ORS 195.314: Notice of claim; evidence and argument; record on review; final determination.

Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07

(1) A public entity that receives a complete claim as described in ORS 195.312 shall provide notice of the claim at least 30 days before a public hearing on the claim or, if there will not be a public hearing, at least 30 days before the deadline for submission of written comments, to: (a) All owners identified in the claim; (b) All persons described in ORS 197.797 (2); (c) The Department of Land Conservation and Development, unless the claim was filed with the department; (d) Metro, if the property is located within the urban growth boundary of Metro; (e) The county in which the property is located, unless the claim was filed with the county; and (f) The city, if the property is located within the urban growth boundary or adopted urban planning area of the city. (2) The notice required under subsection (1) of this section must describe the claim and state: (a) Whether a public hearing will be held on the claim, the date, time and location of the hearing, if any, and the final date for submission of written evidence and arguments relating to the claim; (b) That judicial review of the final determination of a public entity on the claim is limited to the written evidence and arguments submitted to the public entity; and (c) That judicial review is available only for issues that are raised with sufficient specificity to afford the public entity an opportunity to respond. (3) Except as provided in subsection (4) of this section, written evidence and arguments in proceedings on the claim must be submitted to the public entity not later than: (a) The close of the final public hearing on the claim; or (b) If a public hearing is not held, the date that is specified by the public entity in the notice required under subsection (1) of this section. (4) The claimant may request additional time to submit written evidence and arguments in response to testimony or submittals. The request must be made before the close of testimony or the deadline for submission of written evidence and arguments. (5) A public entity shall make the record on review of a claim, including any staff reports, available to the public before the close of the record as described in subsections (3) and (4) of this section. (6) A public entity shall mail a copy of the final determination to the claimant and to any person who submitted written evidence or arguments before the close of the record. The public entity shall forward to the county, and the county shall record, a memorandum of the final determination in the deed records of the county in which the property is located. [2007 c.424 §14]

Administrative rules citing this section

OAR 660-002-0010: Authority to Director — implements
OAR 660-004-0023: Reasons Necessary to Justify an Exception for a Substantially Developed Subdivision to Receive Transferred Development Credits Under Goal 2, Part II(c) — implements
OAR 660-004-0040: Application of Goal 14 to Rural Residential Areas — implements
OAR 660-029-0000: Purpose — implements
OAR 660-029-0010: Definitions — implements
OAR 660-029-0020: County Authority to Establish a M49 TDC System — implements
OAR 660-029-0030: Sending Properties — implements
OAR 660-029-0040: Calculation and Types of Transferable Development Credits — implements
OAR 660-029-0050: Process for Creating Transferable Development Credits — implements
OAR 660-029-0060: Protection of Sending Properties — implements
OAR 660-029-0070: Conveyance of TDC Ownership — implements
OAR 660-029-0080: Designation of Receiving Areas — implements
OAR 660-029-0090: Process for Using Transferable Development Credits — implements
OAR 660-029-0100: Interjurisdictional Transfer of Development Credits — implements
OAR 660-029-0110: TDC Bank Option — implements
OAR 660-029-0120: Amending or Abolishing a TDC System — implements
OAR 660-041-0000: Purpose and Applicability — implements
OAR 660-041-0010: Definitions — implements
OAR 660-041-0020: Contents of a Measure 37 Claim Based on a DLCD Regulation — implements
OAR 660-041-0030: Notice of Applications and Decisions — implements
OAR 660-041-0040: When a DLCD Measure 37 Waiver Was Required — implements
OAR 660-041-0060: Effect of 2007 Ballot Measure 49 on DLCD Measure 37 Waivers — implements
OAR 660-041-0070: State Agency and Special District Land Use Coordination and DLCD Measure 37 Waivers — implements
OAR 660-041-0080: Supplemental Information for Supplemental Review of Measure 37 Claims under Measure 49 and Fees under Chapter 855, Oregon Laws 2009 and Chapter 8, Oregon Laws 2010 — implements
OAR 660-041-0090: Procedures for Supplemental Review of Measure 37 Claims under Measure 49 — implements
OAR 660-041-0100: Submissions to DLCD Regarding Supplemental Review of a Measure 37 Claim under Measure 49 — implements
OAR 660-041-0110: Determining What Was Lawfully Permitted on the Claimant’s Acquisition Date — implements
OAR 660-041-0120: Evaluation of Measure 37 Contiguous Property in Supplemental Review — implements
OAR 660-041-0130: High-Value Farmland and High-Value Forestland — implements
OAR 660-041-0140: Groundwater Restricted Areas — implements
OAR 660-041-0150: Combining and Dividing Claims — implements
OAR 660-041-0160: Appraisals Under Section 7 of Measure 49 — implements
OAR 660-041-0170: Notice of County Applications and Decisions Under Measure 49 — implements
OAR 660-041-0180: County Implementation of Measure 49 Authorizations — implements
OAR 660-041-0500: Purpose and Applicability — implements
OAR 660-041-0500: Purpose and Applicability — authority
OAR 660-041-0510: Definitions — implements
OAR 660-041-0520: Procedures for Measure 49 Claims — implements
OAR 660-041-0520: Procedures for Measure 49 Claims — authority
OAR 660-041-0530: Coordinating with Other Regulating Entities — implements
OAR 660-041-0530: Coordinating with Other Regulating Entities — authority

This rule cites

ORS 195.312 — resolved
ORS 197.797 — resolved

Cited by

Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors195.html