reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0005 - Procedure for Commission Adoption of Federal Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding 350-016-0004, when the
			 commission is required to adopt rules or regulations promulgated by an agency
			 of the Federal Government and the Agency has no authority to alter or amend the
			 content or language of those rules or regulations prior to their adoption, the
			 agency may adopt those rules or regulations under the procedure prescribed in
			 this section.
(2) Prior to the
			 adoption of a federal rule or regulation under subsection (1) of this section,
			 the commission shall give notice of the adoption of the rule or regulation, the
			 effective date of the rule or regulation and the subject matter of the rule or
			 regulation in the manner established in 350-016-0004(1).
(3) After giving notice the commission may
			 add to the rule or regulation by filing a copy with the Oregon Secretary of
			 State and the Washington Code Reviser. The commission is not required to
			 conduct public hearings concerning the adoption of the rule or
			 regulation.
(4) Nothing in this
			 section authorizes the commission to amend federal rules ore regulations or
			 adopt rules in accordance with federal requirements without giving an
			 opportunity for hearings as required by 350-016-0004.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0006 - Filing and Taking Effect of Rules; Copies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The
			 commission shall file in the office of the Oregon Secretary of State and
			 Washington Code Reviser a certified copy of each rule adopted by it.
(b) Notwithstanding the provisions of
			 paragraph (a) of this subsection, the commission adopting a rule incorporating
			 published standards of reference is not required to file a copy of those
			 standards with the Oregon Secretary of State or the Washington Code Reviser if:
(A) The standards adopted are unusually
			 voluminous and costly to reproduce; and
(B) The rule identifies the location of the
			 standards to be incorporated and the conditions of their availability to the
			 public.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0007 - Petitions Requesting Adoption of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
An interested person may petition the commission requesting the
				promulgation, amendment or repeal of a rule. The commission shall prescribe by
				rule the form for such petitions and the procedure for their submission,
				consideration and disposition. Not later than 30 days after the date of
				submission of a petition, the commission shall deny the petition in writing or
				shall initiate the rulemaking proceedings. If the commission denies the
				petition it shall set forth in writing its reasons for doing
				so.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0010 - Presiding Officer - Disqualification, Substitution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any party may petition for the
			 disqualification of an individual promptly after receipt of notice indicating
			 that the individual will preside or, if later, promptly upon discovering facts
			 establishing grounds for disqualification.
(2) The individual whose disqualification is
			 requested shall determine whether to grant the petition, stating facts and
			 reasons for the determination.
(3)
			 If a substitute is required for an individual who becomes unavailable as a
			 result of disqualification or any other reason, the substitute must be
			 appointed by the commission.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0011 - Interpreter for Handicapped Person in Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a handicapped person is a party to a
			 contested case, the handicapped person is entitled to a qualified interpreter
			 to interpret the proceedings to the handicapped person and to interpret the
			 testimony of the handicapped person to the commission.
(2)
(a)
			 Except as provided in paragraph (b) of this subsection, the commission shall
			 appoint the qualified interpreter for the handicapped person; and the
			 commission shall fix and pay the fees and expenses of the qualified interpreter
			 if:
(A) The handicapped person makes a
			 verified statement and provides the information in writing under oath showing
			 the inability of the handicapped person to obtain a qualified interpreter, and
			 provides any other information required by the commission concerning the
			 inability of the handicapped person to obtain such an interpreter;
			 and
(B) It appears to the
			 commission that the handicapped person is without means and is unable to obtain
			 a qualified interpreter.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0012 - Depositions or Subpoena of Material Witness; Discovery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On petition of any party to a contested
			 case, the commission may order that the testimony of any material witness may
			 be taken by deposition in the manner prescribed by law for depositions in civil
			 actions. The petition shall set forth the name and address of the witness whose
			 testimony is desired, a showing of the materiality of the testimony of the
			 witness, and a request for an order that the testimony of such witness be taken
			 before an officer named in the petition for that purpose. If the witness
			 resides in Oregon or Washington and is unwilling to appear, the commission may
			 issue a subpoena, requiring his appearance.
