OAR 660-003-0050
Review Upon Remand or Reversal from Oregon Court of Appeals or Oregon Supreme Court
(1)
The commission shall reconsider an acknowledgment request as a result of a remand or reversal from the Oregon Court of Appeals or Oregon Supreme Court within 90 days of the date the decision becomes final. The director shall review the Court’s decision and make written recommendations to the commission regarding any additional planning work that is required for acknowledgment of compliance with the goals as a result of the Court’s decision.(2)
The director’s recommendations shall be sent out at least 14 days before the commission’s reconsideration of the acknowledgment request subject to the Court’s remand or reversal. The director’s recommendations shall be sent to the applicable local government, local coordination body, parties on appeal and those persons who, according to the department’s records, were mailed a copy of the commission’s acknowledgment or continuance order subject to the Court’s remand or reversal.(3)
The persons mailed a copy of the director’s recommendations under section (2) of this rule shall have ten calendar days from the date of mailing of the director’s recommendations to file with the director written exceptions to those recommendations.(4)
The director may submit a written or oral opinion to the commission regarding exceptions submitted to the commission concerning the remand or reversal.(5)
The commission may allow any person who received a copy of the director’s recommendation under section (1) of this rule or who filed written exceptions within the time period set forth in section (3) of this rule to appear before the commission to present oral comments on the director’s recommendation or their written exceptions. The commission shall not allow additional evidence to be presented which was not part of the record of the commission’s initial acknowledgment review subject to the Court’s remand or reversal.(6)
The commission may allow any interested person who was not mailed a copy of the director’s recommendation or did not file a written exception pursuant to sections (1) and (3) of this rule to comment on the director’s recommendation or submitted written exceptions.(7)
Following review of the director’s recommendation and any exceptions, the commission shall enter a continuance order for those parts of the comprehensive plan or land use regulations for which the court determined that goal compliance had not been demonstrated. The commission may also enter a limited acknowledgment order for parts of the comprehensive plan and land use regulations not affected by the continuance order.(8)
The commission’s review of corrections made pursuant to an order issued pursuant to section (7) of this rule will be conducted in accordance with the requirements of OAR 660-003-0025 (Acknowledgment Review) or 660-003-0033 (Expedited Notice Procedure for Acknowledgment).
Source:
Rule 660-003-0050 — Review Upon Remand or Reversal from Oregon Court of Appeals or Oregon Supreme Court, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-003-0050.