Oregon Administrative Code

350-014-0007 Appearance of Fairness Members of the Commission shall comply with the appearance of fairness in appeals and proceedings under Rules 350-060 et seq. and Rules 350-070 et seq. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, …

350-015-0100 Public Contracting For reasons of efficiency, and to avoid a piecemeal approach to public contracting administration, the Commission shall conduct public contracting in accordance with the public contracting law of the State of Washington. The Commission deems the pu…

350-016-0001 Commission Required to Prepare Public Writings in Readable Form (1) The commission shall when reasonable prepare its public writings in simple language with short, precise, affirmative, active-voice sentences. (2) As used in this section, “public writing” means any r…

350-016-0002 Definitions for 350-016-0002 to 350-016-0018 (1) “Commission” means the Columbia River Gorge Commission or any officer authorized by the commission to make rules or to issue orders. (2)(a) “Contested case” means a proceeding before the commission: (A) In which the in…

350-016-0003 Description of Organization; Service of Order; Effect of Not Putting Order in Writing (1) In addition to other rulemaking requirements imposed by law, the commission shall publish a description of its organization and the methods whereby the public may obtain informa…

350-016-0004 Notice Requirements for Rule Adoption; Temporary Rule Adoption, or Amendment; Substantial Compliance Required (1) The commission shall prepare a semiannual agenda for rules under development. The commission shall file the agenda with the Oregon Secretary of State and…

350-016-0005 Procedure for Commission Adoption of Federal Rules (1) Notwithstanding 350-016-0004, when the commission is required to adopt rules or regulations promulgated by an agency of the Federal Government and the Agency has no authority to alter or amend the content or lang…

350-016-0006 Filing and Taking Effect of Rules; Copies (1)(a) The commission shall file in the office of the Oregon Secretary of State and Washington Code Reviser a certified copy of each rule adopted by it. (b) Notwithstanding the provisions of paragraph (a) of this subsection, …

350-016-0007 Petitions Requesting Adoption of Rules An interested person may petition the commission requesting the promulgation, amendment or repeal of a rule. The commission shall prescribe by rule the form for such petitions and the procedure for their submission, consideratio…

350-016-0008 Notice to Party Before Hearing of Rights and Procedure; Legislative Findings; Failure to Provide Notice (1) Citizens have a right to be informed as to the procedures by which contested cases are heard by the commission, their rights in hearings before the commission,…

350-016-0009 Notice, Hearing and Record in Contested Cases; Informal Dispositions; Hearings Officer (1) In a contested case hearing, all parties shall be afforded an opportunity for hearing after notice of not less than 20 days, served personally or by registered or certified mai…

350-016-0010 Presiding Officer — Disqualification, Substitution (1) Any party may petition for the disqualification of an individual promptly after receipt of notice indicating that the individual will preside or, if later, promptly upon discovering facts establishing grounds for…

350-016-0011 Interpreter for Handicapped Person in Contested Case (1) When a handicapped person is a party to a contested case, the handicapped person is entitled to a qualified interpreter to interpret the proceedings to the handicapped person and to interpret the testimony of t…

350-016-0012 Depositions or Subpoena of Material Witness; Discovery (1) On petition of any party to a contested case, the commission may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions. T…

350-016-0013 Subpoenas in Contested Cases (1) The commission shall issue subpoenas to any party to a contested case upon request upon a showing of general relevance and reasonable scope of the evidence sought. A party, other than the commission, entitled to have witnesses on beha…

350-016-0014 Evidence in Contested Cases (1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude commission action on the record unless shown to have substantially prejudiced the rights of a party. All other…

350-016-0015 Examination of Evidence by Agency in Contested Cases Whenever in a contested case a majority of the officials of the commission who are to render the final order have not heard the case or considered the record, the order, if adverse to party other than the commissio…

350-016-0016 Commission Statement of Ex Parte Communications; Notice (1) A presiding officer may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications necessary to procedural aspects of maintaining an orderly process, with any pe…

350-016-0017 Proposed Order by Hearings Officer; Amendment by Commission; Exemptions (1) Except as otherwise provided in subsections (1) to (3) of this section, unless a hearings officer is authorized or required by law or commission rule to issue a final order, the hearings offi…

350-016-0018 Orders in Contested Cases (1) Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion. (2) A final order shall be accompanied by findings of fact and conclusions of law, and the reasons and bas…

350-016-0020 Commission Record of Contested Case (1) The commission shall maintain an official record of each contested case. (2) The commission record shall include: (a) Notices of proceedings; (b) Any prehearing order; (c) Any motions, pleadings, briefs, petitions, requests and…

350-016-0022 Service of Process A petition for judicial review of a final order in a contested case shall be served upon the commission by delivery of a copy of the petition to the office of the executive director or chairperson of the commission at the principal office of the co…

350-016-0024 Commission Record for Review (1) Within thirty days after service of a petition for judicial review, or within further time allowed by the court, the commission shall transmit to the court the original or a certified copy of the commission record specified in 350-016…

350-016-0025 Appearance of Fairness Members of the Commission shall comply with Washington’s appearance of fairness doctrine in appeals and proceedings under this rule and under Rules 350-060 et seq. and Rules 350-070 et seq. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Sta…

350-030-0005 Purpose The purpose of this division is to establish procedures and criteria for enforcement of P.L. 99-663 by the Commission as set forth in section 15 of the Scenic Area Act. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.…

