Current through Register Vol. 63, No. 3, March 1, 2024
(1) Contents of
Record: The record shall include the following:
(a) The final decision including findings of
fact and conclusions of law;
(b)
All evidence, exhibits, maps, documents or other written materials included in
the Executive Director's land use application file; photos, maps, and exhibits
that were prepared by or presented to the Executive Director in color shall be
provided to the Commission in color in the original or certified copy of the
record and all duplicate copies of the record;
(c) Minutes of any meetings conducted by the
Executive Director as required by law.
(d) All documents relating to an applicant's
request for special review, including the applicant's request, the Executive
Director's recommendation, and all documents relied on by the Executive
Director in making the recommendation.
(e) The Executive Director may retain any
audiotape recording, large maps, or exhibits and documents which are difficult
to duplicate, until the date of oral argument. The Executive Director shall
make these items reasonably available for inspection and duplication by any
person during the pendency of the appeal, and shall specify in its filing of
the record the procedure for reviewing for these items.
(2) Preparation and Service of Record: Within
30 days after the Notice of Appeal is filed, the Executive Director shall
prepare and serve a copy of the record, exclusive of audiotape recordings,
large maps and other exhibits and documents which are difficult to duplicate,
on the appellant and intervenors. The Commission may serve the record to
persons in an electronic form to persons not opting out of email
service.
(3) Specifications of
Record:
(a) The record shall:
(A) Include a cover bearing the title of the
case as it appears in the Notice;
(B) Begin with a table of contents, listing
each item contained therein, and the page of the record where the item begins
and listing each audiotape recording, large map or other exhibit or document
retained by the Executive Director;
(C) Be securely fastened;
(D) Have pages numbered consecutively, with
the page number at the bottom right-hand corner of each page;
(E) Be arranged in inverse chronological
order, with the most recent item on top.
(3) The Commission may charge persons the
cost of duplicating and serving paper copies of the record consistent with the
Commission's public records rule, 350-12.
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. ¦
544m(a)(2)
