Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0030 - Petition for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing and Service of Petition: Unless the Board orders otherwise pursuant to
			 ORS
			 197.830(10)(a),
			 the petition for review together with one copyshall be filed with the Board
			 within 21 days after the date the record is received or settled by the Board.
			 See OAR 661 010-0025(2) and 661-010-0026(6). The petition shall also be served
			 on the governing body and any party who has filed a motion to intervene.
			 Failure to file a petition for review within the time required by this section,
			 and any extensions of that time under OAR 661-010-0045(9)  or 661-010-0067(2),
			 shall result in dismissal of the appeal, forfeiture of the filing fee to the
			 governing body, and an award of up to $200 for the cost of preparation of the
			 record payable from the petitioner(s) to the governing body. See OAR
			 661-010-0075(1)(c). Co-petitioners who file a single Notice of Intent to Appeal
			 shall be limited to a single, joint petition for review. In consolidated
			 appeals in which the petitioners are the same the petitioners shall be limited
			 to a single petition for review. Within fourteen days after the consolidated
			 record is received, petitioners may request permission to exceed the applicable
			 word limit in writing and shall state the reasons why an overlength petition
			 for review will assist the Board in resolving the appeal.
(2) Specifications of Petition: The petition
			 for review shall:
(a) Begin with a table of
			 contents and authorities;
(b) Not
			 exceed 11,000 words, unless permission for a longer petition is given by the
			 Board. Headings, footnotes, and quoted material count toward the word-count
			 limitation. The front cover, table of contents, table of authorities,
			 appendices, certificate of service, any other certificates, and the signature
			 block do not count toward the word-count limitation;
(c) If a party does not have access to a
			 word-processing system that provides a word count, a brief is acceptable if it
			 does not exceed 38 pages;
(d) Have
			 blue front and back covers of at least 65-pound weight paper. The front cover
			 page shall state the full title of the proceeding, and the names, addresses and
			 telephone numbers of all parties unrepresented by an attorney. If a party is
			 represented by an attorney, the name, address and telephone number of the
			 attorney shall be substituted for the party. If there is more than one
			 petitioner, the cover page shall specify which petitioner(s) are filing the
			 petition. An intervenor shall be designated as either petitioner or respondent
			 in accordance with OAR 661-010-0050;
(e) Briefs must be legible and capable of
			 being read without difficulty. The print must be black. Briefs must be prepared
			 using proportionately spaced type. The style must be infont such as Times New
			 Roman, and may not be smaller than 14-point type both for text and for
			 footnotes;
(f) Be double spaced,
			 except that quotations and footnotes may be single-spaced with double space
			 above and below each paragraph of quotation;
(g) Have text printed on only one side of the
			 page; however, text may be printed on both sides of the page if the paper is
			 sufficiently opaque to prevent material on one side from showing through, and
			 the petition is bound along the left-hand margin so that the pages lie flat
			 when open;
(h) Be printed on 8-1/2
			 by 11-inch paper, with numbers for each line of text and page numbers on the
			 top of each page of text;
(i) Have
			 inside margins of 1-1/4 inches, outside margins of 1 inch, top and bottom
			 margins of 3/4 inch; and
(j) Be
			 signed on the last page by the author. In cases where multiple unrepresented
			 petitioners or intervenors-petitioners file a single petition for review, the
			 petition for review shall be signed by all petitioners or
			 intervenors-petitioners who wish to join the petition for review.
(k) A signed certificate of compliance with
			 the above-listed specifications for the petition for review shall be appended
			 after the final page of the petition. See Exhibit 7. The certificate of
			 compliance must include a statement that:
(A)
			 The brief complies with the word-count limitation in paragraph (2)(b) of this
			 subsection for briefs and OAR 661-010-0039  for reply briefs by indicating the
			 number of words in the brief. The person preparing the certificate may rely on
			 the word count of the word-processing system used to prepare the brief. If the
			 attorney, or a self-represented party, does not have access to a
			 word-processing system that provides a word count, the certificate must
			 indicate that the attorney, or self-represented party does not have access to
			 such a system and that the brief complies with paragraph (2)(c) of this
			 subsection for briefs and OAR 661-010-0039  for reply briefs.
(B) The brief complies with the font
			 limitation in paragraph (2)(e) of this subsection by indicating that the size
			 is not smaller than 14 point for both the text of the brief and
			 footnotes.
(C) The brief includes a
			 copy of the challenged decision, including any adopted findings of fact and
			 conclusions of law, as required by OAR 661-010-0030(4)(e).