(2) On petition of any party to a contested
			 case the commission may order that the party be allowed an opportunity to visit
			 the property that is the subject of a hearing before the commission. The
			 petition shall set forth the name, address and telephone number of the person
			 or persons who will visit the property and a showing of the materiality of the
			 evidence to be obtained from the visit. The applicant, the owner of the
			 property or a representative shall be entitled to accompany the petitioning
			 party while on the property and shall be given access to any written report or
			 notes from the site visit prepared for the petitioning party that is not
			 subject to protection under the attorney-client privilege.
(3) The commission may allow petitions to
			 take depositions, for subpoenas, admissions or other forms of discovery
			 prescribed by law in civil actions upon a showing of necessity and
			 unavailability by other means. In determining whether to allow the discovery
			 the commission shall consider:
(a) Whether all
			 parties are represented by counsel;
(b) Whether undue expense or delay in
			 bringing the matter to hearing will result;
(c) Whether the discovery will promote the
			 orderly and prompt conduct of the proceeding; and
(d) Whether the interests of justice will be
			 promoted.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0013 - Subpoenas in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission shall issue subpoenas to
			 any party to a contested case upon request upon a showing of general relevance
			 and reasonable scope of the evidence sought. A party, other than the
			 commission, entitled to have witnesses on behalf of the party may have
			 subpoenas issued by an attorney of record of the party, subscribed by the
			 signature of the attorney. Witnesses appearing pursuant to subpoena, other than
			 the parties or officers or employees of the commission, shall receive fees and
			 mileage as prescribed by law for witnesses in civil actions.
(2) If any person fails to comply with any
			 subpoena so issued or any party or witness refuses to testify on any matters on
			 which the party or witness may be lawfully interrogated, the judge of the
			 circuit court or superior court of any county, on the application of the
			 commission or of a designated representative of the commission or of the party
			 requesting the issuance of or issuing the subpoena, shall compel obedience by
			 proceedings for contempt as in the case of disobedience of the requirements of
			 a subpoena issued from such court or a refusal to testify therein.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0014 - Evidence in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Irrelevant, immaterial or unduly
			 repetitious evidence shall be excluded but erroneous rulings on evidence shall
			 not preclude commission action on the record unless shown to have substantially
			 prejudiced the rights of a party. All other evidence of a type commonly relied
			 upon by reasonably prudent persons in conduct of their serious affairs shall be
			 admissible. The commission shall give effect to the rules of privilege
			 recognized by law. Objections to evidentiary offers may be made and shall be
			 noted in the record. Any part of the evidence may be received in written
			 form.
(2) All evidence shall be
			 offered and made a part of the record in the case, and except for matters
			 stipulated to an except as provided in subsection (4) of this section no other
			 factual information or evidence shall be considered in the determination of the
			 case. Documentary evidence may be received in the form of copies or excerpts,
			 or by incorporation by reference. The burden of presenting evidence to support
			 a fact or position in a contested case rests on the proponent of the fact or
			 position.
(3) Every party shall
			 have the right of cross examination of witnesses who testify and shall have the
			 right to submit rebuttal evidence. Persons appearing in a limited party status
			 shall participate in the manner and to the extent prescribed by rule of the
			 commission.
(4) The commission may
			 take notice of judicially cognizable facts, and may take official notice of
			 general, technical or scientific facts within its specialized knowledge.
			 Parties shall be notified at any time during the proceeding but in any event
			 prior to the final decision of material officially noticed and the sources of
			 the materials and they shall be afforded an opportunity to contest the facts so
			 noticed. The commission may utilize its experience, technical competence and
			 specialized knowledge in the evaluation of the evidence presented to
			 it.
(5) No sanction shall be
			 imposed or order be issued except upon consideration of the whole record or
			 such portions thereof as may be cited by any party, and as supported by, and in
			 accordance with, reliable, probative and substantial evidence.
