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, 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. The motion to intervene (see Exhibit 3) shall: (a) List the names, addresses, electronic mail addresses, and telephone numbers of all persons moving to intervene. In addition, if an attorney represents the intervenor(s), the attorney’s name, address, electronic mail addresses, and telephone number shall also be included. If an intervenor is represented by co-counsel, then one attorney shall be designated as lead counsel. See OAR 661-010-0012(3). If two or more intervenors join in a motion to intervene and are unrepresented by an attorney, then one intervenor shall be designated as the lead intervenor, but the motion to intervene shall include the names, addresses, electronic mail addresses, and telephone numbers of all such unrepresented intervenors. See OAR 661-010-0012(6)(b); (b) Identify the decision that is being challenged in the appeal for which intervention is sought by including the following: (A) The full title of the decision that is being challenged in the appeal, as it appears on the final decision; (B) The date the decision that is being challenged in the appeal became final; (C) A concise description of the decision that is being challenged in the appeal, or a copy of either the notice of decision or the decision being challenged; and (D) The appeal number assigned to the appeal by the Board, if one has been assigned as of the date of the filing of the motion to intervene. (c) State whether the party is intervening on the side of the petitioner or the respondent; (d) State the facts which show the party is entitled to intervene, supporting the statement with affidavits or other proof; (e) On the last page, be signed by each intervenor, or the attorney representing that intervenor, on whose behalf the motion to intervene is filed; and (f) Be served upon the Board and all parties. (3) Filing Fee: A motion to intervene shall be accompanied by a filing fee of $200 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. (6) Intervenor’s Brief: (a) An intervenor-petitioner’s 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. (b) An intervenor-respondent’s 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. (c) Co-intervenors who file a single motion to intervene shall be limited to a single joint intervenor-petitioner’s or intervenor-respondent’s brief, as appropriate, and a single joint cross-petition for review or response to a cross-petition for review, as appropriate. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]