ORS 197.328: Procedures to consider order to comply with goals.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
If a proceeding is initiated under ORS 197.324, the following procedures apply: (1) The Land Conservation and Development Commission shall hold a hearing to consider the petition or shall appoint a hearings officer to consider the petition under the provisions of ORS chapter 183 applicable to contested cases, except as otherwise provided in this section. (2) The commission or hearings officer shall schedule a hearing within 45 days of receipt of the petition. (3) If the commission appoints a hearings officer, the hearings officer shall prepare a proposed order, including recommended findings and conclusions of law. The proposed order shall be served on the Department of Land Conservation and Development and all parties to the hearing within 30 days of the date the record closed. (4) If the commission appoints a hearings officer, the commission review of the proposed order shall be limited to the record of proceedings before the hearings officer. In its review of a proposed order, the commission shall not receive new evidence but shall hear arguments as to the proposed order and any exceptions. Any exception to the proposed order shall be filed with the commission no later than 15 days following issuance of the proposed order. (5) The commission shall adopt a final order relative to a petition no later than 120 days from the date the petition was filed. [1989 c.761 §6]
Administrative rules citing this section
- OAR 660-037-0010: Purpose Statement — implements
- OAR 660-037-0020: Policy — implements
- OAR 660-037-0030: Statement of Applicability — implements
- OAR 660-037-0040: Definitions — implements
- OAR 660-037-0050: Minimum Water-Dependent Shoreland Protection Acreage — implements
- OAR 660-037-0060: Designate Water-Dependent Shorelands — implements
- OAR 660-037-0070: Water-Dependent Shoreland Locational and Suitability Criteria — implements
- OAR 660-037-0080: Methods of Protection — implements
- OAR 660-037-0090: Rezoning of Qualifying Shorelands to Nonwater-Dependent Uses — implements
- OAR 660-045-0000: Purpose — implements
- OAR 660-045-0010: Applicability — implements
- OAR 660-045-0020: Definitions — implements
- OAR 660-045-0030: Petitioning for Enforcement — implements
- OAR 660-045-0040: The Citizen’s Request to the Affected Local Government or District — implements
- OAR 660-045-0050: The Local Government or Special District’s Response to a Citizen’s Request — implements
- OAR 660-045-0060: Petitioning the Commission to Initiate Enforcement Proceedings — implements
- OAR 660-045-0070: The Department’s Receipt and Initial Review of a Petition — implements
- OAR 660-045-0080: The Department’s Actions After Accepting a Petition — implements
- OAR 660-045-0090: The Commission’s Determination of Good Cause to Proceed — implements
- OAR 660-045-0110: Notice of the Contested-Case Hearing — implements
- OAR 660-045-0120: Participation of Parties or Limited Parties in the Contested-Case Hearing — implements
- OAR 660-045-0130: The Contested-Case Hearing — implements
- OAR 660-045-0140: Procedures After a Hearing Conducted by a Hearings Officer — implements
- OAR 660-045-0150: Procedures After a Hearing Conducted by the Commission — implements
- OAR 660-045-0170: Terminating an Enforcement Order — implements
- OAR 660-045-0180: Requests for Terminating an Enforcement Order — implements
This rule cites
- ORS 197.324 — resolved
- ORS chapter 183 — target_record_not_published
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors197.html