(6) The commission may, at is discretion, be
			 represented at the hearings by the Attorney General of Washington or
			 Oregon.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0015 - Examination of Evidence by Agency in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever in a contested case a majority of the officials of the
				commission who are to render the final order have not heard the case or
				considered the record, the order, if adverse to party other than the commission
				itself, shall not be made until a proposed order, including findings of fact
				and conclusions of law, has been served upon the parties and an opportunity has
				been afforded to each party adversely affected to file exceptions and present
				argument to the officials who are to render the decision.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0016 - Commission Statement of Ex Parte Communications; Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A presiding officer may not communicate,
			 directly or indirectly, regarding any issue in the proceeding other than
			 communications necessary to procedural aspects of maintaining an orderly
			 process, with any person employed by the agency without notice and opportunity
			 for all parties to participate, except as provided in this subsection:
(a) Where the ultimate legal authority of an
			 agency is vested in a multimember body, and where that body presides at an
			 adjudication, members of the body may communicate with one another regarding
			 the proceeding;
(b) Any presiding
			 officer may receive aid from legal counsel, or from staff assistants who are
			 subject to the presiding officer's supervision; and
(c) Presiding officers may communicate with
			 other employees or consultants of the agency who have not participated in the
			 proceeding in any manner, and who are not engaged in any investigative or
			 prosecutorial functions in the same or a factually related case.
(d) This subsection does not apply to
			 communications required for the disposition of ex parte matters specifically
			 authorized by statute.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0017 - Proposed Order by Hearings Officer; Amendment by Commission; Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise provided in subsections (1) to (3) of this section, unless a hearings
			 officer is authorized or required by law or commission rule to issue a final
			 order, the hearings officer shall prepare and serve on the commission and all
			 parties to a contested case hearing a proposed order, including recommended
			 findings of fact and conclusions of law. The proposed order shall become final
			 after the 30th day following the date of service of the proposed order, unless
			 the commission within that period issues an amended order.
(2) The commission may be rule specify a
			 period of time after which a proposed order will become final that is different
			 from that specified in subsection (1) of this section.
(3) If the commission determines that
			 additional time will be necessary to allow the commission adequately to review
			 a proposed order in a contested case, the commission may extend the time after
			 which the proposed order will become final by a specified period of time. The
			 commission shall notify the parties to the hearing of the period of
			 extension.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0018 - Orders in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Every order adverse to a party to the proceeding shall be in writing or stated
			 in the record and may be accompanied by an opinion.
(2) A final order shall be accompanied by
			 findings of fact and conclusions of law, and the reasons and basis therefore,
			 on all the material issues of fact, law, or discretion presented on the record,
			 including the remedy or sanction. Any findings based substantially upon
			 credibility of evidence or demeanor of witnesses shall be so identified. The
			 findings of fact shall consist of a concise statement of the underlying facts
			 supporting the findings as to each contested issue of facts and as to each
			 ultimate fact required to support the commission's order.
(3) The commission shall serve in writing any
			 final order within 90 days after the hearing or after the submission of any
			 additional memoranda, briefs or proposed findings. The commission shall notify
			 the parties to a proceeding of a final order by delivering or mailing a copy of
			 the order and any accompanying findings and conclusions to each party or, if
			 applicable, the party's attorney of record.
(4) Every final order shall include a
			 citation of the statutes under which the order may be appealed.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0020 - Commission Record of Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commission shall maintain an official
			 record of each contested case.
(2)
			 The commission record shall include:
(a)
			 Notices of proceedings;
(b) Any
			 prehearing order;
(c) Any motions,
			 pleadings, briefs, petitions, requests and intermediate rulings;
(d) Evidence received or
			 considered;
(e) A statement of any
			 matters officially noticed;
(f)
			 Proffers of proof and objections and rulings thereon;
(g) Proposed findings, requested orders and
			 exceptions;
(h) The recording
			 prepared for the commission at the hearing, together with any transcript of all
			 or part of the hearing considered before final disposition of the
			 proceeding;
(i) Any final order,
			 initial order or order on reconsideration;
(j) Staff memoranda or data submitted to the
			 commission; and
(k) Matters placed
			 on the record after an ex parte communication.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0022 - Service of Process

Current through Register Vol. 63, No. 7, July 1, 2024
A petition for judicial review of a final order in a contested
				case shall be served upon the commission by delivery of a copy of the petition
				to the office of the executive director or chairperson of the commission at the
				principal office of the commission.
Stat. Auth.: ORS
				  196.150 -
				  196.165, ORS
				  390.500 -
				  390.515
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0024 - Commission Record for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within thirty days after service of a
			 petition for judicial review, or within further time allowed by the court, the
			 commission shall transmit to the court the original or a certified copy of the
			 commission record specified in 350-016-0020.
