reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0045 - Pre-Application Conference Required for Quasi-Judicial Plan Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 submitting any application for a quasi-judicial plan amendment to the
			 Management Plan, an applicant shall attend a pre-application conference with
			 the Executive Director.
(2) The
			 applicant shall submit a statement of the proposed change to the land use
			 designation, landscape setting, or recreation intensity class or policy change
			 and the purpose for which the changes are sought. Proposals for quasi-judicial
			 amendments shall include a list of all parcels to which the proposal applies
			 and the names and addresses of the owners of the parcels. The Executive
			 Director may request the applicant submit additional information about the
			 proposal prior to scheduling a pre-application conference.
(3) The Executive Director shall schedule a
			 pre-application conference after the applicant submits all additional
			 information that the Executive Director requests. The Executive Director shall
			 hold the pre-application conference within a reasonable period of time after
			 receipt of the additional information. The Executive Director shall notify the
			 following persons of the pre-application conference:
(a) The applicant;
(b) For quasi-judicial amendments, the owners
			 of all parcels to which the proposal applies;
(c) Representatives of the USDA Forest
			 Service, the county or counties where the subject parcel or parcels are
			 located, the four Indian Tribes with treaty rights in the National Scenic Area,
			 and appropriate state agencies; and,
(d) Any other person the Executive Director
			 believes may have an interest in the proposal or requests notice of the
			 pre-application conference.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0050 - Application for Quasi-Judicial Plan Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications for quasi-judicial plan
			 amendments shall contain the following:
(a)
			 The land use designation, landscape setting, or recreation intensity class the
			 applicant proposes for the subject parcels;
(b) A statement of the applicant's ultimate
			 development proposal;
(c) An
			 explanation why the proposed change to the land use designation, landscape
			 setting, or recreation intensity class is more appropriate for the parcels than
			 the existing designation, and why the proposed change is necessary to
			 accomplish the applicant's ultimate development proposal;
(d) Information identified at the
			 pre-application conference necessary to demonstrate that the proposed plan
			 amendment complies with the purposes and standards of the Act, the provisions
			 in Section 6(h), and this rule;
(e)
			 The names and addresses of all landowners for parcels that are within 200 feet
			 of the boundaries of all parcels to which the proposal applies;
(f) Other information not identified at the
			 pre-application conference, based on content of information already submitted
			 or changes to the proposal; and
(g)
			 The signature of all owners of the parcels to which the proposal applies, or
			 the owners' representatives.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0060 - Processing of Applications and Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications for quasi-judicial
			 amendments shall be reviewed upon receipt and in the order in which they are
			 received, except that the Commission may, as part of its work planning, set a
			 limit on the number of quasi-judicial applications it will process during the
			 biennium and may set its limit at zero. Applications shall be reviewed pursuant
			 to sections 070 through 120 of this division.
(2) The Executive Director shall track
			 requests for legislative amendments. The Commission shall review requested
			 legislative amendments at least once each biennium and determine which, if any,
			 to handle as an application to amend the Management Plan. In determining which
			 legislative amendments to handle, the Commission may consider such factors as:
			 whether the issue has been the subject of appeals, whether the issue has been
			 an implementation problem, whether the issue is a priority of federal, state,
			 local, or tribal governments, and availability of data and resources necessary
			 to analyze the issue. The Commission shall solicit public comment during its
			 work planning concerning legislative amendments to initiate. The decision to
			 initiate a legislative amendment is at the sole discretion of the
			 Commission.
(3) The Executive
			 Director shall process a legislative amendment pursuant to sections 080 through
			 120 of this division.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
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 50 - PLAN AMENDMENT PROCESS › Section 350-050-0070 - Acceptance of Quasi-Judicial Plan Amendment Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Executive Director shall review the
			 application for completeness and notify the applicant in writing of any
			 deficiencies, and any additional information that is required as provided in
			 350-50-050(1)(f).
(2) The Executive
			 Director shall not accept an application as complete until the applicant
			 corrects all deficiencies and submits all additional information noted by the
			 Executive Director.
(3) The
			 applicant shall submit 15 copies of the application after the Executive
			 Director determines the application is complete.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
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 50 - PLAN AMENDMENT PROCESS › Section 350-050-0080 - Notice of Application for Quasi-Judicial Plan Amendment or Proposal for Legislative Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Executive Director shall send public notice of a quasi-judicial plan amendment
			 or a proposal for a legislative amendment to the U.S. Forest Service - National
			 Scenic Area Office; appropriate state agencies; all four Indian tribal
			 governments; the six Gorge county planning offices,; interested parties who
			 have requested notice; and for quasi-judicial applications, all landowners
			 within 200 feet of the boundaries of all parcels to which the proposal applies.
			 The notice shall specify the due date for comment.
(2) The Executive Director shall publish
			 notice of a quasi-judicial plan amendment application in a newspaper serving
			 the community where the parcels to which the proposal would apply are located.
			 The Executive Director shall publish notice of a legislative plan amendment
			 proposal in one or more local newspapers serving the geographic area(s) that
