Oregon Statutes 197.328 – Procedures to consider order to comply with goals
If a proceeding is initiated under ORS § 197.324, the following procedures apply:
Terms Used In Oregon Statutes 197.328
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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]
[1973 c.80 § 50; repealed by 1977 c.664 § 42]