Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0040 - Oral Argument

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only parties
			 who have submitted briefs shall be allowed to present oral argument to the
			 Board. The Board shall not consider issues raised for the first time at oral
			 argument.
(2) If a party waives the
			 right to present oral argument, the Board shall consider the case based on that
			 party's brief and the briefs and oral arguments presented by other parties. The
			 parties may, with consent of the Board, stipulate to submit a case to the Board
			 on briefs without oral argument. If a party fails to appear at the time set for
			 oral argument, the Board may deem the cause submitted without oral argument as
			 to that party. A party's failure to so appear shall not preclude oral argument
			 by other parties.
(3) The Board
			 shall inform the parties of the time and place of oral argument. A party shall
			 seek the consent of other parties before requesting a change in the scheduled
			 time or date for oral argument.
(a) Unless the
			 Board otherwise orders, petitioner(s) shall be allowed 15 minutes for oral
			 argument. Petitioner(s) may reserve up to 5 minutes for rebuttal following
			 respondents' oral argument, to respond to arguments made during respondents'
			 oral argument. Multiple petitioners shall share the 15 minutes. Requests for an
			 overlength oral argument shall be submitted to the Board in writing at any time
			 after the record is received but in no event later than seven days after the
			 petition for review is filed, shall state whether all parties join in the
			 request, and shall state the reasons why an overlength oral argument will
			 assist the Board in resolving the appeal.
(b) The respondent(s) shall be allowed 15
			 minutes to respond. Multiple respondents shall share the 15 minutes.
(c) The Board shall record all arguments, but
			 any party may also arrange at its own expense to record the argument in some
			 other manner.
(d) For purposes of
			 this rule, "in-person oral argument" means all parties and participating board
			 members physically appear in a hearing room and "remote oral argument" means
			 all parties and participating board members appear by video conference call.
			 Except as otherwise provided below, the case will be set for remote oral
			 argument.
(i) The Board may determine that the
			 needs of the Board will be best served by in-person oral argument and may
			 direct the parties to appear for in-person oral argument.
(ii) A party may move in writing for
			 in-person oral argument at any time after the record is received but in no
			 event later than seven days after the petition for review is filed. A motion
			 for in-person argument must explain the circumstances that support the request
			 and demonstrate good cause for arguing in-person. Good cause does not include a
			 mere preference for in-person oral argument. The moving party must confer with
			 all other parties and shall include a statement of compliance with this section
			 at the time of filing their motion that states that no party objects, or that
			 states that a party objects to in-person oral argument and, if the other
			 parties' reasons for objecting are known, the motion shall set out those
			 reasons. Any party may file a response to a motion for in-person oral argument
			 within seven days after the filing of the motion for in-person oral
			 argument.