ORS 197A.507
Procedure for review of established criteria
(1)
Notwithstanding ORS 183.400 (Judicial determination of validity of rule), 183.482 (Jurisdiction for review of contested cases), 183.484 (Jurisdiction for review of orders other than contested cases), 197.825 (Jurisdiction of board) or any other law or regulation, exclusive jurisdiction to review a Land Conservation and Development Commission order establishing criteria under ORS 197A.505 (Establishment of criteria for decisions in land use final order) is conferred on the Supreme Court.(2)
Proceedings for review of an order by the commission shall be initiated when any person who is adversely affected by the order files a petition for judicial review with the State Court Administrator. The petition must:(a)
Be filed within seven days following the date of the written notice of the order;(b)
State the nature of the order and the manner in which the commission rejected the position raised by the petitioner before the commission; and(c)
Contain an affidavit stating facts that show how the petitioner is adversely affected by the order.(3)
The petitioner shall personally deliver copies of the petition for judicial review to:(a)
The commission, at the Salem office of the Department of Land Conservation and Development;(b)
The Salem office of the Department of Transportation;(c)
The Attorney General;(d)
The Metro Council, at the office of Metro’s executive officer;(e)
TriMet, at the office of TriMet’s general manager; and(f)
Each affected local government.(4)
Within seven days following filing of the petition for judicial review, the commission shall personally deliver or electronically submit to the State Court Administrator a certified copy of the record of the criteria proceedings. The record shall include only:(a)
The published notice of public hearing;(b)
The proposed criteria submitted as described in ORS 197A.505 (Establishment of criteria for decisions in land use final order) (6)(b) and by written testimony submitted to the commission at the hearing;(c)
Any written report received by the commission from the Department of Land Conservation and Development at the hearing;(d)
Minutes of the hearing;(e)
The order establishing the criteria; and(f)
Proof of mailing to persons entitled to written notice of the order and the criteria under ORS 197A.505 (Establishment of criteria for decisions in land use final order) (9)(b).(5)
Within 14 days following the filing of the petition for judicial review, the petitioner shall file a petitioner’s brief with the State Court Administrator. The brief must comply with the specifications for opening briefs set forth in the rules of appellate procedure. The petitioner shall personally deliver a copy of the brief to:(a)
The Attorney General;(b)
The Metro Council, at the office of Metro’s executive officer;(c)
TriMet, at the office of TriMet’s general manager; and(d)
Each affected local government.(6)
The court shall consider the petitioner to be adversely affected if:(a)
The petitioner provided oral or written testimony at the hearing; and(b)
The petitioner proposed criteria in the manner described in ORS 197A.505 (Establishment of criteria for decisions in land use final order) (6)(b) that the commission rejected in its order or the petitioner, in the petitioner’s testimony at the hearing, opposed the criteria that the commission established in its order.(7)
Within 28 days following the filing of the petition for judicial review, an answering brief complying with the rules of appellate procedure may be filed by any of the following:(a)
The commission;(b)
Metro, unless Metro is the petitioner;(c)
TriMet, unless TriMet is the petitioner;(d)
The Department of Transportation, unless the Department of Transportation is the petitioner; or(e)
Any affected local government, unless the local government is the petitioner.(8)
The court shall decide the matter at its earliest practicable convenience, consistent with ORS 197A.500 (Definitions for ORS 197A.500 to 197A.521) to 197A.521 (Failure to meet timeline). The court may decide the matter on the briefs or it may hold oral arguments.(9)
Intentionally left blank —Ed.(a)
The court may reverse or remand the order only if the court finds that the order:(A)
Violates constitutional provisions;(B)
Exceeds the statutory authority of the commission; or(C)
Was adopted by the commission without substantial compliance with the procedures in ORS 197A.505 (Establishment of criteria for decisions in land use final order) or in a manner that prejudiced the substantial rights of the petitioner.(b)
Failure of the commission to notify a person entitled to written notice under ORS 197A.505 (Establishment of criteria for decisions in land use final order) (9)(b) is not grounds for reversal or remand if the commission provides evidence of mailing the notice to that person.(c)
The court may not substitute its judgment for that of the commission as to any issue of fact or as to any issue within the discretion of the commission.(10)
The court may not stay any action by the Metro Council under ORS 197A.500 (Definitions for ORS 197A.500 to 197A.521) to 197A.521 (Failure to meet timeline) pending the court’s review under this section. [2017 c.714 §5]
Source:
Section 197A.507 — Procedure for review of established criteria, https://www.oregonlegislature.gov/bills_laws/ors/ors197A.html.
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