(2) The commission may charge a nonindigent
			 petitioner with the reasonable costs of preparing any necessary copies and
			 transcripts for transmittal to the court. A failure by the petitioner to pay
			 this cost to the commission relieves the commission from the responsibility for
			 preparation of the record and transmittal to the court. For the purposes of
			 this paragraph, a nonindigent person is one whose income is more than 130
			 percent of the poverty income guidelines published in the Federal Register by
			 the U.S. Department of Health and Human Resources.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0025 - Appearance of Fairness

Current through Register Vol. 63, No. 7, July 1, 2024
Members of the Commission shall comply with Washington's
				appearance of fairness doctrine in appeals and proceedings under this rule and
				under Rules 350-060 et seq. and Rules 350-070 et seq.
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &
				  16 U.S.C.
				  544 et
				  seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to establish procedures and
				criteria for enforcement of P.L. 99-663 by the Commission as
				set forth in section 15 of the Scenic Area Act.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this division the following definitions
				apply unless the context requires otherwise:
(1) "Commission" means the Columbia River
			 Gorge Commission established by Chapter 499, Washington Laws of 1987 and
			 Chapter 14, Oregon Laws of 1987.
(2) "Continuing violation" means continuing
			 activity which violates any law, rule, implementation measure, ordinance or
			 order under P.L.
			 99-663. For example, continued operation of a rock
			 quarry after receipt of a notice of alleged violation is a continuing
			 violation.
(3) "De minimis
			 violation" means a violation of the law that is essentially minor, readily
			 correctable, not repeated and with cooperative parties.
(4) "Director" means the Executive Director
			 of the Columbia River Gorge Commission or staff designee.
(5) "Implementation measure" means any
			 ordinance, regulation or order adopted by the Columbia River Gorge Commission
			 or a county which carries out the Act, the management plan or a land use
			 ordinance.
(6) "Interim guidelines"
			 means the guidelines adopted pursuant to section 10(a) of
			 P.L.
			 99-663.
(7) "Land use ordinance" means any ordinance
			 adopted by a county or the Commission pursuant to
			 P.L.
			 99-663, and includes any amendment to, revision
			 of, or variance from such ordinance.
(8) "Management plan" means the scenic area
			 management plan adopted pursuant to
			 section
			 6 of
			 P.L.
			 99-663.
(9) "Violation" means failure to comply with
			 any law, rule, implementation measure, ordinance or order under
			 P.L.
			 99-663.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0015 - Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person who willfully violates any of the following may incur a civil penalty:
(a)P.L.
			 99-663;
(b) The management plan;
(c) A land use ordinance;
(d) An implementation measure; or
(e) Any order issued by the Commission or the
			 Director.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0020 - Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 shall investigate alleged violations of the measures listed in subsection 1 of
			 350-30-015 of this Division.
(2)
			 The Director may inspect the subject property if necessary to conduct an
			 investigation under subsection (1) of this section.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0025 - De Minimis Violation

Current through Register Vol. 63, No. 7, July 1, 2024
If the Director believes a violation has occurred but it is of
				a de minimis nature, readily correctable, not repeated and with cooperative
				parties, the Director should work with the landowner to resolve the matter
				through a new development review application, modification or removal of a
				building or structure, or other appropriate means. The Director shall
				periodically report to the Commission about resolutions to de minimis
				violations.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0030 - Notice of Alleged Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the violation is not de minimis, the
			 Director shall serve written notice of violation on the alleged violator by
			 personal service or by registered or certified mail. The notice shall include:
(a) A plain statement describing the alleged
			 violation;
(b) The provision of
			 P.L.
			 99-663, the management plan, the land use
			 ordinance, the implementation measure or the order alleged to have been
			 violated;
(c) The legal and common
			 description of the subject property;
(d) The proposed disposition of the matter
			 through either 350-30-050 through 350-30-060 or 350-30-070 including the
			 recommended penalty to be imposed (if any) and the criteria from 350-30-090
			 upon which the penalty is based;
(e) A statement that the alleged violator
			 shall file an answer within 14 days after receipt of the notice of
			 violation;
(f) A copy of 350-30-040
			 which prescribes how to file an answer; and
(g) A statement that if resolution is not
			 reached through 350-30-050 through 350-30-060 the Commission will consider the
			 alleged violation at a contested case hearing which may result in the entry of
			 a final order imposing a civil penalty based upon a prima facie case made on
			 the record, whether or not the alleged violator participates.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0040 - Answer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The alleged
			 violator shall file an answer within 14 days of receipt of a notice of
			 violation but it must be received by the Director within the 14 days
			 allowed.
