Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 70 - APPEALS FROM DECISIONS UNDER GORGE COMMISSION ORDINANCES › Section 350-070-0050 - Notice of Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing: A person wishing to appeal a decision by the Director 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. A Notice filed
			 thereafter shall not be deemed timely filed and the appeal shall be
			 dismissed.
(2) Service of Notice of
			 Appeal: The Appellant shall serve a copy of the Notice of Appeal on all persons
			 identified in the Notice as required by subsection (3)(g) of this rule on or
			 before the date the Notice of Appeal is required to be 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 specifies the
			 title of the appeal as "In the matter of an appeal of Development Review
			 Decision No. [FILE NUMBER] by [APPELLANT'S NAME]."
(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 appellant's reasons for appealing the decision
			 including citations to the findings of fact, conclusions of law and conditions
			 of approval in the decision and to provisions of the land use ordinance,
			 sufficient to permit a person to understand the issues the appellant is raising
			 to the Commission;
(f) A brief "ADR
			 Statement" stating whether the appellant is willing to attempt to settle the
			 case through negotiation with the Executive Director and other interested
			 persons, or through alternative dispute resolution (including but not limited
			 to mediation), and specifying the potentially interested persons (if
			 applicable). This statement shall not be used to argue the merits of the
			 appeal.
(g) The name, address,
			 email address, and telephone number of each of the following:
(A) The Appellant, except that if an attorney
			 represents the appellant, then the attorney's name, address, email address, and
			 telephone number shall be substituted for that of the appellant.
(B) The applicant, if other than the
			 appellant. If the applicant is represented by an attorney, then the applicant's
			 address and telephone number may be omitted and the name, address and telephone
			 number of the applicant's attorney shall be included;
(C) Any other person to whom written notice
			 of the land use decision was mailed as shown on the Executive Director's
			 records. The telephone number and email address may be omitted for any such
			 person.
(h) A statement
			 advising that all persons may give testimony at the hearing on the appeal;
			 however, if a person wishes to receive a copy of the record an/or participate
			 in the proceedings prior to the hearing, then that person must file and serve a
			 Notice of Intervention pursuant to 350-70-170. The applicant is an automatic
			 party to the appeal and need not file a notice of intervention.
(i) A statement that the Commission will set
			 the date, time, and place for a hearing on the appeal and provide notice of the
			 hearing approximately 20 days prior to the date of the hearing.
(j) A statement that written comments on the
			 appeal will be accepted by the Commission until the close of the public
			 hearing, but that persons are encouraged to submit written comments within 60
			 days from the date of the Notice of Appeal.
(k) A statement informing all persons whether
			 the party filing the Notice of Appeal opts out of email service, and a
			 statement informing persons that service of documents may be by email unless a
			 person expressly opts out of receiving documents by email.
(l) Proof of service upon all persons
			 required to be named in the Notice.