Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0050 - Review Upon Remand or Reversal from Oregon Court of Appeals or Oregon Supreme Court

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commission shall reconsider an acknowledgment request as a result of a remand
			 or reversal from the Oregon Court of Appeals or Oregon Supreme Court within 90
			 days of the date the decision becomes final. The director shall review the
			 Court's decision and make written recommendations to the commission regarding
			 any additional planning work that is required for acknowledgment of compliance
			 with the goals as a result of the Court's decision.
(2) The director's recommendations shall be
			 sent out at least 14 days before the commission's reconsideration of the
			 acknowledgment request subject to the Court's remand or reversal. The
			 director's recommendations shall be sent to the applicable local government,
			 local coordination body, parties on appeal and those persons who, according to
			 the department's records, were mailed a copy of the commission's acknowledgment
			 or continuance order subject to the Court's remand or reversal.
(3) The persons mailed a copy of the
			 director's recommendations under section (2) of this rule shall have ten
			 calendar days from the date of mailing of the director's recommendations to
			 file with the director written exceptions to those recommendations.
(4) The director may submit a written or oral
			 opinion to the commission regarding exceptions submitted to the commission
			 concerning the remand or reversal.
(5) The commission may allow any person who
			 received a copy of the director's recommendation under section (1) of this rule
			 or who filed written exceptions within the time period set forth in section (3)
			 of this rule to appear before the commission to present oral comments on the
			 director's recommendation or their written exceptions. The commission shall not
			 allow additional evidence to be presented which was not part of the record of
			 the commission's initial acknowledgment review subject to the Court's remand or
			 reversal.
(6) The commission may
			 allow any interested person who was not mailed a copy of the director's
			 recommendation or did not file a written exception pursuant to sections (1) and
			 (3) of this rule to comment on the director's recommendation or submitted
			 written exceptions.
(7) Following
			 review of the director's recommendation and any exceptions, the commission
			 shall enter a continuance order for those parts of the comprehensive plan or
			 land use regulations for which the court determined that goal compliance had
			 not been demonstrated. The commission may also enter a limited acknowledgment
			 order for parts of the comprehensive plan and land use regulations not affected
			 by the continuance order.
(8) The
			 commission's review of corrections made pursuant to an order issued pursuant to
			 section (7) of this rule will be conducted in accordance with the requirements
			 of OAR 660-003-0025  or 660-003-0033.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.251