reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0220 - Reversal or Remand of Land Use Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0230 - Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0240 - Special Rules for Filing of Appeal After Expiration of Appeal Period

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  c(b);  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0010 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0020 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0030 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. §
											544  c(b) & 16 U.S.C. ¦
				  544m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0042 - Delegation of Authority to the Chair of the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. §
											544  c(b) & 16 U.S.C. ¦
				  544m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0045 - Time

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. §
											544  c(b) & 16 U.S.C. ¦
				  544m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0046 - Electronic Filing and Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. §
											544  c(b) & 16 U.S.C. ¦
				  544m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0047 - Who May Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0060 - Special Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In any development review decision by the Executive Director where the
			 applicant contends the result eliminates all beneficial use of the property,
			 the applicant must request special review as follows:
(a) Make the request in writing.
(b) Set out the pertinent portions of the
			 ordinance that apply;
(c) Describe
			 how the ordinance impacts the use of the property;
(d) Attach copies of any documents (maps,
			 deeds, easements, etc.) that are relevant; and
(e) Explain why the requested use must be
			 allowed to provide economic or beneficial use of the property.
(f) The request for special review shall be
			 served, concurrently with the Notice of Appeal, on the Executive Director and
			 all persons entitled to service of the Notice of Appeal. If a person who was
			 not served with a copy of the request for special review intervenes, then the
			 applicant shall, as soon as possible, serve a copy of the request for special
			 review on the intervenor.
(g) An
			 intervenor shall have the opportunity to specifically respond to the request
			 and any response shall be filed and served within 14 days after the applicant
			 serves the request for special review on the intervenor.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0070 - Record

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0080 - Objections to the Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before filing an objection to the record, a person shall attempt to resolve the
			 matter with the Executive Director.
(2) An objection to the record shall be filed
			 at the Commission office and served within 10 days following service of the
			 record on the person filing the objection. The person filing the objection to
			 the record shall certify that the objection is made in good faith, that the
			 objection is material, that the objection was not made for the purpose of
			 delay, and that he or she has contacted the Executive Director and attempted to
			 resolve the objection. Objections may be made on the following grounds:
(a) The record does not include all materials
			 in the Executive Director's land use application file. The omitted item(s)
			 shall be specified, as well as the basis for the claim that the item(s) are
			 part of the record.
(b) The record
			 contains material not included in the Executive Director's land use application
			 file. The item(s) not included shall be specified, as well as the basis for the
			 claim that the item(s) are not part of the record. A document that is excluded
			 from the record under this subsection may still be submitted to the Commission
			 as otherwise provided in this division.
(c) The minutes or transcripts of meetings or
			 hearings are incomplete or do not accurately reflect the proceedings. An
			 objection on grounds that the minutes or transcripts are incomplete or
			 inaccurate shall demonstrate with particularity how the minutes or transcripts
			 are defective and shall explain with particularity why the defect is material.
			 Upon such demonstration, the Chair of the Commission shall require the
			 Executive Director to produce additional evidence to prove the accuracy of the
			 contested minutes or transcripts. If the evidence regarding contested minutes
			 is an audiotape recording, a transcript of the relevant portion shall be
			 submitted.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0085 - Alternative Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission recognizes: that many of the matters that come
				before the Commission on appeal may be resolved through alternative dispute
				resolution (ADR), such as mediation; that ADR may be a faster and less
				expensive process than appeal pursuant to these rules and beyond to the states'
				courts; that agreements reached through ADR may be more lasting and acceptable
				than a decision on the merits by the Commission or the states' courts; and,
				that ADR is a voluntary process.
(1)
			 If, after reviewing the ADR statements and evaluating the matter itself, the
			 Executive Director believes that ADR may be successful in resolving or
			 partially resolving the matter, then it shall initiate ADR. This subsection
			 shall not be construed to mean that participation in settlement or ADR is
			 mandatory.
(2) Upon motion by any
			 person or her own motion the Chair of the Commission shall place the appeal in
			 abeyance or shall grant all necessary extensions of time to facilitate
			 resolution through settlement or ADR. Should settlement or ADR be unsuccessful,
			 the Chair of the Commission shall reinstate the matter or reset the applicable
			 time periods.
(3) Any oral
			 discussion, written documents, or other record produced exclusively for the
			 purpose of settlement or ADR, whether or not pursuant to this section, shall be
			 confidential and not part of the record on appeal to the Gorge Commission, nor
			 part of the Gorge Commission's record to any reviewing court.
(4) The Commission shall not consider, as a
			 basis for any decision pursuant to this division, a person's decision to not
			 participate in settlement or ADR, or knowledge that the matter was not resolved
			 through settlement or ADR.
(5)
			 Settlement:
(a) If a settlement changes the
			 proposed development or any conditions of approval, the Executive Director
			 shall provide notice of the changes to all persons entitled to receive notice
			 of the original application. If the changes are substantial, then the Executive
			 Director shall conduct a complete review of the changes in the same manner as
			 if the settlement was a new land use application.
(b) When an appeal, or any issue in an
			 appeal, is settled, the Commission shall not be required to review the
			 settlement as a condition of the settlement. The Commission shall not be bound
			 by any terms of the settlement agreement in the instant or future
			 matters.
(c) Upon settlement of a
			 case, the appellant shall dismiss the appeal in accordance with
			 350-070-0225.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0090 - Appellant's Brief

