Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0012 - Appearance and Representation Before the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appearances Before the Board: An
			 individual shall either appear on their own behalf or be represented by an
			 attorney. A corporation or other organization shall be represented by an
			 attorney. In no event may a party be represented by someone other than an
			 active member of the Oregon State Bar. In the event someone other than an
			 active member of the Oregon State Bar files a notice of intent to appeal on
			 behalf of a corporation, other organization, or another individual, the
			 individual filing the notice of intent to appeal will be given an opportunity
			 to provide an amended notice of intent to appeal that conforms with this
			 section. If an amended notice of intent to appeal is not filed within the time
			 set by the Board, then the Board will dismiss the appeal.
(2) Notice of Representation: If a party
			 retains or changes counsel after an appeal is filed, including a change from
			 one attorney to another or addition of an attorney within the same law firm,
			 then the party shall file a notice of representation in writing. The notice of
			 representation may not be combined with another document and shall contain the
			 name, address, and telephone number of the attorney. See Exhibit 8.
(3) Representation by Co-Counsel: Where a
			 party is represented by more than one attorney, including more than one
			 attorney within the same law firm, the party must designate one attorney as
			 lead counsel, who will be that party's counsel for the purpose of receiving
			 documents from the Board and other parties. Lead counsel is responsible for
			 notifying co-counsel of documents and communications received from the Board
			 and other parties.
(4) Duty To
			 Maintain Current Contact Information: All parties to an appeal have a duty to
			 maintain current contact information with the Board, including during the time
			 that an appeal is pending or suspended, until the final opinion and order is
			 issued. Unless updated contact information is provided, the Board shall rely on
			 the contact information provided in the notice of intent to appeal, motion to
			 intervene, or notice of representation.
(5) Notice of Withdrawal: Where an attorney
			 withdraws from representation in an appeal, the attorney shall file a notice of
			 withdrawal in writing. The notice of withdrawal may not be combined with
			 another document. The notice of withdrawal shall contain the name, address, and
			 telephone number of the party and the name, address, and telephone number of
			 the new attorney, if one is being substituted. A notice of withdrawal shall be
			 promptly filed and include any pending deadlines. See Exhibit 9.
(6) Lead Petitioner or Intervenor:
(a) A lead petitioner is responsible for
			 notifying the other petitioners of documents and communications received from
			 the Board and other parties, but each petitioner remains responsible for their
			 own representation.
(b) A lead
			 intervenor is responsible for notifying the other intervenors of documents and
			 communications received from the Board and other parties, but each intervenor
			 remains responsible for their own representation. A lead intervenor's
			 responsibilities under this subsection extend only to intervenors who joined in
			 the lead intervenor's motion to intervene and does not extend to intervenors
			 who filed separate motions to intervene.