OAR 661-010-0050
Intervention
(1)
Standing to Intervene: The applicant and any person who appeared before the local government, special district or state agency may intervene in a review proceeding before the Board. Status as an intervenor is recognized when a motion to intervene is filed, but the Board may deny that status at any time.(2)
Motion to Intervene: A motion to intervene shall be filed within 21 days of the date the notice of intent to appeal is filed pursuant to OAR 661-010-0015 (Notice of Intent to Appeal), or the amended notice of intent to appeal is filed or original notice of intent to appeal is refiled pursuant to OAR 661-010-0021 (Withdrawal of Decision for Reconsideration). When two or more intervenors join in a motion to intervene and are unrepresented by an attorney, a lead intervenor shall be designated as the contact person for the purpose of receiving documents from the Board and other parties. The motion to intervene (see Exhibit 3) shall:(a)
List the names, addresses, and telephone numbers of all persons moving to intervene. If an attorney represents the intervenor(s), the attorney’s name, address and telephone number shall be substituted for that of the intervenor(s);(b)
State whether the party is intervening on the side of the petitioner or the respondent;(c)
State the facts which show the party is entitled to intervene, supporting the statement with affidavits or other proof;(d)
On the last page, be signed by each intervenor, or the attorney representing that intervenor, on whose behalf the motion to intervene is filed;(e)
Be served upon the Board and all parties.(3)
Filing Fee: A motion to intervene shall be accompanied by a filing fee of $100 for each appeal in which intervention is sought, payable to the Land Use Board of Appeals. Where multiple parties file a single joint motion to intervene, only one fee per appeal is required. If a motion to intervene is received without payment of the filing fee or a check providing the filing fee is returned for insufficient funds, the intervenor will be given an opportunity to submit the required fee. If the filing fee is not paid within the time set by the Board, the Board shall deny the motion to intervene. Cash shall not be accepted.(4)
Intervention in an appeal that is consolidated with other appeals does not allow the intervenor to appear as a party with respect to those appeals in which the intervenor has not filed a timely motion to intervene.(5)
Parties who have already intervened in an appeal need not file new motions to intervene when an amended notice of intent to appeal is filed or the original notice of intent to appeal is refiled pursuant to OAR 661-010-0021 (Withdrawal of Decision for Reconsideration).(6)
Intervenor’s Brief:(a)
If intervention is sought as a petitioner, the brief shall be filed within the time limit for filing the petition for review, and shall satisfy the requirements for a petition for review in OAR 661-010-0030 (Petition for Review).(b)
If intervention is sought as a respondent, the brief shall be filed within the time for filing a respondent’s brief and shall satisfy the requirements for a respondent’s brief in OAR 661-010-0035 (Respondent’s Brief).(c)
Co-intervenors who file a single motion to intervene shall be limited to a single joint petition for review or response brief, as appropriate, and a single joint cross-petition for review or response to a cross-petition for review, as appropriate.
Source:
Rule 661-010-0050 — Intervention, https://secure.sos.state.or.us/oard/view.action?ruleNumber=661-010-0050.