justicedao/ipfs_state_laws huggingface dataset:
350-060-0042 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, requests for intervention, preliminary motions, motions to dismiss, 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 1-2003, f. 6-23-03, cert. ef. 8-1-03
350-060-0045 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 party has the right or is required to do some act or take some proceedings within a prescribed period of time after service of 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 1-2003, f. 6-23-03, cert. ef. 8-1-03
350-060-0047 Electronic Filing and Service (1) The Commission allows filing of all documents by electronic mail (email) to the Commission’s Office. All documents shall be emailed to crgc@gorgecommission.org, and shall have a subject heading that clearly identifies the email as filing a document and that clearly identifies the appeal by caption and/or appeal number. The Commission allows email filing even if a party opts out of email service. A party need not file a document by mail if that party has already filed the document by email. (2) All documents may be served by email to parties and persons that do not opt out of email service (see rules below for Notice of Appeal and Notice of Appearance). Parties filing a Notice of Appeal are encouraged to communicate with parties and 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 parties’ and persons’ computers and internet service may display times that vary by several minutes, and have different technological capabilities. Parties and 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 the parties made good faith efforts to communicate about electronic mail service and whether parties 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
350-060-0055 Respondents’ Notice of Appearance Within 14 days after filing of a Notice of Appeal, a respondent shall file at the Commission office and serve a “Notice of Appearance” stating whether the respondent is willing to attempt to resolve the case through alternative dispute resolution means, and whether the respondent opts out of email service of all documents. Note that the respondent must affirmatively opt out of email service. This Notice of Appearance shall not be used to argue merits of 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 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 1-2003, f. 6-23-03, cert. ef. 8-1-03
350-060-0070 Objections to the Record (1) Before filing an objection to the record, a party shall attempt to resolve the matter with the governing body. (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 party filing the objection. The party 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 governing body and attempted to resolve the objection. Objections may be made on the following grounds: (a) The record does not include all materials included as part of the record during the proceedings before the governing body. 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 as part of the record during the proceedings before the governing body. The item(s) not included as part of the record during the proceedings before the governing body shall be specified, as well as the basis for the claim that the item(s) are not part of the record. (c) The minutes do not accurately reflect the proceedings, or the transcripts of the meetings or hearings are incomplete. (3) 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 governing body to produce additional evidence to prove the accuracy of the contested minutes or transcripts. If the evidence regarding contested minutes is in an audiotape recording, a transcript of the relevant portion shall be submitted. (4) The Chair of the Commission may conduct a telephone conference with the parties to consider any objections to the record. (5) 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 declaring the record settled and setting forth the schedule for subsequent events. Unless otherwise provided by the Chair of the Commission, the date of the Chair’s 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 1-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0080 Appellant’s Brief (1) Filing and Service of Brief: The Appellant’s Brief shall be filed at the Commission office and served no later than 30 days after the record is filed, or settled if a party files an objection to the record. Failure to file an Appellant’s Brief within the time required by this section shall result in dismissal of the appeal. (2) Specifications of Brief: The Appellant’s 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 a brief exceeding the 50 page limit is filed without permission, the Chair of the Commission shall notify the author and order a time period in which to submit a revised brief satisfying the 50 pages limit. (c) Have a blue cover page, stating the full title of the proceeding, and the names, addresses and telephone numbers of all parties unrepresented by attorney. If a party is represented by an attorney, the name, address and telephone number of the attorney shall be substituted for the party. An intervenor shall be designated as either appellant or respondent. (d) If there is more than one appellant, the cover page shall specify the appellant(s) 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) State the facts that establish appellant’s standing; (b) Present a clear and concise statement of the case, in the following order, with separate section headings: (A) The nature of the land use decision and the relief sought by the appellant; (B) A summary of the arguments appearing under the assignments of error in the body of the brief; (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. (c) State why the challenged decision is a land use decision subject to the Commission’s jurisdiction; (d) Set forth each assignment of error under a separate heading. Where several assignments of error present essentially the same legal questions, the argument in support of those assignments of error shall be combined; (e) Contain a copy of the challenged decision, including any adopted findings of fact and conclusions of law; (f) Contain a copy of any management plan provisions, comprehensive plan provision, ordinance or other provision of local law cited in the brief, unless the provision is quoted verbatim in the brief. (4) Copies of example Appellant’s briefs are available at the Commission office for parties to review for form. 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
