350-070-0047 Who May Appeal (1) The applicant, any person who submitted a timely written comment on a land use application, or any person entitled under 350-070-0240 may appeal the final decision of an application. (2) Notwithstanding subsection (1) above, any person may participate in the appeal as provided in this division. 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
350-070-0070 Record (1) Contents of Record: The record shall include the following: (a) The final decision including findings of fact and conclusions of law; (b) All evidence, exhibits, maps, documents or other written materials included in the Executive Director's land use application file; photos, maps, and exhibits that were prepared by or presented to the Executive Director in color shall be provided to the Commission in color in the original or certified copy of the record and all duplicate copies of the record; (c) Minutes of any meetings conducted by the Executive Director as required by law. (d) All documents relating to an applicant’s request for special review, including the applicant’s request, the Executive Director’s recommendation, and all documents relied on by the Executive Director in making the recommendation. (e) The Executive Director may retain any audiotape recording, large maps, or exhibits and documents which are difficult to duplicate, until the date of oral argument. The Executive Director shall make these items reasonably available for inspection and duplication by any person during the pendency of the appeal, and shall specify in its filing of the record the procedure for reviewing for these items. (2) Preparation and Service of Record: Within 30 days after the Notice of Appeal is filed, the Executive Director shall prepare and serve a copy of the record, exclusive of audiotape recordings, large maps and other exhibits and documents which are difficult to duplicate, on the appellant and intervenors. The Commission may serve the record to persons in an electronic form to persons not opting out of email service. (3) Specifications of Record: (a) The record shall: (A) Include a cover bearing the title of the case as it appears in the Notice; (B) Begin with a table of contents, listing each item contained therein, and the page of the record where the item begins and listing each audiotape recording, large map or other exhibit or document retained by the Executive Director; (C) Be securely fastened; (D) Have pages numbered consecutively, with the page number at the bottom right-hand corner of each page; (E) Be arranged in inverse chronological order, with the most recent item on top. (3) The Commission may charge persons the cost of duplicating and serving paper copies of the record consistent with the Commission’s public records rule, 350-12. 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