(2) The answer shall agree
			 or disagree with all factual matters and shall affirmatively allege any and all
			 affirmative claims or defenses and the reasoning in support thereof. The answer
			 may include proposed measures for resolution of the matter through
			 350-030-0050-350-030-0060  or 350-030-0070  and any reason the Commission should
			 modify the penalty recommended.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0050 - Resolution through Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may seek to resolve or settle a alleged violation.
				Any proposed resolution must be presented to and approved by the Commission as
				provided in 350-030-0060.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0060 - Hearing on Proposed Resolution through Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
The hearing shall be conducted using the following
				procedure:
(1) The Director shall
			 provide a brief summary of the nature of the case, the proposed resolution and
			 the key legal issues.
(2) The
			 Director shall provide any other information required along with his
			 recommendation.
(3) The alleged
			 violator or the alleged violator's representative shall be given a reasonable
			 opportunity to be present and to address the Commission.
(4) The Commission may request further
			 information from the Director or the alleged violator.
(5) The Commission shall decide whether to
			 accept, reject or modify the proposed resolution.
(6) If rejected, the matter shall be reset
			 for a contested case hearing under 350-30-070.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0070 - Hearing on Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A violation that is not resolved through
			 350-030-0050  to 350-030-0060  shall be conducted as a contested case.
(2) The rules governing the Commission's
			 administrative procedure (350-016) shall govern the case.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0080 - Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 shall issue a final order. The order shall be served by personal delivery or
			 certified or registered mail. If served by mail, the order shall be deemed
			 received three days after mailing.
(2) The order shall specify:
(a) The resolution of the violation
			 (including any consent decree);
(b)
			 Whether a penalty is imposed and the amount of such penalty; and
(c) Any other conditions or
			 requirements.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0090 - Penalty Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 determining the amount of a civil penalty, the following factors shall be
			 considered:
(a) Whether the person or entity
			 has violated the P.L.
			 99-663 management plan, a land use ordinance, an
			 implementation measure or an order in the past;
(b) Whether the person or entity has
			 undertaken measures to remedy the violation or mitigate harm resulting from the
			 violation;
(c) The nature and
			 seriousness of the violation; and
(d) Whether the violation is repeated or
			 continuous, or the person or entity has had prior violations.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 30 - ENFORCEMENT › Section 350-030-0100 - Summary Order

Current through Register Vol. 63, No. 7, July 1, 2024
Where an imminent threat exists to resources protected under
				the law and/or to public health, safety or welfare, the Director may issue a
				summary order requiring the alleged violator to promptly stop work or take
				other necessary action pending a notice of alleged violation and a contested
				case hearing before the Commission under 350-030-0070.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division specifies the process of the Columbia River Gorge
				Commission (Commission) for considering minor revisions to the boundaries of
				any Urban Area.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Reserved.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0020 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consideration
			 of requests to revise urban area boundaries is a discretionary action
			 authorized by section 4(f) of the Act. The Act does not entitle a county, or
			 any person or entity, to have the Commission review a request to revise any
			 urban area boundary, and does not contain time requirements for consideration
			 of a request. The Commission may make "minor revisions" to the boundaries of an
			 Urban Area.
(2) Three procedural
			 requirements are included in Section 4(f)(1) of the Scenic Area Act:
(a) Requests to revise an Urban Area boundary
			 are submitted to the Commission by a county government;
(b) The Commission must consult the Secretary
			 of Agriculture before revising an Urban Area boundary; and
(c) Two-thirds of the Commission members,
			 including a majority of the members appointed from each state, must approve a
			 revision of an Urban Area boundary. In the event of recusal, the doctrine of
			 necessity shall apply.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0030 - Application for Revision

Current through Register Vol. 63, No. 7, July 1, 2024
Applications to revise the boundaries of any Urban Area shall
				contain the following information:
(1)
			 A statement from the county sponsoring the Urban Area boundary revision, signed
			 by the county commissioners.
(2) A
			 statement that the senior-elected or appointed official(s) of any affected
			 municipality or special district were provided notice of the
			 application.
