Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Filing: Except as provided in 350-60-240 below, an appellant 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. Except as provided in
350-60-240 below, a Notice filed thereafter shall not be deemed timely filed
and the appeal shall be dismissed.
(2) Service of Notice of Appeal: The Notice
of Appeal shall be served on the governing body, the governing body's legal
counsel, the applicant, the applicant's legal counsel, and all persons
identified in the Notice as required by subsection (3)(h) of this rule on or
before the date the Notice of Appeal is 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 sets forth the
name(s) of the person(s) filing the Notice, identifying the person(s) as
appellant(s); the name of the governing body, identifying the governing body as
respondent; and if the appellant is not the applicant, the name of the
applicant, identifying the applicant as respondent;
(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 decision to be reviewed:
(f) A brief "ADR Statement" stating whether
the appellant is willing to attempt to resolve the case through alternative
dispute resolution ("ADR"), including but not limited to mediation. This
statement shall not be used to argue the merits of the appeal.
(g) A statement whether the appellant is
willing to consider a shortened record in accordance with
350-60-060(f).
(h) The name,
address, email address, and telephone number of each of the following:
(A) The Appellant. If the appellant is not
represented by an attorney, the appellant's name, address, email address, and
telephone number shall be included. If an attorney represents the appellant,
the attorney's name, address, email address, and telephone number shall be
substituted for that of the appellant.
(B) The governing body and the governing
body's legal counsel;
(C) The
applicant, if any (and if other than the appellant). If an applicant was
represented by an attorney before the governing body, the applicant's contact
information may be omitted and the name and contact information of the
applicant's attorney shall be included;
(D) Any other person to whom written notice
of the land use decision was mailed as shown on the governing body's records.
The telephone number and email address may be omitted for any such
person.
(i) A statement
advising all persons other than the governing body and applicant, that in order
to participate in the review proceeding a person must file at the Commission
office and serve a motion to intervene pursuant to 350-60-160.
(j) A statement advising all persons other
than the governing body and applicant, that in order to present oral argument
at the hearing before the Commission, a person must intervene and file a brief
pursuant to 350-60-120(1).
(k) A
statement informing all parties and persons whether the party filing the Notice
of Appeal opts out of email service, and a statement informing parties and
persons that service of documents may be by email unless a party or person
expressly opts out of receiving documents by email.
(l) Proof of service upon all persons
required to be named in the Notice. See Exhibit 1.
(4) Filing Fee and Deposit for
Costs: The Columbia River Gorge Commission may charge a filing fee and deposit.
Filing fees and deposits, if any, shall be set by the Gorge Commission's
Executive Director and shall not exceed the average cost to the Commission of
handling appeals under this rule.
Exhibits referenced are available from the
agency.
Stat. Auth.: ORS
196.150
Stats. Implemented: ORS
196.150, RCW 43.97.015, 16
U.S.C. § 544 c(b) & 16 U.S.C. § 544
m(a)(2)