350-060-0090 Special Review (1) Where the appellant contends the land use decision eliminates all economic or beneficial use of the property, the appellant must meet the requirements for the Appellant’s Brief in Rule 350-060-0080 and the requirements for Special Review as follows: (a) Set out the pertinent portions of the ordinance that apply; (b) Describe how the ordinance impacts the use of the property; (c) Attach copies of any documents (maps, deeds, easements, etc.) that are relevant; and (d) Explain why the requested use must be allowed to provide economic or beneficial use of the property. (2) All other parties shall have the opportunity to specifically respond to the appellant’s submittal under this section in their briefs and the Executive Director or his or her designee shall also respond. (3) The Commission, in its "Final Opinion and Order,” shall: (a) Address the subject of economic or beneficial use in its findings of fact and conclusions. (b) Specify the factual and/or legal principles relied on in support of the decision. (c) Where appropriate, propose options for use for the property owner, or other options available to the appellant consistent with the ordinance. (d) Where the Commission finds that enforcement of the land use ordinance will deprive the landowner of all economic or beneficial use of the property, the Commission shall remand the matter to the county for the county to allow a use as provided for by the order of the Commission. The economic or beneficial use allowed shall be the use that on balance best protects the affected resources. This section applies: (A) If the Forest Service or the federal government does not provide just compensation for a Special Management Area designation it made; or (B) For a General Management Area designation made by the Gorge 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 1-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0100 Respondent’s Brief (1) Filing and Service of Brief: Respondents shall file at the Commission office and serve a Respondent’s brief no later than 20 days after the date the Appellant’s Brief is filed. (2) Specifications of Brief: The Respondent’s brief shall conform to the specifications of the Appellant’s Brief, except that the brief shall have a red cover. If there is more than one respondent, the cover page shall specify which respondent is filing the brief. (3) Contents of Brief: (a) The Respondent’s brief shall follow the form prescribed for the Appellant’s Brief. The respondent shall specifically accept the appellant’s statement of the case or shall cite any alleged omissions or inaccuracies therein, and may state additional relevant facts or other matters. The statement shall be in narrative form with citations to the pages of the record where support for the facts alleged can be found. (b) The Respondent shall accept or challenge the appellant’s statement of the Commission’s jurisdiction and the appellant’s statement of standing. The basis for any challenge shall be stated. If the respondent contends that the facts alleged by the appellant in support of standing are not true, the respondent shall specify which allegations are contested. 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
350-060-0110 Reply Brief A reply brief may not be filed. 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 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0130 Motions, Generally and Procedural Orders (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 1-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0170 Amicus Participation (1) A person or organization may appear as amicus only by permission of the Commission on written motion. The motion shall set forth the specific interest of the movant and state reasons why a review of relevant issues would be significantly aided by participation of the amicus. A copy of the motion shall be served on all parties to the proceeding. The motion may include a statement that the amicus party opts out of email service. The Chair of the Commission shall decide motions for amicus participation. (2) Appearance as amicus shall be by brief only, unless the Commission specifically requests oral argument. An amicus brief shall be subject to the same rules as those governing briefs of parties to the appeal and shall be filed and served within the time required for filing respondent’s brief. An amicus brief shall be submitted at the time the respondent’s brief is due unless a later date is authorized by the Chair of the Commission. No filing fee is required. An amicus brief shall have a green cover. 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
350-060-0180 Consolidation The Chair of the Commission, at the request of any party 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 1-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0190 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 all parties, the Commission’s motion or motion of a party. (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 all parties, shall be presumed granted on the date that the motion is filed. The Chair of the Commission shall confirm the extension to the parties. (5) Any other motion for extension of time that is stipulated to by all parties 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 1-2003, f. 6-23-03, cert. ef. 8-1-03 CRGC 2-1994, f. 5-4-94, cert. ef. 5-16-94
350-060-0200 Stays (1) A motion for a stay of a land use decision shall include: (a) A statement setting forth 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 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 evidence presented. Evidence may be attached to the motion in the form of affidavits, documents or other materials, or presented at an evidentiary hearing which may be convened at the discretion of the Chair of the Commission and follow the process in 350-060-0150. 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
350-060-0205 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 upon or without motion by any other party when it appears to the Chair that the Appellant and all intervenors on the side of the Appellant have failed to prosecute the appeal diligently; when the appeal is moot, or any other situation in which continuing the case would be manifestly unjust to the responding parties. The Chair of the Commission shall send a Notice of Intent to Dismiss stating the facts and reason for dismissal. The parties 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 parties 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 parties 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 1-2003, f. 6-23-03, cert. ef. 8-1-03