(3) A statement that
			 explains why the proposed Urban Area boundary revision is needed. The statement
			 shall describe the anticipated land uses that would occur in the affected area
			 and demonstrate how the proposed revision complies with the criteria in the
			 Scenic Area Act.
(4) A map of the
			 area proposed for revision to the existing Urban Area. The map shall be drawn
			 to scale and shall be prepared at a scale of 1 inch equals 200 feet (1:2,400),
			 or a scale providing greater detail. It shall include the following elements:
(a) North arrow;
(b) Map scale;
(c) Boundaries of all parcels within the
			 subject area, with labels showing the name of each property owner and the size
			 of each parcel;
(d) Current
			 municipal zoning designations, where applicable;
(e) Significant terrain features or
			 landforms;
(f) Bodies of water and
			 watercourses;
(g) Existing roads
			 and railroads;
(h) Existing
			 dwellings and other structures; and
(i) Location of existing services, including
			 water systems, sewage systems, and power and telephone lines.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0040 - Processing of Application

Current through Register Vol. 63, No. 7, July 1, 2024
Applications for revision of urban area boundaries shall be
				reviewed upon receipt and in the order in which they are received, except that
				the Commission may, as part of its work planning, set a limit on the number of
				urban area boundary revision applications it will process during the biennium
				and may set its limit at zero.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0050 - Submission and Acceptance of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A county government shall submit an
			 application to revise the boundary of an Urban Area to the Commission office.
			 Fifteen copies of each application are required after the Executive Director
			 determines the application is complete. Only two copies of the large scale maps
			 are required.
(2) The Director
			 shall review the application for completeness and adequacy and notify the
			 applicant in writing of any deficiencies.
(3) The Executive Director shall not accept
			 an application as complete until all omissions and deficiencies noted by the
			 Executive Director are corrected.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0055 - Work Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission shall adopt a work plan for each application to
				revise an urban area boundary. The work plan should contain an estimate of the
				time and steps needed to review the application, which may vary among
				applications depending on Commission staffing, budget and resources, and other
				agency work. At a minimum, the work plan shall include the steps and time
				periods in sections 060 through 090 in this division. The start date, steps,
				and time periods shall be set considering commission staffing level, budget and
				resources, other agency work, and adequate time for public review. The work
				plan is only an estimate; the Executive Director may require information or
				procedure not listed in the work plan; skip procedures and information
				requirements listed in the workplan; or lengthen or shorten time to complete
				steps in the workplan without permission from the Commission.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0060 - Notice of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Executive Director shall send electronic or paper notice of the completed
			 application to the U.S. Forest Service-National Scenic Area Office, States of
			 Oregon and Washington, all four Indian tribal governments, the six Gorge county
			 planning offices, appropriate city planning offices, and interested parties who
			 have requested notice.
(2) The
			 Executive Director shall publish notice of the application in local Gorge
			 newspapers serving the National Scenic Area as well as a major newspaper in
			 Portland and a major newspaper in Vancouver.
(3) The complete application shall be
			 available for inspection at the Commission office during normal office
			 hours.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0065 - Public Comment

Current through Register Vol. 63, No. 7, July 1, 2024
Interested persons shall have no less than 30 days from the
				date the notice is sent to submit written comments to the Executive Director.
				Written comments should address whether the proposed amendment is consistent
				with the purposes and standards of the Scenic Area Act, the criteria in Section
				6(h) of the Scenic Area Act and this rule.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0070 - Report of the Executive Director

Current through Register Vol. 63, No. 7, July 1, 2024
The Executive Director shall prepare a report analyzing the
				proposed Urban Area boundary revision, and which may include
				recommendations.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0080 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 will conduct a hearing on every application accepted as complete by the
			 Director.
(2) The Commission shall
			 provide 20 days notice of the hearing to interested parties and the
			 public.
(3) The hearing shall take
			 place as follows, noting the Chair may provide specific direction for the
			 conduct of the hearing related to the time allowed for presentations and
			 similar procedural issues:
(a) The applicant
			 may present the basis for the urban area boundary revision.
(b) Federal, state, county, tribal and other
			 government officials may participate through submission of oral or written
			 comments.
(c) The public may
			 participate through submission of oral or written comments.
(d) After those who participate in the
			 hearing on behalf of the government or the public are finished, the applicant
			 shall have the opportunity to respond to the comments presented.