350-030-0010 Definitions For the purpose of this division the following definitions apply unless the context requires otherwise: (1) “Commission” means the Columbia River Gorge Commission established by Chapter 499, Washington Laws of 1987 and Chapter 14, Oregon Laws of 1987. (2)…

350-030-0015 Civil Penalty (1) Any person who willfully violates any of the following may incur a civil penalty: (a) P.L. 99-663; (b) The management plan; (c) A land use ordinance; (d) An implementation measure; or (e) Any order issued by the Commission or the Director. (2) The C…

350-030-0020 Investigation (1) The Director shall investigate alleged violations of the measures listed in subsection 1 of 350-30-015 of this Division. (2) The Director may inspect the subject property if necessary to conduct an investigation under subsection (1) of this section.…

350-030-0025 De Minimis Violation If the Director believes a violation has occurred but it is of a de minimis nature, readily correctable, not repeated and with cooperative parties, the Director should work with the landowner to resolve the matter through a new development review…

350-030-0030 Notice of Alleged Violation (1) If the violation is not de minimis, the Director shall serve written notice of violation on the alleged violator by personal service or by registered or certified mail. The notice shall include: (a) A plain statement describing the all…

350-030-0040 Answer (1) The alleged violator shall file an answer within 14 days of receipt of a notice of violation but it must be received by the Director within the 14 days allowed. (2) The answer shall agree or disagree with all factual matters and shall affirmatively allege …

350-030-0050 Resolution through Agreement The Director may seek to resolve or settle a alleged violation. Any proposed resolution must be presented to and approved by the Commission as provided in 350-030-0060. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: OR…

350-030-0060 Hearing on Proposed Resolution through Agreement The hearing shall be conducted using the following procedure: (1) The Director shall provide a brief summary of the nature of the case, the proposed resolution and the key legal issues. (2) The Director shall provide a…

350-030-0070 Hearing on Contested Case (1) A violation that is not resolved through 350-030-0050 to 350-030-0060 shall be conducted as a contested case. (2) The rules governing the Commission’s administrative procedure (350-016) shall govern the case. Statutory/Other Authority: O…

350-030-0080 Order (1) The Commission shall issue a final order. The order shall be served by personal delivery or certified or registered mail. If served by mail, the order shall be deemed received three days after mailing. (2) The order shall specify: (a) The resolution of the …

350-030-0090 Penalty Criteria (1) In determining the amount of a civil penalty, the following factors shall be considered: (a) Whether the person or entity has violated the P.L. 99-663 management plan, a land use ordinance, an implementation measure or an order in the past; (b) W…

350-030-0100 Summary Order Where an imminent threat exists to resources protected under the law and/or to public health, safety or welfare, the Director may issue a summary order requiring the alleged violator to promptly stop work or take other necessary action pending a notice …

350-040-0000 Purpose This division specifies the process of the Columbia River Gorge Commission (Commission) for considering minor revisions to the boundaries of any Urban Area. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43…

350-040-0010 Definitions Reserved Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 1-2011, f. 3-23-11, cert. ef. 5-1-11 CRGC 4-1992, f. & cert. ef. 5-8-92 CRGC 1-1992(Temp), f. & cert. ef. 2-6-92…

350-040-0020 Authority (1) Consideration of requests to revise urban area boundaries is a discretionary action authorized by section 4(f) of the Act. The Act does not entitle a county, or any person or entity, to have the Commission review a request to revise any urban area bound…

350-040-0030 Application for Revision Applications to revise the boundaries of any Urban Area shall contain the following information: (1) A statement from the county sponsoring the Urban Area boundary revision, signed by the county commissioners. (2) A statement that the senior-…

350-040-0040 Processing of Application Applications for revision of urban area boundaries shall be reviewed upon receipt and in the order in which they are received, except that the Commission may, as part of its work planning, set a limit on the number of urban area boundary rev…

350-040-0050 Submission and Acceptance of Application (1) A county government shall submit an application to revise the boundary of an Urban Area to the Commission office. Fifteen copies of each application are required after the Executive Director determines the application is c…

350-040-0055 Work Plan The Commission shall adopt a work plan for each application to revise an urban area boundary. The work plan should contain an estimate of the time and steps needed to review the application, which may vary among applications depending on Commission staffing…

350-040-0060 Notice of Application (1) The Executive Director shall send electronic or paper notice of the completed application to the U.S. Forest Service-National Scenic Area Office, States of Oregon and Washington, all four Indian tribal governments, the six Gorge county plann…

350-040-0065 Public Comment Interested persons shall have no less than 30 days from the date the notice is sent to submit written comments to the Executive Director. Written comments should address whether the proposed amendment is consistent with the purposes and standards of th…

350-040-0070 Report of the Executive Director The Executive Director shall prepare a report analyzing the proposed Urban Area boundary revision, and which may include recommendations. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, …

350-040-0080 Hearings (1) The Commission will conduct a hearing on every application accepted as complete by the Director. (2) The Commission shall provide 20 days notice of the hearing to interested parties and the public. (3) The hearing shall take place as follows, noting the …

350-040-0090 Consultation In considering amendments to urban area boundaries, the Gorge Commission shall consult with the Forest Service, both states, the six Gorge counties, all four Indian tribal governments and agencies or organizations that have a specific interest. Statutory…

350-050-0010 Purpose This division specifies the process of the Columbia River Gorge Commission (Commission) for considering amendments to the Management Plan. Statutory/Other Authority: ORS 196.150 & RCW 43.97.015 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C…