Or. Admin. Code § 661-010-0025 - Record
(1) Contents of Record: Unless the Board
otherwise orders, or the parties otherwise agree in writing, the record shall
include at least the following:
(a) The final
decision including any findings of fact and conclusions of law.
(b) All written testimony and all exhibits,
maps, documents or other materials specifically incorporated into the record or
placed before, and not rejected by, the final decision maker, during the course
of the proceedings before the final decision maker.
(c) Minutes and tape, CD, DVD or other media
recordings of the meetings conducted by the final decision maker, if created by
the final decision maker or incorporated into the record by the final decision
maker. A verbatim transcript of media recordings shall not be required, but if
a transcript has been prepared by the governing body, it shall be
included.
(d) Notices of proposed
action, public hearing and adoption of a final decision, if any, published,
posted or mailed during the course of the land use proceeding, including
affidavits of publication, posting or mailing. Such notices shall include any
notices concerning amendments to acknowledged comprehensive plans or land use
regulations given pursuant to ORS 197.610(1) or 197.615(1) and (2).
(2) Transmittal of Record:
(a) The governing body shall, within 21 days
after service of the Notice on the governing body, transmit to the Board a
certified paper copy of the record of the proceeding under review. The
governing body may, however, retain any large maps, media recordings, or
difficult-to-duplicate documents and items until the date of oral argument.
Where documents are retained until the date of oral argument, those retained
documents shall be identified in the table of contents, as provided in OAR
661-010-0025(4)(B). Transmittal of the record 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.
(b) As an alternative to
transmitting a certified paper copy of the record, a local government may
transmit the record to the Board in electronic format. Transmittal of an
electronic copy is accomplished by mailing by first-class, priority, certified,
or registered mail, or depositing with or dispatching for delivery by a
commercial delivery service, two complete copies of the record on optical disks
or flash drive, with documents recorded in a PDF format, on or before the due
date. If the record exceeds 100 pages, the electronic copy shall be searchable.
A local government may transmit the record in electronic form, and also retain
items until oral argument as described in OAR 661-010-0025(2)(a).
(3) Service of Record:
(a) Contemporaneously with transmittal, the
governing body shall serve a copy of the record in the format that it was
transmitted to the Board, exclusive of large maps, media recordings, and
difficult-to-duplicate documents and items, on all parties to the appeal. The
governing body shall also serve a copy of any media recording included in the
record, or any recording from which a transcript included in the record was
prepared, on all parties to the appeal.
(b) By prior agreement of the party to be
served, service of the record as described in OAR 661-010-0025(3)(a) may be in
a format that differs from how the record was transmitted to the
Board.
(4)
Specifications of Record:
(a) The record,
including any supplements or amendments, shall:
(A) Be filed in a suitable folder; the cover
shall bear the title of the case as it appears in the Notice or in the Board's
order consolidating multiple appeals, and the Board's numerical designation for
the case, and shall indicate the numerical designation given the land use
decision or limited land use decision by the governing body; if the record
consists of multiple volumes, the cover shall indicate the page numbers
contained in each volume;
(B) Begin
with a table of contents, listing each item contained therein, and the page of
the record where the item begins. See Exhibit 2.
(i) Where an item listed in the table of
contents includes attached exhibits, the exhibits shall be separately listed as
an exhibit to the item. Where the exhibit is also a document that is being
retained under OAR 661-010-0025(2), the exhibit shall also be listed at the end
of the table of contents as provided in subsection (ii) below.
(ii) Where large maps, media recordings, or
other items or documents are retained by the governing body under section (2)
of this rule, those retained items shall be separately listed at the end of the
table of contents;
(C)
Be securely fastened on the left side;
(D) Have pages numbered consecutively, with
the page number at the bottom outside corner of each page;
(E) Be arranged in inverse chronological
order, with the most recent item first. Exhibits attached to a record item
shall be included according to the numerical or alphabetical order in which
they are attached, not the date of the exhibits. Upon motion of the governing
body, the Board may allow the record to be organized differently.
(b) Where the record includes the
record of a prior appeal to this Board, the table of contents shall specify the
LUBA number of the prior appeal, and indicate that the record of the prior
appeal is incorporated into the record of the current appeal.
(c) A record that does not substantially
conform to the preceding requirements may be rejected by the Board.
(5) If no record objection is
filed and the governing body transmits an amendment to the record, the date the
amendment is received by the Board shall be considered the date the record is
received for the purpose of computing time limits as required by these
rules.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 197.820(4)
Statutes/Other Implemented: ORS 197.830(10)(a), ORS 197.830(14) & ORS 197.835
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.