Or. Admin. R. 660-025-0250 - Transfer of Matters to the Land Use Board of Appeals

(1) The director may elect to transfer a matter to the Land Use Board of Appeals (board) under ORS 197.825(2)(c)(A), including but not limited to an appeal of the director's decision pursuant to OAR 660-025-0150(6).

(2) The director may transfer matters to the board when:

(a) The matter is an urban growth boundary expansion approved by the local government based on a quasi-judicial land use application and does not require an interpretation of first impression of statewide planning Goal 14, ORS 197.296 or 197.298; or

(b)

(A) The matter concerns a provision of law not directly related to compliance with a statewide planning goal;

(B) The matter is an appeal of the director's decision and concerns a clearly identified provision of the work task submittal that is alleged to violate a provision of law and clearly identifies the provision of law that is alleged to have been violated; and

(C) The matter is sufficiently well-defined such that it can be separated from other issues in the work task that are not transferred to the board.

(3) When the director elects to transfer a matter to the board, notice of the decision must be sent to the local jurisdiction, the appellant, any objectors, and the board. The notice shall include identification of the matter to be transferred and explanation of the procedures and deadline for appeal of the matter to the board.

(4) The director's decision under this rule is final and may not be appealed.

Notes

Or. Admin. R. 660-025-0250

LCDD 4-2006, f. & cert. ef. 5-15-06; LCDD 4-2012, f. & cert. ef. 2-14-12

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.825