OAR 660-025-0160
Commission Review of Referrals and Appeals (Work Task Phase)
(1)
The commission shall hear appeals and referrals of work tasks or other plan amendments according to the applicable procedures in OAR 660-025-0085 (Commission Hearings Notice and Procedures) and 660-025-0150 (Director Action and Appeal of Director Action (Work Task Phase)).(2)
The commission’s standard of review, as provided in ORS 197.633 (Two phases of periodic review)(3), is:(a)
For evidentiary issues, whether there is substantial evidence in the record as a whole to support the local government’s decision.(b)
For procedural issues, whether the local government failed to follow the procedures applicable to the matter before the local government in a manner that prejudiced the substantial rights of a party to the proceeding.(c)
For issues concerning compliance with applicable laws, whether the local government’s decision on the whole complies with applicable statutes, statewide land use planning goals, administrative rules, the comprehensive plan, the regional framework plan, the functional plan and land use regulations. The commission shall defer to a local government’s interpretation of its comprehensive plan or land use regulation in the manner provided in ORS 197.829 (Board to affirm certain local government interpretations) or to Metro’s interpretation of its regional framework plan or functional plans. For purposes of this subsection, “complies” has the meaning given the term “compliance” in the phrase “compliance with the goals” in ORS 197.747.(3)
In response to a referral or appeal, the director may prepare and submit a report to the commission.(4)
The department must send a copy of the report to the local government, all persons who submitted objections, and other persons who appealed the director’s decision. The department must send the report at least 21 days before the commission meeting to consider the referral or appeal.(5)
The persons specified in OAR 660-025-0085 (Commission Hearings Notice and Procedures)(5)(c) may file written exceptions to the director’s report within 10 days of the date the report is sent. Objectors may refer to or append to their exceptions any document from the local record, whether or not the local government submitted it to the department under OAR 660-025-0130 (Submission of Completed Work Task). The director may issue a response to exceptions and may make revisions to the director’s report in response to exceptions. The department may provide the commission a response or revised report at or prior to its hearing on the referral or appeal. A revised director’s report is not required to be sent at least 21 days prior to the commission hearing.(6)
The commission shall hear appeals based on the local record. The written record shall consist of the submittal, timely objections, the director’s report, timely exceptions to the director’s report including materials described in section (5) of this rule, the director’s response to exceptions and revised report if any, and the appeal if one was filed.(7)
Following its hearing, the commission must issue an order that does one or more of the following:(a)
Approves the work task or plan amendment or a portion of the task or plan amendment;(b)
Remands the work task or plan amendment or a portion of the task or plan amendment to the local government, including, for a work task only, a date for resubmittal;(c)
Requires specific plan or land use regulation revisions to be completed by a specific date. Where specific revisions are required, the order shall specify that no further review is necessary. These changes are final when adopted by the local government. The failure to adopt the required revisions by the date established in the order shall constitute failure to complete a work task or plan amendment by the specified deadline requiring the director to initiate a hearing before the commission according to the procedures in OAR 660-025-0170 (Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines)(3);(d)
Amends the work program to add a task authorized under OAR 660-025-0170 (Modification of an Approved Work Program, Extensions, and Sanctions for Failure to Meet Deadlines)(1)(b); or(e)
Modifies the schedule for the approved work program in order to accommodate additional work on a remanded work task.(8)
If the commission approves the work task or plan amendment or portion of a work task or plan amendment under subsection (7)(a) of this rule and no appeal to the Court of Appeals is filed within the time provided in ORS 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission), the work task or plan amendment or portion of a work task or plan amendment shall be deemed acknowledged. If the commission decision on a work task or plan amendment is under subsection (7)(b) through (e) of this rule and no appeal to the Court of Appeals is filed within the time provided in ORS 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission), the decision is final.
Source:
Rule 660-025-0160 — Commission Review of Referrals and Appeals (Work Task Phase), https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-025-0160.