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing and Service of Brief: The appellant shall file at the Commission office
			 and serve an Appellant's Brief within 30 days after the date the record is
			 filed or settled if a party files an objection to the record. The Brief shall
			 also be served on intervenors. Failure by the Appellant to file an Appellant's
			 Brief within the time required by this section shall result in dismissal of the
			 appeal and forfeiture of the filing fee and deposit for costs to the Gorge
			 Commission.
(2) Specifications of
			 Brief: The Brief shall
(a) Begin with a table
			 of contents;
(b) Not exceed 50
			 pages, exclusive of appendices, unless permission for a longer brief is given
			 by the Chair of the Commission. If an Appellant's Brief exceeding the 50 page
			 limit is filed without permission, the Chair of the Commission shall notify the
			 author, and a revised brief satisfying the 50 pages limit shall be filed and
			 served within three (3) days of notification.
(c) Have a blue cover page, stating the full
			 title of the proceeding, and the names, addresses and telephone numbers of the
			 appellant and all intervenors. If any of the above is represented by an
			 attorney, the name, address and telephone number of the attorney shall be
			 substituted.
(d) If there is more
			 than one appellant, the cover page shall specify the appellant(s) that are
			 filing the Brief.
(e) Be
			 typewritten, in 14-point type in a regularly used font such as Times New Roman,
			 Helvetica, or Calibri, and double spaced;
(f) Be signed on the last page by the author.
			 An electronic brief may contain an electronic signature or other generally
			 accepted substitute.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0110 - Response and Reply Briefs

Current through Register Vol. 63, No. 7, July 1, 2024
Response and reply briefs shall not be filed.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0120 - Motions, Generally and Procedural Orders

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this section only, the term "party" shall
				refer to the appellant and any intervenor.
(1) Any party may submit a motion for action
			 by the Chair of the Commission. For matters not otherwise specified by this
			 division, the Chair of the Commission and all parties shall observe the
			 following procedures for submittal and disposition of motions.
(2) A motion shall be filed at the Commission
			 office by mail, email, or personal delivery.
(3) All contested motions shall be filed not
			 less than 21 days prior to the date of the hearing before the Commission,
			 except for good cause. A party seeking to file a motion less than 21 days prior
			 to the hearing shall consult with all parties about the motion and present with
			 the motion, an agreed schedule for responses. The schedule shall leave no less
			 than 7 days prior to the hearing for the Chair of the Commission to issue an
			 order, unless the Chair of the Commission consents to a shorter
			 period.
(4) The movant shall serve
			 a copy of the motion on all of the parties at the same time that the motion is
			 filed and in the same manner as the motion was filed.
(5) Unless otherwise ordered by the Chair of
			 the Commission, any party has 10 days to file a response to a motion, except
			 that no response shall be filed for uncontested motions. The responding party
			 shall serve a copy of the response on all of the parties at the same time that
			 the response is filed and in the same manner that the response was filed. No
			 party may file a reply to the response(s).
(6) Any motion or response to a motion that
			 does not conform to this subsection shall be rejected.
(7) The Chair of the Commission may provide
			 the parties with a copy of an order on a motion by electronic mail to parties
			 that have not opted out of email service.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. §
											544  c(b) &  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0130 - Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission shall send a notice of hearing in accordance with Commission Rule
			 350-016-0009, and shall also include in the Notice of Hearing the due date and
			 procedure for submitting written comments on the appeal, and the procedure that
			 will be used for the hearing.
(2)
			 The Commission shall provide the Notice of Hearing by first class mail to the
			 appellant, all intervenors, and the applicant (if different from the appellant)
			 at least 20 days prior to the hearing. The Commission shall publish notice of
			 the hearing on or before the date the Notice of Hearing is mailed.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0140 - Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearing
			 before the Commission shall be "de novo" but shall include the record submitted
			 by the Executive Director.
(2)
			 Conduct of hearing:
(a) The hearing shall be
			 conducted in the following order:
(A) The
			 Executive Director shall briefly summarize the decision on appeal and any
			 recommendation if different from the decision on appeal;
(B) The appellant shall present its evidence
			 including that of any witnesses;
(C) Any person supporting the appellant shall
			 present his or her testimony and evidence in support of the
			 appellant;
(D) Any person opposing
			 the appellant shall present his or her testimony and evidence opposing the
			 appellant;
(E) Any person who
			 wishes to offer evidence or testify but neither supports nor opposes the
			 appellant shall present his or her testimony.
(F) The Executive Director may respond to the
			 testimony and evidence presented raised by the testimony and evidence presented
			 by the written and oral testimony, including exhibits.
(G) The appellant shall be allowed to present
			 rebuttal evidence limited to the specific issues raised by the testimony and
			 evidence presented by the written and oral testimony, including exhibits, and
			 the Executive Director;
(H) The
			 applicant, if different than the appellant and if an intervenor, shall be
			 allowed to present rebuttal evidence limited to the specific issues raised by
			 the testimony and evidence presented by the written and oral testimony,
			 including exhibits, and the Executive Director.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0150 - Depositions

