Current through Register Vol. 63, No. 9, September 1, 2024
(1) Hearings before the commission on a
referral of a local government submittal of a work program or hearings on
referral or appeal of a work task must be noticed and conducted in accordance
with this rule.
(2) The commission
shall take final action on an appeal or referral of a completed work task
within 90 days of the date the appeal was filed or the director issued notice
of the referral unless:
(a) At the request of
a local government and a person who files a valid objection or appeals the
director's decision, the department may provide mediation services to resolve
disputes related to the appeal. Where mediation is underway, the commission
shall delay its hearing until the mediation process is concluded or the
director, after consultation with the mediator, determines that mediation is of
no further use in resolution of the work program or work task disagreements;
(b) If the appeal or referral
raises new or complex issues of fact or law that make it unreasonable for the
commission to give adequate consideration to the issues within the 90-day limit
the commission is not required to take final action within that time limit; or
(c) If the parties to the appeal
and the commission agree to an extension, the hearing may be continued for a
period not to exceed an additional 90 days.
(3) The director must provide written notice
of the hearing to the local government, the appellant, objectors, and
individuals requesting notice in writing. The notice must contain the date and
location of the hearing.
(4) The
director may prepare a written report to the commission on an appeal or
referral. If a report is prepared, the director must send a copy to the local
government, objectors, the appellant, and individuals requesting the report in
writing.
(5) Commission hearings
will be conducted using the following procedures:
(a) The chair will open the hearing and
explain the proceedings;
(b) The
director or designee will present an oral report regarding the nature of the
matter before the commission, an explanation of the director's decision, if
any, and other information to assist the commission in reaching a decision. If
another state agency participated in the periodic review under ORS
197.637 or
197.638, the agency may
participate in the director's oral report.
(c) Participation in the hearing is limited
to:
(A) The local government or governments
whose decision is under review;
(B) Persons who filed a valid objection to
the local decision in the case of commission hearing on a referral;
(C) Persons who filed a valid appeal of the
director's decision in the case of a commission hearing on an appeal; and
(D) Other affected local
governments.
(d)
Standing to file an appeal of a work task is governed by OAR 660-025-0150.
(e) Persons or their authorized
representative may present oral argument.
(f) The local government that submitted the
task may provide general information from the record on the task submittal and
address those issues raised in the department review, objections, or the
appeal. A person who submitted objections or an appeal may address only those
issues raised in the objections or the appeal submitted by that person. Other
affected local governments may address only those issues raised in objections
or an appeal.
(g) As provided in
ORS 197.633(3), the
commission will confine its review of evidence to the local record.
(h) The director or commission may take
official notice of law defined as:
(A) The
decisional, constitutional and public statutory law of Oregon, the United
States and any state, territory or other jurisdiction of the United States.
(B) Public and private official
acts of the legislative, executive and judicial departments of this state, the
United States, and any other state, territory or other jurisdiction of the
United States.
(C) Regulations,
ordinances and similar legislative enactments issued by or under the authority
of the United States or any state, territory or possession of the United
States.
(D) Rules of court of any
court of this state or any court of record of the United States or of any
state, territory or other jurisdiction of the United States.
(E) The law of an organization of nations and
of foreign nations and public entities in foreign nations.
(F) An ordinance, comprehensive plan or
enactment of any local government in this state, or a right derived therefrom.
Stat. Auth.: ORS
197.040 &
197.633
Stats. Implemented: ORS
197.628 -
197.646
