Current through Register Vol. 63, No. 3, March 1, 2024
(1) "Commission" means the Columbia River
Gorge Commission or any officer authorized by the commission to make rules or
to issue orders.
(2)
(a) "Contested case" means a proceeding
before the commission:
(A) In which the
individual legal rights, duties or privileges of specific parties are required
by statute or Constitution to be determined only after a hearing at which such
specific parties are entitled to appear and to be heard:
(B) Where the commission has discretion to
suspend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal
to renew or issue a license where the licensee or applicant for a license
demands such hearing.
(b) "Contested case" does not include
proceedings in which any commission decision rests solely on the result of a
test.
(3) "Economic
effect" means the costs of compliance with a rule for businesses including but
not limited to the costs of equipment, supplies, labor and
administration.
(4) "License"
includes the whole or part of any commission permit, certificate, approval,
registration or similar form of permission required by law to pursue any
commercial activity, trade, occupation or profession.
(5)
(a)
"Order" means any commission action expressed orally or in writing directed to
a named person or named persons, other than employees, officers or members of
the commission. "Order" includes any commission determination or decisions
issued in connection with a contested case proceeding.
(b) "Final order" means final commission
action expressed in writing. "Final order" does not include any tentative or
preliminary commission declaration or statement that:
(A) Precedes final commission action;
or
(B) Does not preclude further
commission consideration of the subject matter of the statement or
declaration.
(6) "Party" means:
(a) Each person or agency entitled as of
right to a hearing before the commission;
(b) Each person or agency named by the
commission to be a party; or
(c)
Any person requesting to participate before the commission as a party or in a
limited party status which the commission determines either has an interest in
the outcome of the commission's proceeding or represents a public interest in
such result.
(7)
"Person" means any individual, partnership, corporation, association,
governmental subdivision or public or private organization of any character
other than the commission.
(8)
"Rule" means any commission directive, standard, regulation or statement of
general applicability that implements, interprets or prescribes law or policy,
or describes the procedure or practice requirements of the commission. The term
includes the amendment or repeal of a prior rule, but does not include:
(a) Unless a hearing is required by statute,
internal management directives, regulations or statements which do not
substantially affect the interests of the public:
(A) Between agencies, or their officers or
their employees; or
(B) Within the
commission, between its officers or between employees.
(b) Action by commission directed to other
agencies or other units of government which do not substantially affect the
interests of the public.
(c)
Declaratory rulings.
(d)
Intra-agency memoranda.
(9) "Small business" means a corporation,
partnership, sole proprietorship or other legal entity formed for the purpose
of making a profit, which is independently owned and operated from all other
businesses which has 50 or fewer employees.
Stat. Auth.: ORS
196.150
Stats. Implemented: ORS
196.150; RCW 43.97.015; 16
U.S.C. § 544 et seq.