Current through Register Vol. 63, No. 7, July 1, 2024
On petition of any person, the Chair of the Commission may
				order testimony of any witness to be taken by deposition in the same manner
				prescribed for depositions in civil actions. Depositions may also be taken by
				the use of audio or audio visual recordings. The petition for deposition shall
				set forth:
(1) The name and address of
			 the witness whose testimony is desired;
(2) A showing of relevance and materiality of
			 the testimony;
(3) A request for an
			 order that the testimony of the witness be taken.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0160 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
The Chair of the Commission shall issue subpoenas to any person
				upon written request and upon a showing that the witness or the documents to be
				subpoenaed will provide relevant evidence generally not available without
				subpoena. Subpoenas may also be issued under the signature of the attorney of
				record for a person. Witnesses appearing pursuant to subpoena, other than the
				appellant, any person providing written or oral testimony, or employees of the
				Commission, shall be tendered fees and mileage as prescribed by law for
				witnesses in civil actions. The person requesting the subpoena shall be
				responsible for service of the subpoena and tendering the witness and mileage
				fees to the witness.
Stat. Auth.: ORS 196.15
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0170 - Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 intervene in an appeal proceeding before the Commission. Status as an
			 intervenor shall be recognized upon filing a Notice of Intervention.
(2) Notice of Intervention: In the interests
			 of promoting timely resolution of appeals, a Notice of Intervention shall be
			 filed at the Commission office within 14 days after the Notice of Appeal is
			 filed pursuant to 350-070-0050. The Notice of Intervention (exhibit 2) shall:
(a) State whether the person supports or
			 opposes the appellant, or whether the person neither supports nor opposes the
			 appellant;
(b) Include a brief
			 statement of the reasons for filing the motion for intervention, including
			 citations to the decision and land use ordinance, if different than the reasons
			 set forth in the Notice of Appeal.
(c) Include a brief "Intervenor's ADR
			 Statement" stating whether the intervenor is willing to attempt to participate
			 in resolving the case through negotiation or alternative dispute resolution,
			 such as mediation. This statement shall not be used to argue merits of the
			 appeal.
(d) Be served on the
			 appellant and all other persons who have filed a Notice of
			 Intervention.
(e) If applicable, a
			 statement opting out of email service (note that a person must affirmatively
			 opt out of email service).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0190 - Consolidation

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission, at the request of any person or on its own
				motion, may consolidate two or more proceedings, provided the proceedings seek
				review of the same or closely related land use decision(s).
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0200 - Extensions of Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 no event shall the time limit for the filing of the Notice of Appeal be
			 extended.
(2) All other time limits
			 may be extended upon written consent of the appellant and participants, the
			 Commission's motion, or the motion of the appellant or a participant.
(3) A motion for extension of time shall
			 state the reasons for granting the extension and must be filed and served
			 within the time required for performance of the act for which an extension of
			 time is requested.
(4) A first
			 motion for extension of time for any act, which requests an extension for no
			 greater than 30 days and is stipulated to by the appellant and all intervenors,
			 shall be presumed granted on the date that the motion is filed. The Chair of
			 the Commission shall confirm the extension to the appellant and all
			 intervenors.
(5) Any other motion
			 for extension of time that is stipulated to by the appellant and all
			 intervenors shall be presumed granted for a period of 14 days, or until the
			 Chair issues an order, whichever is earlier. The Chair of the Commission shall
			 issue an order granting or denying the extension, and may modify the
			 request.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. §
											544  c(b) &  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0210 - Stays

