72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2762
 
                         House Bill 2782
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires local government to refund or reimburse appeal fee and
transcript costs incurred by person who successfully appeals
local land use decision.
 
                        A BILL FOR AN ACT
Relating to recovery of fees paid for local appeal of land use
  decision; creating new provisions; and amending ORS 215.422,
  215.431 and 227.180.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.422 is amended to read:
  215.422. (1)(a) A party aggrieved by the action of a hearings
officer or other decision-making authority may appeal the action
to the planning commission or county governing body, or both,
however the governing body prescribes. The appellate authority on
its own motion may review the action. The procedure and type of
hearing for such an appeal or review shall be prescribed by the
governing body, but shall not require the notice of appeal to be
filed within less than seven days after the date the governing
body mails or delivers the decision to the parties.
  (b) Notwithstanding paragraph (a) of this subsection, the
governing body may provide that the decision of a hearings
officer or other decision-making authority is the final
determination of the county.
  (c) { + (A) + } The governing body may prescribe, by ordinance
or regulation, fees to defray the costs incurred in acting upon
an appeal from  { + the decision of + } a hearings officer,
planning commission or other designated person. The amount of the
fee shall be reasonable and   { - shall be no - }   { + may not
be + } more than the average cost of   { - such appeals or - }
 { + an appeal or + } the actual cost of the appeal { + , to a
maximum of $250 + }, excluding the cost of   { - preparation
of - }  { +  preparing + } a written transcript.
   { +  (B) + } The governing body may   { - establish - }
 { + prescribe + } a fee for
  { - the preparation of - }  { +  preparing + } a written
transcript. The fee shall be reasonable and   { - shall not
exceed - }   { + may not be more than + } the actual cost of
preparing the transcript { + , to a maximum of  + }  { - up
to - } $500. In lieu of a transcript prepared by the governing
body and the fee therefor, the governing body shall allow any
party to an appeal proceeding   { - held on the record - }  to
prepare a transcript of relevant portions of the proceedings
conducted at a lower level at the party's own expense.
   { +  (C) + } If an appellant prevails at a hearing or on
appeal, the  { +  governing body shall refund or reimburse the
appeal fee and the + } transcript fee { +  or expense incurred by
the appellant + }   { - shall be refunded - } .
  (2) A party aggrieved by the final determination may have the
determination reviewed in the manner provided in ORS 197.830 to
197.845.
  (3) No decision or action of a planning commission or county
governing body   { - shall be - }   { + is + } invalid due to ex
parte contact or bias resulting from ex parte contact with a
member of the decision-making body, if the member of the
decision-making body receiving the contact:
  (a) Places on the record the substance of any written or oral
ex parte communications concerning the decision or action; and
  (b) Has a public announcement of the content of the
communication and of the parties' right to rebut the substance of
the communication made at the first hearing following the
communication where action will be considered or taken on the
subject to which the communication related.
  (4) A communication between county staff and the planning
commission or governing body   { - shall not be - }   { + is
not + } considered an ex parte contact for the purposes of
subsection (3) of this section.
  (5) Subsection (3) of this section does not apply to ex parte
contact with a hearings officer approved under ORS 215.406 (1).
  SECTION 2. ORS 215.431 is amended to read:
  215.431. (1) A county governing body may authorize, by
ordinance or order, the planning commission or hearings officer
to conduct hearings on applications for plan amendments and to
make decisions on such applications.
  (2) { + (a) + } A decision of the planning commission or
hearings officer on a plan amendment may be appealed to the
county governing body.
   { +  (b)(A) The governing body may prescribe, by ordinance or
regulation, fees to defray the costs incurred in acting upon an
appeal from a decision of the hearings officer, planning
commission, or other designated person. The amount of the fee
shall be reasonable and may not be more than the average cost of
an appeal or the actual cost of the appeal, to a maximum of $250,
excluding the cost of preparing a written transcript.
  (B) The governing body may prescribe, by ordinance or
regulation, a fee for preparing a written transcript. The fee
shall be reasonable and may not be more than the actual cost of
preparing the transcript, to a maximum of $500. In lieu of a
transcript prepared by the governing body and the fee therefor,
the governing body shall allow any party to an appeal proceeding
to prepare a transcript of relevant portions of the proceedings
conducted at a lower level at the party's own expense.
