OAR 589-005-0300: Boundary Changes

(1) The Commission shall constitute the boundary board for community college districts. The Commission on its own motion or on petition from a petitioning territory may propose changes in the boundaries of a community college district. The Commission must find that the proposed change will have no substantially adverse effect upon the ability of the affected districts to provide and continue their program and is not made solely for tax advantages to property owners in the district or area affected by the proposed change. (2) Petitions for community college boundary changes shall contain the following information: (a) A statement describing and map of the boundary change requested; (b) A full and complete description of the area proposed to be included within or excluded from the community college district. The area description may be by counties, cities, school districts, metes and bounds, or by any combination of these methods; (c) A statement whether or not an area proposed to be included is within the boundaries of another community college district; (d) A maximum of three persons as chief petitioners setting forth their names and mailing addresses; (e) Verification on the face of each sheet of the petition by the affidavit of the person who circulated the sheet, stating that every person who signed the sheet did so in his or her presence and that he or she believes that each signer stated his or her correct residence address and is a registered elector ; and (f) The minimum number of signatures required under section (6) of this rule. (3) The Commission may, at its discretion, reject the petitions if any of the conditions in subsections (2)(a) through (e) of this rule are not met. (4) The Commission may, at its discretion, request the county clerk to verify all or a sampling of the names appearing on the petition. The Commission shall pay to the county clerk any appropriate charges for such verification. The Commission may at its discretion reject the petitions if a sufficient sampling of the names is not verifiable by the county clerk because the names on the petitions cannot be read or if a sampling indicates that sufficient signers are not registered electors. (5) Petitions for community college boundary changes shall be substantially in the form provided by the Commission. (6) The minimum number of signatures required on a petition to change the boundary of a community college district shall be at least 10 percent of the qualified electors of the area seeking to be changed, or at least 500 signatures of qualified electors of the area seeking to be changed, whichever is less. (7) Where all or part of two or more counties is in the area to be changed, the number of signatures from each of such counties shall be proportionate to the relative populations of the counties or parts thereof within the area proposed to be changed. (8) Petitions must be received by the Commission by mail or hand delivery no later than 90 days after the date the first signature on the petition is recorded. The delivery of a petition by PDF attachment to email to an address specified by the Commission on or prior to the expiry date of the petition, or by mail bearing a postmark date no later than 90 days after the date the first signature on the petition was recorded, shall also be evidence of timely submission. If a petition is submitted by PDF attachment, the Commission shall not hold any hearing or take any action until the physical copies are then received. (9) Following submission and acceptance of a petition by the Commission, the Commission shall hold any public hearings required and may issue an order as described in ORS 341.565 (4).