			 the amendment would affect.
(3) For
			 all plan amendments, the Executive Director shall give electronic notice to all
			 persons that receive electronic notice of commission meetings.
(4) The complete application or proposal
			 shall be available for inspection at the Commission office during normal office
			 hours.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
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 50 - PLAN AMENDMENT PROCESS › Section 350-050-0085 - Public Comment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Interested persons may submit written comments to the Executive Director within
			 the time specified in the notice. Written comments should address whether the
			 proposed amendment is consistent with the purposes and standards of the Scenic
			 Area Act, the criteria in Section 6(h) of the Scenic Area Act and this
			 rule.
(2) The Commission shall
			 provide copies of the written comments submitted during the comment period to
			 the applicant prior to or with the staff report to enable the applicant to
			 address the comments at the hearing.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
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 50 - PLAN AMENDMENT PROCESS › Section 350-050-0090 - Report of the Executive Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Executive Director shall prepare a
			 staff report, which may include recommendations. The report will analyze the
			 proposed amendment based on the criteria of the Scenic Area Act and Rule
			 350-50-030.
(2) For legislative
			 amendments, the Executive Director shall include recommended plan amendment
			 language in the staff report.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
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 50 - PLAN AMENDMENT PROCESS › Section 350-050-0100 - Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 shall conduct a hearing on the proposed plan amendment after the Executive
			 Director issues the report and there has been a minimum of 30 days for public
			 review of the report.
(2) The
			 Commission shall provide 20 days notice of the hearing to all persons who
			 received the notice of a quasi-judicial plan amendment application, and any
			 person who submitted comment on the application. The notice of the proposed
			 plan amendment may include the notice of hearing.
(3) The hearing shall take place as follows,
			 noting the Chair may provide specific direction for the conduct of the hearing
			 related to the time allowed for presentations and similar procedural issues.
(a) The Executive Director shall present the
			 staff report. The Commission may ask questions concerning the staff
			 report.
(b) The applicant for a
			 quasi-judicial plan amendment shall present the proposed plan
			 amendment.
(c) Interested persons
			 may present oral or written comments.
(d) Following testimony from interested
			 persons, the applicant shall have the opportunity to respond to the comments
			 presented.
(e) After all
			 presentations are complete, the Chair shall close the public hearing, and the
			 Commission shall deliberate and vote on the proposed plan amendment.
(f) The Commission may attach conditions of
			 approval necessary to ensure the proposed plan amendment complies with the
			 criteria for approval.
(g) The
			 Commission shall determine if the amendment as approved is mandatory for
			 counties to adopt into their land use ordinances. Unless otherwise specified by
			 the Commission, amendments to county land use ordinances shall follow the
			 procedures established in Sections 7 and 8 of the Scenic Area Act (16 U.S.C. §
										544  e and 544f).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0120 - Review by the Secretary of Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
In accord with Sections 6(f) and 6(h) of the Scenic Area Act,
				an amendment to the Management Plan adopted by the Commission shall be
				submitted to the Secretary of Agriculture. The Secretary of Agriculture will
				review the amendment and determine if it is consistent with the purposes and
				standards of the Scenic Area Act. The Secretary has 90 days from the day the
				Commission submits an amendment to complete review and make a determination of
				concurrence or non-concurrence.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0000 - 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 under a county ordinance consistent with the
				Act.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0010 - 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
				of a county.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0020 - 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 (b)  et seq. 16, U.S.C. §
											544m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0030 - 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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0040 - 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 governing body 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) "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.
(6) "Final decision": A
			 decision is final when it is reduced to writing and bears the necessary
			 signatures of the governing body decisionmaker(s).
(7) "Governing body" means a county governing
			 body.
(8) "Land use decision" means
			 a final decision by the governing body of a county in the National Scenic Area
			 based on the National Scenic Act.
(9) "Notice" means the Notice of Appeal and
			 refers to the document that must be filed with the Commission in order to begin
			 an appeal.
(10) "Party" means the
			 appellant, the governing body, the applicant (if different than the appellant),
			 and any intervenor.
(11) "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.
(12) "Serve" or "Service" means to send with
			 the United States Postal Service by first class mail or to deliver in person,
			 or to send by email, a copy of the original to all parties, including
			 intervenors and persons who have a pending motion to intervene before the
			 Commission. 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. (
Exhibit 4
).
Exhibits referenced are available from the
				  agency.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0042 - 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, 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.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0045 - 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 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.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0047 - Electronic Filing and Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0055 - Respondents' Notice of Appearance

