OAR 661-010-0015
Notice of Intent to Appeal
(1)
Filing of Notice:(a)
The Notice, together with two copies, and the filing fee and deposit for costs required by section (4) of this rule, shall be filed with the Board on or before the 21st day after the date the decision sought to be reviewed becomes final or within the time provided by ORS 197.830 (Review procedures)(3)–(5). A notice of intent to appeal plan and land use regulation amendments processed pursuant to ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes) shall be filed with the Board on or before the 21st day after the date the decision sought to be reviewed is mailed to parties entitled to notice under ORS 197.615 (Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development). A Notice filed thereafter shall not be deemed timely filed, and the appeal shall be dismissed.(b)
The date of filing a notice of intent to appeal is the date the Notice is received by the Board, or the date the Notice is mailed, provided it is mailed by registered or certified mail, and the party filing the Notice has proof from the post office of such mailing date. If the date of mailing is relied upon as the date of filing, the date of the receipt stamped by the United States Postal Service showing the date mailed and the certified or registered number is the date of filing.(c)
If a Notice is received without payment of the fee and deposit required by section (4) of this rule, the petitioner will be given an opportunity to submit the required fee and deposit. If the filing fee and deposit for costs are not received within the time set by the Board, the Board shall dismiss the appeal.(d)
If the Board determines that a Notice identifies more than one final decision as the subject of appeal, the Board shall notify the petitioner. The Board shall dismiss the Notice if the petitioner fails to submit within the date specified by the Board either a written election to appeal only one decision, or a separate Notice and separate filing fee and deposit, as required by section (4) of this rule, for each additional decision.(2)
Service of Notice: The Notice shall be served on the governing body, the governing body’s legal counsel, and all persons identified in the Notice as required by subsection (3)(f) of this rule on or before the date the notice of intent to appeal is required to be filed. Service of the Notice as required by this section may be in person or by first class mail. However, where the local government provides only an electronic mail address for a person identified in the Notice as required by subsection (3)(f)(D), service shall be by electronic mail. The date of serving such notice shall be the date of personal service, mailing, or electronic mailing.(3)
Contents of Notice: The Notice shall be substantially in the form set forth in Exhibit 1 and shall contain:(a)
A caption which sets forth the name(s) of the person(s) filing the Notice, identifying the person(s) as petitioner(s), and the name of the governing body, identifying the governing body as respondent;(b)
Below the caption the heading “Notice of Intent to Appeal”;(c)
The full title of the decision to be reviewed as it appears on the final decision;(d)
The date the decision to be reviewed became final;(e)
A concise description of the decision to be reviewed, or a copy of either the notice of decision or the decision to be reviewed;(f)
The name, address and telephone number of each of the following:(A)
The Petitioner. If the petitioner is not represented by an attorney, the petitioner’s name, address and telephone number shall be included. If an attorney represents the petitioner, the attorney’s name, address and telephone number shall be substituted for that of the petitioner. If two or more petitioners are unrepresented by an attorney, one petitioner shall be designated as the lead petitioner, but the Notice shall include the names, addresses, and telephone numbers of all such unrepresented petitioners. See OAR 661-010-0075 (Miscellaneous Provisions)(7)(a);(B)
The governing body and the governing body’s legal counsel;(C)
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 and telephone number of the applicant’s attorney shall also be included;(D)
Any other person to whom written notice of the land use decision or limited land use decision was mailed, either through the United States Postal Service or by electronic mail, as shown on the governing body’s records. The telephone number may be omitted for any such person.(g)
A statement advising all persons, other than the governing body, that in order to participate in the review proceeding a person must file a motion to intervene pursuant to OAR 661-010-0050 (Intervention).(h)
On the last page, a signature by each petitioner, or the attorney representing that petitioner, on whose behalf the Notice is filed.(i)
Proof of service upon all persons required to be named in the Notice. See Exhibit 1.(4)
Filing Fee and Deposit for Costs: The Notice shall be accompanied by a filing fee of $200 and a deposit for costs in the amount of $200 payable to the Land Use Board of Appeals. One check, State of Oregon purchase order or money order for $400 may be submitted. If a check providing the filing fee or deposit for costs or both is returned for insufficient funds and the filing fee and deposit for costs are not paid within the time set by the Board, the Board shall dismiss the appeal. Cash shall not be accepted.
Source:
Rule 661-010-0015 — Notice of Intent to Appeal, https://secure.sos.state.or.us/oard/view.action?ruleNumber=661-010-0015.