Or. Admin. R. 660-025-0160 - Commission Review of Referrals and Appeals (Work Task Phase)
(1) The commission
shall hear appeals and referrals of work tasks or other plan amendments
according to the applicable procedures in OAR 660-025-0085 and 660-025-0150.
(2) The commission's standard of
review, as provided in ORS
197.633(3), is:
(a) For evidentiary issues, whether there is
substantial evidence in the record as a whole to support the local government's
decision.
(b) For procedural
issues, whether the local government failed to follow the procedures applicable
to the matter before the local government in a manner that prejudiced the
substantial rights of a party to the proceeding.
(c) For issues concerning compliance with
applicable laws, whether the local government's decision on the whole complies
with applicable statutes, statewide land use planning goals, administrative
rules, the comprehensive plan, the regional framework plan, the functional plan
and land use regulations. The commission shall defer to a local government's
interpretation of its comprehensive plan or land use regulation in the manner
provided in ORS 197.829 or to Metro's
interpretation of its regional framework plan or functional plans. For purposes
of this subsection, "complies" has the meaning given the term "compliance" in
the phrase "compliance with the goals" in ORS
197.747.
(3) In response to a referral or appeal, the
director may prepare and submit a report to the commission.
(4) The department must send a copy of the
report to the local government, all persons who submitted objections, and other
persons who appealed the director's decision. The department must send the
report at least 21 days before the commission meeting to consider the referral
or appeal.
(5) The persons
specified in OAR 660-025-0085(5)(c) may file written exceptions to the
director's report within 10 days of the date the report is sent. Objectors may
refer to or append to their exceptions any document from the local record,
whether or not the local government submitted it to the department under OAR
660-025-0130. The director may issue a response to exceptions and may make
revisions to the director's report in response to exceptions. The department
may provide the commission a response or revised report at or prior to its
hearing on the referral or appeal. A revised director's report is not required
to be sent at least 21 days prior to the commission hearing.
(6) The commission shall hear appeals based
on the local record. The written record shall consist of the submittal, timely
objections, the director's report, timely exceptions to the director's report
including materials described in section (5) of this rule, the director's
response to exceptions and revised report if any, and the appeal if one was
filed.
(7) Following its hearing,
the commission must issue an order that does one or more of the following:
(a) Approves the work task or plan amendment
or a portion of the task or plan amendment;
(b) Remands the work task or plan amendment
or a portion of the task or plan amendment to the local government, including,
for a work task only, a date for resubmittal;
(c) Requires specific plan or land use
regulation revisions to be completed by a specific date. Where specific
revisions are required, the order shall specify that no further review is
necessary. These changes are final when adopted by the local government. The
failure to adopt the required revisions by the date established in the order
shall constitute failure to complete a work task or plan amendment by the
specified deadline requiring the director to initiate a hearing before the
commission according to the procedures in OAR 660-025-0170(3);
(d) Amends the work program to add a task
authorized under OAR 660-025-0170(1)(b); or
(e) Modifies the schedule for the approved
work program in order to accommodate additional work on a remanded work task.
(8) If the commission
approves the work task or plan amendment or portion of a work task or plan
amendment under subsection (7)(a) of this rule and no appeal to the Court of
Appeals is filed within the time provided in ORS
197.651, the work task or plan
amendment or portion of a work task or plan amendment shall be deemed
acknowledged. If the commission decision on a work task or plan amendment is
under subsection (7)(b) through (e) of this rule and no appeal to the Court of
Appeals is filed within the time provided in ORS
197.651, the decision is
final.
Notes
Stat. Auth.: ORS 197.040 & 197.633
Stats. Implemented: ORS 197.626 - 197.646
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