  (C) If an appellant prevails at a hearing or on appeal, the
governing body shall refund or reimburse the appeal fee and the
transcript fee or expense incurred by the appellant. + }
  (3) This section shall apply notwithstanding the provisions of
ORS 215.050, 215.060 and 215.110.
  (4) A decision of a planning commission, hearings officer or
county governing body under this section shall comply with the
post-acknowledgment procedures set forth in ORS 197.610 to
197.625.
  (5) The provisions of this section   { - shall - }   { + do + }
not apply to:
  (a) Any plan amendment for which an exception is required under
ORS 197.732; or
  (b) Any lands designated under a statewide planning goal
addressing agricultural lands or forestlands.
  SECTION 3. ORS 227.180 is amended to read:
  227.180. (1)(a) A party aggrieved by the action of a hearings
officer may appeal the action to the planning commission or
council of the city, or both, however the council prescribes. The
appellate authority on its own motion may review the action. The
procedure for such an appeal or review shall be prescribed by the
council, but   { - shall - } :
  (A)  { + May + } not require that the appeal be filed within
less than seven days after the date the governing body mails or
delivers the decision of the hearings officer to the parties;
  (B)  { + Shall + } require a hearing at least for argument; and
  (C)  { + Shall + } require that upon appeal or review the
appellate authority consider the record of the hearings officer's
action.  That record need not set forth evidence verbatim.
  (b) Notwithstanding paragraph (a) of this subsection, the
council may provide that the decision of a hearings officer or
other decision-making authority in a proceeding for a
discretionary permit or zone change is the final determination of
the city.
  (c) { + (A) + } The governing body may prescribe, by ordinance
or regulation, fees to defray the costs incurred in acting upon
an appeal from a hearings officer, planning commission or other
designated person. The amount of the fee shall be reasonable and
  { - shall be no - }   { + may not be + } more than the average
cost of   { - such appeals or - }   { + an appeal or + } the
actual cost of the appeal { + , to a maximum of $250 + },
excluding the cost of   { - preparation of - }  { +
preparing + } a written transcript.
   { +  (B) + } The governing body may   { - establish - }
 { + prescribe + } a fee for
  { - the preparation of - }  { +  preparing + } a written
transcript. The fee shall be reasonable and   { - shall not
exceed - }   { + may not be more than + } the actual cost of
preparing the transcript { + , to a maximum of + }   { - up
to - } $500. In lieu of a transcript prepared by the governing
body and the fee therefor, the governing body shall allow any
party to an appeal proceeding   { - held on the record - }  to
prepare a transcript of relevant portions of the proceedings
conducted at a lower level at the party's own expense.
   { +  (C) + } If an appellant prevails at a hearing or on
appeal, the  { +  governing body shall refund or reimburse the
appeal fee and the + } transcript fee { +  or expense incurred by
the appellant + }   { - shall be refunded - } .
  (2) A party aggrieved by the final determination in a
proceeding for a discretionary permit or zone change may have the
determination reviewed under ORS 197.830 to 197.845.
  (3) No decision or action of a planning commission or city
governing body   { - shall be - }   { + is + } invalid due to ex
parte contact or bias resulting from ex parte contact with a
member of the decision-making body, if the member of the
decision-making body receiving the contact:
  (a) Places on the record the substance of any written or oral
ex parte communications concerning the decision or action; and
  (b) Has a public announcement of the content of the
communication and of the parties' right to rebut the substance of
the communication made at the first hearing following the
communication where action will be considered or taken on the
subject to which the communication related.
  (4) A communication between city staff and the planning
commission or governing body   { - shall not be - }   { + is
not + } considered an ex parte contact for the purposes of
subsection (3) of this section.
  (5) Subsection (3) of this section does not apply to ex parte
contact with a hearings officer.
  SECTION 4.  { + The amendments to ORS 215.422, 215.431 and
227.180 by sections 1, 2 and 3 of this 2003 Act apply to
proceedings on land use applications that are submitted to a
local government on or after the effective date of this 2003
Act. + }
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