Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 3 - PROCEDURE FOR REVIEW AND APPROVAL OF COMPLIANCE ACKNOWLEDGMENT REQUEST › Section 660-003-0025 - Acknowledgment Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When an acknowledgment request, corrections submitted pursuant to a
			 commission's continuance order or a new acknowledgement request subsequent to a
			 commission's denial order has been received by the director, the department
			 shall conduct an evaluation of the submitted plan, ordinances or land use
			 regulations in order to advise the commission whether or not they comply with
			 the Statewide Planning Goals. The department may investigate and resolve issues
			 raised in the comments and objections or upon the department's own review of
			 the comprehensive plan and land use regulations. The department may collect or
			 develop evidence which rebuts any supporting documents, comments, objections or
			 evidence submitted pursuant to OAR 660-003-0010(2)  or 660-003-0020(1). The
			 results of this evaluation including response to all objections timely
			 submitted shall be set forth in a written report. However, the failure to
			 respond to an objection which was timely filed shall not be grounds for
			 invalidation of a commission order issued under this rule. Copies of the
			 department's report shall be sent to the local government requesting
			 acknowledgment, the local coordination body, any person who has in writing
			 commented or objected to the acknowledgment request, within the time period
			 required by OAR 660-003-0020(1), and any other person requesting a copy in
			 writing. The department shall send out copies of the report on an
			 acknowledgment request at least 21 days before commission review of the
			 acknowledgment request. However, the department shall send out copies of the
			 report on corrections submitted pursuant to a commission's continuance order at
			 least 14 days before commission review of such request.
(2) The local government, persons who have
			 submitted written comments or objections under OAR 660-003-0020(1)  or persons
			 who own property which is the subject of site specific objections received
			 under OAR 660-003-0020(1)  shall have ten calendar days from the date of mailing
			 of the department's report to file written exceptions to that report. Except as
			 provided in section (3) of this rule, written exceptions shall not include
			 additional evidence. Persons or local governments submitting exceptions are
			 urged to file a copy with the affected local government and persons who
			 submitted comments or objections. The department shall promptly submit
			 exceptions to the commission.
(3)
			 Written exceptions to the department's report filed pursuant to section (2) of
			 this rule may include evidence to rebut any additional evidence submitted
			 pursuant to OAR 660-003-0020(1)  or developed by the department pursuant to
			 section (1) of this rule. Written exceptions which include rebuttal evidence
			 pursuant to this section, shall clearly identify the additional evidence being
			 rebutted and shall be limited to rebuttal evidence. Final rebuttal evidence
			 allowed under this section shall not create a right to submit additional
			 evidence to the commission under section (5) of this rule.
(4) The department may submit a written or
			 oral opinion to the commission regarding any evidence, comments, objections, or
			 exceptions submitted to the commission concerning an acknowledgment request.
			 Persons submitting comments, objections, or exceptions within the time periods
			 set forth in OAR 660-003-0020(1)  or section (2) of this rule shall be permitted
			 to submit evidence to rebut any new evidence submitted for the first time
			 pursuant to section (3) of this rule.
(5) The commission may allow any person who
			 filed written comments or objections within the time period set forth in OAR
			 660-003-0020(1)  to appear before the commission to present oral argument on
			 their written comments, objections or exceptions. The commission shall not
			 allow any additional evidence and testimony that could have been presented to
			 the local government or to the director in accordance with OAR 660-003-0020(1)
 
			 or section (3) of this rule, but was not. Any new evidence submitted during, or
			 as part of, oral argument shall not be considered by the commission unless the
			 commission determines that such evidence could not have been presented to the
			 local government or to the director in accordance with OAR 660-003-0020(1)  or
			 [6]section (3) of this rule.
(6)
			 The commission may allow any interested person who has not filed written
			 comments or objections pursuant to OAR 660-003-0020  to comment on evidence,
			 testimony or the director's report that has already been presented to the
			 commission. Such comments shall not be part of the record before the commission
			 and shall not be considered comments or objections submitted pursuant to ORS
			 197.251(2).
(7) At the time of consideration of the
			 acknowledgment request, the commission shall either grant, continue, postpone
			 for extenuating circumstances or deny the acknowledgment request, or any
			 combination of these actions including partial acknowledgment, pursuant to ORS
			 197.251(1).
(8) Commission orders for acknowledgment,
			 continuance or denial shall be provided to the local government requesting
			 acknowledgment, and persons who filed comments or objections.
(9) When the commission resumes its
			 consideration of the acknowledgment request, submitted subsequent to a
			 continuance order, it shall limit its review to a determination of whether the
			 corrections submitted bring the acknowledgment submission into compliance with
			 the Statewide Planning Goals found not to be complied with in the previous
			 review, unless compliance with other goals is affected by the
			 corrections.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.251,
				  197.254,
				  197.340,
				  197.747 &
				  197.757