(1) A determination issued under ORS § 609.156 or 609.158 is subject to judicial review by the circuit court for the county making the determination as provided under ORS § 34.010 to 34.100. Notwithstanding ORS § 34.070, filing a petition for review shall automatically stay execution of the determination made by the county.

Terms Used In Oregon Statutes 609.165

  • 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.

(2) Notwithstanding ORS § 34.030, a petition for review must be filed no later than the 21st day following the date on which the county delivered or mailed its determination in accordance with ORS § 609.158 (4). The filing of a request for reexamination under ORS § 609.158 (5) does not act to toll the time for filing a petition for judicial review. However, if a county governing body reexamines the determination, the time for filing a petition for judicial review shall be extended through the 21st day following the date that the result of the reexamination is delivered or mailed.

(3) If the court reverses the decision of the county, the court shall make special findings of fact based upon the evidence in the record and conclusions of law indicating clearly all aspects in which the county’s procedure or determination was in error. [1999 c.756 § 4]