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 3227
 
                         House Bill 3273
 
Sponsored by Representative KROPF
 
 
                             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.
 
  Grants county governing body discretion to refund transcript
fee to appellant who prevails at hearing or on appeal.
 
                        A BILL FOR AN ACT
Relating to transcript fees; creating new provisions; and
  amending ORS 215.422.
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) 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 more than the average cost of such appeals or the
actual cost of the appeal, excluding the cost of preparation of a
written transcript. The governing body may establish a fee for
the preparation of a written transcript. The fee shall be
reasonable and shall not exceed the actual cost of preparing the
transcript up to $500. In lieu of a transcript prepared by the
governing body and the  { + transcript + } 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.   { - If - }   { + The governing body may
refund a transcript fee to + } an appellant  { + that + }
prevails at a hearing or on appeal  { - , the transcript fee
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 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 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.  { + The amendments to ORS 215.422 by section 1 of
this 2003 Act apply to transcript fees paid by an appellant on or
after the effective date of this 2003 Act. + }
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