OAR 660-025-0085: Commission Hearings Notice and Procedures

(1) Hearings before the commission on a referral of a local government submittal of a work program or hearings on referral or appeal of a work task must be noticed and conducted in accordance with this rule. (2) The commission shall take final action on an appeal or referral of a completed work task within 90 days of the date the appeal was filed or the director issued notice of the referral unless: (a) At the request of a local government and a person who files a valid objection or appeals the director’s decision, the department may provide mediation services to resolve disputes related to the appeal. Where mediation is underway, the commission shall delay its hearing until the mediation process is concluded or the director, after consultation with the mediator, determines that mediation is of no further use in resolution of the work program or work task disagreements; (b) If the appeal or referral raises new or complex issues of fact or law that make it unreasonable for the commission to give adequate consideration to the issues within the 90-day limit the commission is not required to take final action within that time limit; or (c) If the parties to the appeal and the commission agree to an extension, the hearing may be continued for a period not to exceed an additional 90 days. (3) The director must provide written notice of the hearing to the local government, the appellant, objectors, and individuals requesting notice in writing. The notice must contain the date and location of the hearing. (4) The director may prepare a written report to the commission on an appeal or referral. If a report is prepared, the director must send a copy to the local government, objectors, the appellant, and individuals requesting the report in writing. (5) Commission hearings will be conducted using the following procedures: (a) The chair will open the hearing and explain the proceedings; (b) The director or designee will present an oral report regarding the nature of the matter before the commission, an explanation of the director’s decision, if any, and other information to assist the commission in reaching a decision. If another state agency participated in the periodic review under ORS 197.637 or 197.638, the agency may participate in the director’s oral report. (c) Participation in the hearing is limited to: (A) The local government or governments whose decision is under review; (B) Persons who filed a valid objection to the local decision in the case of commission hearing on a referral; (C) Persons who filed a valid appeal of the director’s decision in the case of a commission hearing on an appeal; and (D) Other affected local governments. (d) Standing to file an appeal of a work task is governed by OAR 660-025-0150. (e) Persons or their authorized representative may present oral argument. (f) The local government that submitted the task may provide general information from the record on the task submittal and address those issues raised in the department review, objections, or the appeal. A person who submitted objections or an appeal may address only those issues raised in the objections or the appeal submitted by that person. Other affected local governments may address only those issues raised in objections or an appeal. (g) As provided in ORS 197.633(3), the commission will confine its review of evidence to the local record. (h) The director or commission may take official notice of law defined as: (A) The decisional, constitutional and public statutory law of Oregon, the United States and any state, territory or other jurisdiction of the United States. (B) Public and private official acts of the legislative, executive and judicial departments of this state, the United States, and any other state, territory or other jurisdiction of the United States. (C) Regulations, ordinances and similar legislative enactments issued by or under the authority of the United States or any state, territory or possession of the United States. (D) Rules of court of any court of this state or any court of record of the United States or of any state, territory or other jurisdiction of the United States. (E) The law of an organization of nations and of foreign nations and public entities in foreign nations. (F) An ordinance, comprehensive plan or enactment of any local government in this state, or a right derived therefrom.