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only an
			 appellant or intervenor who would have standing to appeal a land use decision
			 may file a motion for a stay. The movant may file a Notice of Intervention
			 concurrently with the motion for a stay. A motion for a stay of a land use
			 decision shall include:
(a) A statement
			 setting forth the movant's right to standing to appeal the decision;
(b) A statement explaining why the challenged
			 decision is subject to the Commission's jurisdiction;
(c) A statement of facts and reasons for
			 issuing a stay, demonstrating a colorable claim of error in the decision and
			 specifying how the movant will suffer irreparable harm if a stay is not
			 granted;
(d) A suggested expedited
			 briefing schedule;
(e) A copy of
			 the decision under review and copies of all ordinances, resolutions, plans or
			 other documents necessary to show the standards applicable to the decision
			 under review.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0220 - Final Order of Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Final Order of the Commission shall:
(a) Contain the caption of the appeal and
			 state "Final Opinion and Order";
(b) Acknowledge the record and other
			 documents that were present before the Commission, and findings of fact and
			 conclusions of law and/or an incorporation of findings and conclusions from the
			 record below.
(c) Address the
			 Special Review under Rule 350-60-090, where applicable.
(d) Contains findings of fact and conclusions
			 of law or incorporates them from the record below.
(e) Indicate the Commission's
			 decision;
(f) Contain the date of
			 the final order; and
(g) Be signed
			 by the Chair of the Commission.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0225 - Dismissal by the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Voluntary dismissal: The Chair of the
			 Commission shall dismiss an appeal upon motion by the Appellant filed or
			 expressed orally to the Commission prior to an oral decision. The dismissal
			 shall be considered with prejudice and shall be effective on the date it is
			 filed or expressed orally to the Commission.
(2) Involuntary Dismissal: The Chair of the
			 Commission may dismiss an appeal when it appears to the Chair that the
			 Appellant has failed to prosecute the appeal diligently; when the appeal is
			 moot, or any other situation in which continuing the case would be manifestly
			 unjust. The Chair of the Commission shall send a Notice of Intent to Dismiss
			 stating the facts and reason for dismissal. The Appellant and intervenors shall
			 have 10 days to respond to the notice, unless the Notice of Intent to Dismiss
			 specifies a longer time.
(3) The
			 Chair of the Commission shall issue and serve on the Appellant and intervenors
			 an order of dismissal, which shall be an appealable action of the
			 Commission.
(4) When an appeal is
			 dismissed, the Commission shall make no decision on the merits of the appeal.
			 In the event that the Appellant and intervenors have entered into any
			 settlement agreement concerning the issues raised in the appeal, the Commission
			 shall not be bound by any terms of the settlement agreement in the instant or
			 future matters.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015,  16 U.S.C. §
											544  c(b) &  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0230 - Reversal or Remand of Land Use Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 Executive Director upon finding that all of the
			 following criteria are met.
(a) The Executive
			 Director 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
			 Executive Director shall not be required to issue a subsequent land use
			 decision, but if he or she does, then he or she shall agree to address all of
			 the issues raised in the appeal in that subsequent land use decision.
(c) The Executive Director 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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0240 - Special Rules for Filing of Appeal After Expiration of Appeal Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section is
			 intended to prevent manifest injustice that would result by the Executive
			 Director'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 an enforcement action, whether or not any enforcement action
			 is actually undertaken.
(2) If the
			 Executive Director 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 Executive Director'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 Executive Director'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
			 Executive Director 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 Executive Director'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 Executive Director. The Executive
			 Director shall give due consideration to the concerns raised and shall not rely
			 solely on whether the concerns were timely raised. The Executive Director may
			 choose to address that person's concerns administratively.
(7) If the Executive Director does not agree
			 to address the person's concerns administratively 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 350-070-0050, the appellant
			 shall state the relevant facts and argument to establish standing to maintain
			 the appeal.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  c(b),  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0010 - Purposes and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this Land Use Ordinance is to implement the
				Management Plan for the Columbia River Gorge National Scenic Area with
				revisions adopted on April 27, 2004 and concurred with on August 3, 2004, and
				as subsequently amended.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS
				  196.150
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0012 - Affected Area

Current through Register Vol. 63, No. 7, July 1, 2024
Commission Rule 350-081 shall apply to all lands within the
				Columbia River Gorge National Scenic Area as designated by the Columbia River
				Gorge National Scenic Area Act, for which a county does not implement a land
				use ordinance consistent with the Management Plan. Commission Rule 350-081
				becomes effective on July 1, 2005. Those portions of Commission Rule 350-081
				pertaining to the General Management Area shall no longer be effective in a
				county that has adopted and put into effect a land use ordinance which has been
				found to be consistent by the Columbia River Gorge Commission. Those portions
				of Commission Rule 350-081 pertaining to the Special Management Area shall no
				longer be effective in a county that has adopted and put into effect a land use
				ordinance which has been found to be consistent by the Columbia River Gorge
				Commission and concurred with by the Secretary of
				Agriculture.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS
				  196.150