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0060 - Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contents of
			 Record: The record on appeal from a governing body shall include the following:
(a) The final decision including findings of
			 fact and conclusions of law;
(b)
			 All testimony and all exhibits, maps, documents or other written materials
			 included as part of the record during the course of the governing body's
			 proceeding.
(c) Photos, maps, and
			 exhibits that were presented to the governing body in color shall be provided
			 to the Commission in color in the original or certified copy of the
			 record;
(d) Minutes of the meetings
			 conducted by the governing body as required by law. A verbatim transcript of
			 audiotape recordings shall not be required, but if a transcript has been
			 prepared, it shall be included.
(e)
			 The governing body may retain the audiotape recording, any large maps, or
			 exhibits and documents which are difficult to duplicate, until the date of oral
			 argument. The governing body shall make these items reasonably available for
			 inspection and duplication by the parties during the pendency of the appeal,
			 and shall specify in its filing of the record the available times and procedure
			 for reviewing for these items.
(f)
			 The Gorge Commission encourages parties to stipulate to a shortened record.
(A) A shortened record may eliminate
			 duplicates of documents, letters that do not include substantive information,
			 documents related to issues that are not being appealed, or other documents
			 that the parties do not believe are necessary for the Gorge Commission to
			 decide the issues raised in the appeal.
(B) Notwithstanding subsection (2)(A) above,
			 a shortened record shall include the documents referred to in subsections
			 (1)(a) and (d) above, and any document submitted in a shortened record shall
			 comply with subsection (1)(c) and (e) above.
(C) A shortened record may be submitted only
			 as agreed upon by all parties. The record shall contain any document that one
			 or more parties desires to include in the record.
(D) Any party that desires to refer to a
			 document that was eliminated by agreement of the parties in a shortened record
			 may at any time file at the Commission office and serve a motion to supplement
			 the record with that document, and shall include the document as part of its
			 motion. A motion to supplement the record under this section shall comply with
			 350-60-130.
(E) The shortened
			 record shall be considered the complete record before the Gorge Commission for
			 the purpose of any judicial review of the Gorge Commission's
			 decision.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0070 - Objections to the Record

