OAR 660-003-0025
Acknowledgment Review
(1)
When an acknowledgment request, corrections submitted pursuant to a commission’s continuance order or a new acknowledgement request subsequent to a commission’s denial order has been received by the director, the department shall conduct an evaluation of the submitted plan, ordinances or land use regulations in order to advise the commission whether or not they comply with the Statewide Planning Goals. The department may investigate and resolve issues raised in the comments and objections or upon the department’s own review of the comprehensive plan and land use regulations. The department may collect or develop evidence which rebuts any supporting documents, comments, objections or evidence submitted pursuant to OAR 660-003-0010 (Acknowledgment Procedures)(2) or 660-003-0020 (Comments and Objections)(1). The results of this evaluation including response to all objections timely submitted shall be set forth in a written report. However, the failure to respond to an objection which was timely filed shall not be grounds for invalidation of a commission order issued under this rule. Copies of the department’s report shall be sent to the local government requesting acknowledgment, the local coordination body, any person who has in writing commented or objected to the acknowledgment request, within the time period required by 660-003-0020 (Comments and Objections)(1), and any other person requesting a copy in writing. The department shall send out copies of the report on an acknowledgment request at least 21 days before commission review of the acknowledgment request. However, the department shall send out copies of the report on corrections submitted pursuant to a commission’s continuance order at least 14 days before commission review of such request.(2)
The local government, persons who have submitted written comments or objections under OAR 660-003-0020 (Comments and Objections)(1) or persons who own property which is the subject of site specific objections received under 660-003-0020 (Comments and Objections)(1) shall have ten calendar days from the date of mailing of the department’s report to file written exceptions to that report. Except as provided in section (3) of this rule, written exceptions shall not include additional evidence. Persons or local governments submitting exceptions are urged to file a copy with the affected local government and persons who submitted comments or objections. The department shall promptly submit exceptions to the commission.(3)
Written exceptions to the department’s report filed pursuant to section (2) of this rule may include evidence to rebut any additional evidence submitted pursuant to OAR 660-003-0020 (Comments and Objections)(1) or developed by the department pursuant to section (1) of this rule. Written exceptions which include rebuttal evidence pursuant to this section, shall clearly identify the additional evidence being rebutted and shall be limited to rebuttal evidence. Final rebuttal evidence allowed under this section shall not create a right to submit additional evidence to the commission under section (5) of this rule.(4)
The department may submit a written or oral opinion to the commission regarding any evidence, comments, objections, or exceptions submitted to the commission concerning an acknowledgment request. Persons submitting comments, objections, or exceptions within the time periods set forth in OAR 660-003-0020 (Comments and Objections)(1) or section (2) of this rule shall be permitted to submit evidence to rebut any new evidence submitted for the first time pursuant to section (3) of this rule.(5)
The commission may allow any person who filed written comments or objections within the time period set forth in OAR 660-003-0020 (Comments and Objections)(1) to appear before the commission to present oral argument on their written comments, objections or exceptions. The commission shall not allow any additional evidence and testimony that could have been presented to the local government or to the director in accordance with 660-003-0020 (Comments and Objections)(1) or section (3) of this rule, but was not. Any new evidence submitted during, or as part of, oral argument shall not be considered by the commission unless the commission determines that such evidence could not have been presented to the local government or to the director in accordance with 660-003-0020 (Comments and Objections)(1) or section (3) of this rule.(6)
The commission may allow any interested person who has not filed written comments or objections pursuant to OAR 660-003-0020 (Comments and Objections) to comment on evidence, testimony or the director’s report that has already been presented to the commission. Such comments shall not be part of the record before the commission and shall not be considered comments or objections submitted pursuant to ORS 197.251 (Compliance acknowledgment)(2).(7)
At the time of consideration of the acknowledgment request, the commission shall either grant, continue, postpone for extenuating circumstances or deny the acknowledgment request, or any combination of these actions including partial acknowledgment, pursuant to ORS 197.251 (Compliance acknowledgment)(1).(8)
Commission orders for acknowledgment, continuance or denial shall be provided to the local government requesting acknowledgment, and persons who filed comments or objections.(9)
When the commission resumes its consideration of the acknowledgment request, submitted subsequent to a continuance order, it shall limit its review to a determination of whether the corrections submitted bring the acknowledgment submission into compliance with the Statewide Planning Goals found not to be complied with in the previous review, unless compliance with other goals is affected by the corrections.
Source:
Rule 660-003-0025 — Acknowledgment Review, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-003-0025.