Or. Admin. Code § 661-010-0021 - Withdrawal of Decision for Reconsideration
(1)
If a local government or state agency, pursuant to ORS 197.830(13)(b),
withdraws a decision for the purposes of reconsideration, it shall file a
notice of withdrawal with the Board on or before the date the record is due or,
on appeal of a decision under ORS 197.610 to 197.625 or relating to the
development of a residential structure, the local government shall file a
notice of withdrawal prior to the filing of the respondent's brief. A copy of
the decision on reconsideration shall be filed with the Board within 90 days
after the filing of the notice of withdrawal or within such other time as the
Board may allow.
(2) The filing of
a notice of withdrawal under section (1) of this rule shall suspend proceedings
on the appeal until a decision on reconsideration is filed with the Board, or
the time designated therefor expires, unless otherwise ordered by the Board. If
no decision on reconsideration is filed within the time designated therefor,
the Board shall issue an order restarting the appeal.
(3) A copy of the decision on reconsideration
under section (1) of this rule shall be filed with the Board within 7 days
after the local government or state agency issues the decision on
reconsideration and copies of the decision on reconsideration shall be served
on all parties. The first page of the decision on reconsideration, or an
accompanying transmittal letter, shall indicate the title and case number of
the pending appeal before the Board.
(4) Petitioner(s) may seek review of the
decision on reconsideration as provided in section (5) of this rule. Any other
person may file a notice of intent to appeal the decision on reconsideration as
provided in OAR 661-010-0015. If such an appeal is filed, and a petitioner
files an amended notice of intent to appeal or refiles the original notice of
intent to appeal as provided in section (5) of this rule, any party may move to
consolidate the appeals challenging the decision on reconsideration as provided
in OAR 661-010-0055.
(5) After the
filing of a decision on reconsideration:
(a)
If the petitioner wishes review by the Board of the decision on
reconsideration:
(A) Except as provided in
paragraph (B) of this subsection, the petitioner shall file an amended notice
of intent to appeal together with one copy within 21 days after the decision on
reconsideration is received by the Board.
(B) In the event the local government or
state agency affirms its decision or modifies its decision with only minor
revisions, the petitioner may refile the original notice of intent to appeal,
with the date of the decision on reconsideration indicated thereon, together
with two copies within 21 days after the decision on reconsideration is
received by the Board.
(b) Refiling of the original notice of intent
to appeal or filing of an amended notice of intent to appeal is accomplished by
mailing by first-class, priority, certified, or registered mail, or depositing
with or dispatching for delivery by a commercial delivery service, on or before
the due date.
(c) An amended notice
of intent to appeal or a refiled notice of intent to appeal under paragraphs
(A) and (B) of subsection (5)(a) of this rule shall conform with the
requirements of OAR 661-010-0015(3) and shall be served on the following:
(A) All parties to the appeal suspended
pursuant to section (2) of this rule;
(B) 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;
(C) Any other person to whom written notice
of the original or reconsidered 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.
(d) No additional filing fee or deposit for
costs (if a deposit was required to file the original notice of intent to
appeal) shall be required to refile the original notice of intent to appeal or
file an amended notice of intent to appeal under subsection (5)(a) of this
rule.
(e) If no amended notice of
intent to appeal is filed or no original notice of intent to appeal is refiled,
as provided in subsection (5)(a) and (b) of this rule, the appeal will be
dismissed.
(f) Parties who have
already intervened in the appeal need not file new motions to intervene when an
amended notice of intent to appeal is filed or the original notice of intent to
appeal is refiled.
(6)
The local government or state agency shall, within 21 days after service of the
amended notice of intent to appeal or refiled original notice of intent to
appeal under subsection (5)(a) of this rule, transmit to the Board a certified
copy of the record of the proceeding under review in accordance with OAR
661-010-0025. The record submitted by the local government or state agency in
an appeal of a decision on reconsideration shall include the record of the
original decision and the decision on reconsideration.
Notes
Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(13)(b)
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