Or. Admin. Code § 660-001-0230 - Commission Hearing

(1) Only the director, or department staff on the director's behalf, the applicant and the affected local government may submit written or oral testimony concerning whether the commission should approve the director's request to file or pursue an appeal, or an intervention in an appeal, of a land use decision, expedited land division or limited land use decision.

(2) Unless the director allows a closer deadline, written testimony must be submitted at least five days before the commission meeting to be provided to commission members in advance of the meeting. Written testimony shall be no more than five pages, including any attachments, and must be received in the Department's Salem office to be "submitted" by the deadline. If the time to submit written testimony under these rules falls on a Saturday, Sunday, or state legal holiday, the time to perform the obligation shall be shortened to the next day preceding that is not a Saturday, Sunday, or state legal holiday.

(3) Written and oral testimony and the commission's decision to approve or deny the director's request shall be based on one, or more, of the following factors:

(a) Whether the case will require interpretation of a statewide planning statute, goal, or rule;

(b) Whether a ruling in the case will serve to clarify state planning law;

(c) Whether the case has important enforcement value;

(d) Whether the case concerns a significant natural, cultural, or economic resource;

(e) Whether the case advances the objectives of the agency's Strategic Plan; or

(f) Whether there is a better way to accomplish the objective of the appeal, such as dispute resolution, enforcement proceedings, or technical assistance.

(4) The Chair shall limit the amount of time each speaker may testify, and shall exclude written or oral testimony not relevant to the factors in OAR 660-001-0230(3).

(5) Unless the Chair establishes a different order, oral testimony will be presented in the following sequence:

(a) Director, and/or department staff;

(b) Applicant;

(c) Affected local government; and

(d) Director, and/or department staff.

(6) No rebuttal or response is permitted, although the commissioners may question the director, department staff, the applicant, and the affected local government regarding the factors during the commission's deliberations.

Notes

Or. Admin. Code § 660-001-0230

LCDD 1-2000, f. & cert. ef. 1-24-00; LCDD 12-2010, f. & cert. ef. 12-8-10

Stat. Auth.: ORS 197.040(1)(c)

Stats. Implemented: ORS 197.090