Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 60 - APPEALS FROM COUNTY ORDINANCES › Section 350-060-0050 - Notice of Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing: Except as provided in 350-60-240 below, an appellant shall file a
			 Notice of Appeal at the Commission office on or before the 30th day after the
			 date the decision sought to be appealed becomes final. Except as provided in
			 350-60-240 below, a Notice filed thereafter shall not be deemed timely filed
			 and the appeal shall be dismissed.
(2) Service of Notice of Appeal: The Notice
			 of Appeal shall be served on the governing body, the governing body's legal
			 counsel, the applicant, the applicant's legal counsel, and all persons
			 identified in the Notice as required by subsection (3)(h) of this rule on or
			 before the date the Notice of Appeal is filed.
(3) Contents of Notice of Appeal: The Notice
			 of Appeal shall be substantially in the form set forth in Exhibit 1 and shall
			 contain:
(a) A caption which sets forth the
			 name(s) of the person(s) filing the Notice, identifying the person(s) as
			 appellant(s); the name of the governing body, identifying the governing body as
			 respondent; and if the appellant is not the applicant, the name of the
			 applicant, identifying the applicant as respondent;
(b) Adjacent to the caption the heading
			 "Notice of Appeal";
(c) The full
			 title of the decision to be reviewed as it appears on the final
			 decision;
(d) The date the decision
			 to be reviewed became final;
(e) A
			 concise description of the decision to be reviewed:
(f) A brief "ADR Statement" stating whether
			 the appellant is willing to attempt to resolve the case through alternative
			 dispute resolution ("ADR"), including but not limited to mediation. This
			 statement shall not be used to argue the merits of the appeal.
(g) A statement whether the appellant is
			 willing to consider a shortened record in accordance with
			 350-60-060(f).
(h) The name,
			 address, email address, and telephone number of each of the following:
(A) The Appellant. If the appellant is not
			 represented by an attorney, the appellant's name, address, email address, and
			 telephone number shall be included. If an attorney represents the appellant,
			 the attorney's name, address, email address, and telephone number shall be
			 substituted for that of the appellant.
(B) The governing body and the governing
			 body's legal counsel;
(C) The
			 applicant, if any (and if other than the appellant). If an applicant was
			 represented by an attorney before the governing body, the applicant's contact
			 information may be omitted and the name and contact information of the
			 applicant's attorney shall be included;
(D) Any other person to whom written notice
			 of the land use decision was mailed as shown on the governing body's records.
			 The telephone number and email address may be omitted for any such
			 person.
(i) A statement
			 advising all persons other than the governing body and applicant, that in order
			 to participate in the review proceeding a person must file at the Commission
			 office and serve a motion to intervene pursuant to 350-60-160.
(j) A statement advising all persons other
			 than the governing body and applicant, that in order to present oral argument
			 at the hearing before the Commission, a person must intervene and file a brief
			 pursuant to 350-60-120(1).
(k) A
			 statement informing all parties and persons whether the party filing the Notice
			 of Appeal opts out of email service, and a statement informing parties and
			 persons that service of documents may be by email unless a party or person
			 expressly opts out of receiving documents by email.
(l) Proof of service upon all persons
			 required to be named in the Notice. See
Exhibit 1
.