Or. Admin. Code § 661-010-0015 - Notice of Intent to Appeal

(1) Filing of Notice:

(a) The Notice, together with one copy, and the filing fee required by section (4) of this rule, shall be filed with the Board on or before the 21st day after the date the decision sought to be reviewed becomes final or within the time provided by ORS 197.830(3)-(5). A notice of intent to appeal plan and land use regulation amendments processed pursuant to ORS 197.610 to 197.625 shall be filed with the Board on or before the 21st day after the date the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615. A Notice filed thereafter shall not be deemed timely filed, and the appeal shall be dismissed.

(b) The date of filing a notice of intent to appeal is:

(A) The date the Notice is received by the Board;

(B) The date the Notice is mailed, provided it is mailed by registered or certified mail, and the party filing the Notice has proof from the post office of such mailing date. If the date of mailing is relied upon as the date of filing, the date of the receipt stamped by the United States Postal Service showing the date mailed and the certified or registered number is the date of filing; or

(C) The date the Notice is deposited with or dispatched for delivery by a commercial delivery service, provided the party filing the Notice has proof from the commercial delivery service of such deposit or dispatch date. Proof of such deposit or dispatch date includes a receipt from the commercial delivery service showing the date the Notice is deposited with the commercial delivery service or a receipt from the commercial delivery service's online tracking service showing the date the Notice is dispatched for delivery by the commercial delivery service.

(c) If a Notice is received without payment of the fee required by section (4) of this rule, the petitioner will be given an opportunity to submit the required fee. If the filing fee is not received within the time set by the Board, the Board shall dismiss the appeal.

(d) If the Board determines that a Notice identifies more than one final decision as the subject of appeal, the Board shall notify the petitioner. The Board shall dismiss the Notice if the petitioner fails to submit within the date specified by the Board either a written election to appeal only one decision, or a separate Notice and separate filing fee, as required by section (4) of this rule, for each additional decision.

(2) Service of Notice: The Notice shall be served on the governing body, the governing body's legal counsel, and all persons identified in the Notice as required by subsection (3)(f) of this rule on or before the date the Notice is required to be filed. Service of the Notice as required by this section may be in person, by first-class or priority mail, or by commercial delivery service. However, where the local government provides only an electronic mail address for a person identified in the Notice as required by subsection (3)(f)(D), service shall be by electronic mail. Mail service is complete on deposit in the mail. Commercial delivery service is complete on deposit with or dispatch for delivery by the commercial delivery service.

(3) Contents of Notice: The Notice shall be substantially in the form set forth in Exhibit 1 and shall contain:

(a) A caption which sets forth the name(s) of the person(s) filing the Notice, identifying the person(s) as petitioner(s), and the name of the governing body, identifying the governing body as respondent;

(b) Below the caption the heading "Notice of Intent to Appeal";

(c) The full title of the decision to be reviewed as it appears on the final decision;

(d) The date the decision to be reviewed became final;

(e) A concise description of the decision to be reviewed, or a copy of either the notice of decision or the decision to be reviewed;

(f) The name, address, electronic mail address, and telephone number of each of the following:

(A) The Petitioner. The petitioner's name, address, electronic mail address, and telephone number shall be included. If an attorney represents the petitioner, then the attorney's name, address electronic mail address, and telephone number shall also be included. If the petitioner is represented by co-counsel, then one attorney shall be designated as lead counsel. See OAR 661-010-0012(3). If two or more petitioners join in a notice of intent to appeal and are unrepresented by an attorney, then one petitioner shall be designated as the lead petitioner, but the Notice shall include the names, addresses, electronic mail addresses, and telephone numbers of all such unrepresented petitioners. See OAR 661-010-0012(6)(a);

(B) The governing body and the governing body's legal counsel;

(C) The applicant, if any (and if other than the petitioner). If an applicant was represented by an attorney before the governing body, then the name, address, electronic mail address, and telephone number of the applicant's attorney shall also be included;

(D) Any other person to whom written notice of the land use decision or limited land use decision was mailed, either through the United States Postal Service, other delivery service, or by electronic mail, as shown on the governing body's records. The telephone number may be omitted for any such person.

(g) A statement advising all persons, other than the governing body, that in order to participate in the review proceeding a person must file a motion to intervene pursuant to OAR 661-010-0050.

(h) On the last page, a signature by each petitioner, or the attorney representing that petitioner, on whose behalf the Notice is filed.

(i) Proof of service upon all persons required to be named in the Notice. See Exhibit 1.

(j) A statement certified by the person who made the filing of the date and manner of document delivery. See Exhibit 1.

(4) Filing Fee: The Notice shall be accompanied by a filing fee of $300 payable to the Land Use Board of Appeals. Payment may be submitted by check, State of Oregon purchase order or money order. If a check providing the filing fee is returned for insufficient funds and the filing fee is not paid within the time set by the Board, the Board shall dismiss the appeal. Cash shall not be accepted.

Notes

Or. Admin. Code § 661-010-0015

LUBA 1-1979(Temp), f. & ef. 11-1-79; LUBA 2-1980, f. & ef. 4-29-80; LUBA 1-1983, f. & ef. 10-3-83; LUBA 1-1987, f. & ef. 12-30-87; LUBA 1-1992, f. & cert. ef. 1-21-92; LUBA 2-1992, f. & cert. ef. 3-19-92; LUBA 1-1994, f. & cert. ef. 6-22-94; LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98; LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02; LUBA 1-2009(Temp), f. & cert. ef. 8-5-09 thru 12-31-09; LUBA 2-2009, f. 12-30-09, cert. ef. 1-1-10; LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10; LUBA 1-2016, f. 12-22-16, cert. ef. 1/1/2017; LUBA 1-2021, amend filed 06/29/2021, effective 7/1/2021; LUBA 2-2022, temporary amend filed 01/26/2022, effective 2/1/2022 through 7/30/2022; LUBA 3-2022, amend filed 07/20/2022, effective 8/1/2022; LUBA 2-2024, amend filed 10/25/2024, effective 11/1/2024

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 197.820(4)

Statutes/Other Implemented: ORS 197.620, ORS 197.830(1) & ORS 197.830(9)