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0080 - Appellant's Brief

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0090 - Special Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0100 - Respondent's Brief

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0110 - Reply Brief

Current through Register Vol. 63, No. 7, July 1, 2024
A reply brief may not be filed.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0120 - Oral Argument

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 hearing before the Commission shall be on the record submitted by the county,
			 as long as the county has based its decision upon a record made at an
			 adjudicative hearing open to participation by persons adversely affected or
			 aggrieved. Only parties who have submitted briefs shall be allowed to present
			 oral argument to the Commission.
(2) If the county did not base its decision
			 upon a record made in an adjudicated hearing open to participation by persons
			 adversely affected or aggrieved, then anyone adversely affected or aggrieved
			 may participate in a hearing before the Commission.
(3) If a party waives the right to present
			 oral argument, the Commission shall consider the case based on that party's
			 brief and the brief and oral arguments presented by other parties. The parties
			 may, with consent of the Commission, stipulate to submit a case to the
			 Commission on briefs without oral argument.
(4) The Commission shall inform the parties
			 of the time and place of oral argument. Unless the Commission otherwise orders,
			 the procedure for oral argument shall be as follows:
(a) Members of the Commission shall have an
			 opportunity to ask questions that they wish the parties to address in their
			 oral arguments.
(b) The
			 appellant(s) shall be allowed 20 minutes for oral argument, which may be
			 divided between the initial presentation and rebuttal, and which shall be
			 uninterrupted by questions asked by members of the Commission. Multiple
			 appellants shall share the twenty minutes for argument.
(c) The respondent(s) shall be allowed 20
			 minutes to respond, which shall be uninterrupted by questions asked by members
			 of the Commission. Multiple respondents shall share the twenty minutes for
			 argument.
(d) After the parties'
			 uninterrupted arguments, members of the Commission may ask brief questions of
			 the parties concerning the facts of the case, the arguments made, and
			 applicable law. Appellant(s) and respondent(s) shall each have 2 minutes to
			 answer each question, except that the Chair may allow a longer time provided
			 that both sides are afforded the same time to answer the question. Multiple
			 petitioners or respondents shall share the allotted time to answer a
			 question.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0130 - Motions, Generally and Procedural Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0150 - Evidentiary Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Grounds for Hearing: The Commission may, upon written motion, conduct an
			 evidentiary hearing in the case of disputed allegations in the parties' briefs
			 concerning standing, ex parte contacts or other procedural irregularities not
			 shown in the record and which, if proved, would warrant reversal or remand of
			 the decision. An evidentiary hearing may also be held upon motion or at the
			 direction of the Commission to consider disputes regarding the content of the
			 record or requests for stays.
(2)
			 Motions for Hearings: A motion for an evidentiary hearing shall be filed at the
			 Commission office and served on all parties at least 60 days in advance of oral
			 argument, or less upon a demonstration of good cause. The motion shall contain
			 a statement explaining with particularity what facts the moving party will
			 present at the hearing and how those facts will affect the outcome of the
			 review proceeding. Whenever possible such facts shall be presented by affidavit
			 with the motion.
(3) Conduct of
			 hearing:
(a) Insofar as the Commission finds
			 it practical, the hearing shall be conducted in the following order:
(A) The moving party shall present its
			 evidence including that of any witnesses;
(B) The other party(ies) shall have the
			 opportunity to present evidence disputing that of the moving party;
(C) The moving party shall present rebuttal
			 evidence;
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0160 - Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Standing to
			 Intervene: Any person who appeared before the county may intervene in a review
			 proceeding before the Commission. An intervenor shall be entitled to receipt of
			 all matters requiring service upon the parties beginning on the date the motion
			 to intervene is filed, regardless of whether an objection is filed.
(2) If the county review process is not open
			 to persons adversely affected or aggrieved, any person adversely affected or
			 aggrieved may intervene in a review proceeding before the Commission.
(3) Motion to Intervene: In the interests of
			 promoting timely resolution of appeals, a motion to intervene shall be filed at
			 the Commission office and served within 14 days after the Notice of Appeal is
			 filed. The motion shall be served on all parties to the appeal and, if known,
			 any person who has submitted a motion to intervene as of the date of the
			 motion; the motion need not be served on all persons that the appellant served
			 with the Notice of Hearing. The motion to intervene (exhibit 3) shall:
(a) State whether the party is intervening on
			 the side of the appellant or the respondent;
(b) State the facts which show the party is
			 entitled to intervene, supporting the statement with affidavits, citations to
			 the record or other proof;
(c)
			 Include a brief "Intervenor's ADR Statement" stating whether the proposed
			 intervenor is willing to attempt to resolve the case through alternative
			 dispute resolution means. This statement shall not be used to argue merits of
			 the appeal;
(d) Include a brief
			 statement about whether the proposed intervenor is willing to consider a
			 shortened record in accordance with 350-60-060(f); and
(e) If applicable, a statement opting out of
			 email service (note that a party must affirmatively opt out of email
			 service).
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0170 - Amicus Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015, 16
				  U.S.C. ¦ 544c(b) &  16 U.S.C. §
											544 m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0180 - Consolidation

Current through Register Vol. 63, No. 7, July 1, 2024
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).
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0190 - 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 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.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015, 16
				  U.S.C. ¦ 544c(b) & 16 U.S.C. ¦
				  544m(a)(2)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0200 - Stays

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0205 - 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 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.
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 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0210 - Final Order of Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(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 350-60-090, 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.