(e) After all presentations are complete, the
			 Commission shall deliberate on the proposed urban area boundary
			 revisions.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 40 - REVISION OF URBAN AREA BOUNDARIES › Section 350-040-0090 - Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
In considering amendments to urban area boundaries, the Gorge
				Commission shall consult with the Forest Service, both states, the six Gorge
				counties, all four Indian tribal governments and agencies or organizations that
				have a specific interest.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division specifies the process of the Columbia River Gorge
				Commission (Commission) for considering amendments to the Management
				Plan.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0020 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consideration
			 of amendments to the Management Plan is a discretionary action authorized by
			 section 6(h) of the Act. The Act does not entitle any person or entity to have
			 the Commission review an application to amend the Management Plan, and does not
			 contain time requirements for consideration of a request.
(2) The Act allows only the Commission to
			 adopt a plan amendment:
(a) If the Commission
			 determines at any time that conditions within the Scenic Area have
			 significantly changed; and
(b) If
			 the Commission approves the plan amendment by a majority vote of the members
			 appointed, including approval by at least three members from each state. In the
			 event of recusal, the doctrine of necessity shall apply.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0030 - Criteria for Plan Amendment Approval

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission must find the following criteria are satisfied
				before it approves an amendment to the Management Plan:
(1) Conditions in the Scenic Area have
			 significantly changed. This means:
(a)
			 Physical changes that have widespread or major impacts to the landforms,
			 resources, or land use patterns in the Scenic Area;
(b) New information or inventory data
			 regarding land uses or resources that could result in a change of a plan
			 designation, classification, or other plan provision;
(c) Changes in legal, social, or economic
			 conditions, including those that affect public health, safety, or welfare, not
			 anticipated in the Management Plan; or
(d) A demonstrable mistake in the Management
			 Plan that has resulted in significant impacts or that involves significant
			 issues, such as, but not limited to, a land use guideline that is less
			 protective of Gorge resources than the policies the guideline was intended to
			 implement; a land use designation that does not conform to the corresponding
			 designation policies; or two or more guidelines that cannot be reasonably
			 reconciled.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0035 - Matters Not Constituting a Plan Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Executive Director and Area Manager
			 may jointly correct any typographical, grammatical, cross-reference, mapping
			 discrepancies (such as land use designation boundaries that differ from
			 property lines when the intent to follow property lines is clear) created by
			 using maps with different and coarse scales, or other similar error contained
			 in the Management Plan that does not change the substantive provisions of the
			 Management Plan.
(2) The Executive
			 Director and Area Manager shall report such changes to the Commission at a
			 regularly noticed meeting. The meeting agenda shall include notice of a report
			 under this section. For such changes, the Commission shall not be required to
			 amend the Management Plan as provided in this division of the Commission's
			 rules, nor seek concurrence by the Secretary of Agriculture.
(3) A correction shall be considered a final
			 action for the purpose of judicial review at the time the Executive Director
			 and Area Manager report the correction to the Commission.
Stat. Auth.: ORS
				  196.150, RCW 43.97.015 &  16 USC §
											544  c(b)
Stats. Implemented: ORS
				  196.150
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 50 - PLAN AMENDMENT PROCESS › Section 350-050-0040 - Origin of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person may request that the Commission initiate a legislative amendment to
			 the Management Plan.
(2) Any person
			 may apply for a quasi-judicial amendment to the Management Plan. All owners of
			 parcels to which the proposal applies shall give written consent to the
			 application.
(3) For the purpose of
			 this division of the Commission Rules, a quasi-judicial amendment shall be one
			 that proposes to change the land use designation, recreation intensity class or
			 landscape setting on one or any clearly identifiable set of parcels that share
			 a similar set of facts, and the change does not establish new policies, or one
			 that proposes to change policy that would apply to one or a small number of
			 clearly identifiable parcels that share a similar set of facts. All other
			 amendments shall be considered a legislative amendment.
(4) The Executive Director shall determine
			 whether the proposal is for a legislative or a quasi-judicial amendment. The
			 Executive Director may make this determination prior to or at the
			 pre-application conference.
Stat. Auth.: ORS
				  196.150 & RCW
				  43.97.015
Stats. Implemented: ORS
				  196.150, RCW 43.97.015 &  16 U.S.C. §
											544  et seq.