Chapter 257 Oregon Laws 1999
Session Law
AN ACT
HB 2105
Relating to Land Use Board
of Appeals; amending ORS 197.810, 197.815, 197.820 and 197.832.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 197.810 is amended to read:
197.810. (1) There is hereby created a Land Use Board of
Appeals consisting of not more than three [members] positions. Board members shall be
appointed by the Governor subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. The board shall consist of a [chief hearings Administrative Law Judge] board chairperson chosen by the [Administrative Law Judges] board members and such other [Administrative Law Judges] board members as the Governor
considers necessary. The members of the board [first appointed by the Governor shall be appointed by the Governor to
serve for a term beginning November 1, 1979, and ending July 1, 1983] shall serve terms of four years. A member
is eligible for reappointment. The salaries of the members shall be fixed
by the Governor unless otherwise provided for by law. The salary of a member of
the board shall not be reduced during the period of service of the member.
(2) The Governor may at any time remove any member of the board
for inefficiency, incompetence, neglect of duty, malfeasance in office or
unfitness to render effective service. Before such removal the Governor shall
give the member a copy of the charges against the member and shall fix the time
when the member can be heard in defense against the charges, which shall not be
less than 10 days thereafter. The hearing shall be open to the public and shall
be conducted in the same manner as a contested case under ORS 183.310 to
183.550. The decision of the Governor to remove a member of the board shall be
subject to judicial review in the same manner as provided for review of
contested cases under ORS 183.480 to 183.550.
(3) [Administrative Law
Judges] Board members appointed
under subsection (1) of this section shall be members in good standing of the
Oregon State Bar.
[(4) Administrative Law
Judges appointed under subsection (1) of this section are not judges for the
purposes of any provision of the Oregon Constitution and are not judges for the
purposes of judges' retirement under ORS chapter 238.]
SECTION 2.
ORS 197.815 is amended to read:
197.815. (1) The
principal office of the Land Use
Board of Appeals shall be in the
state capital, but the board may hold hearings in any county or city in order
to provide reasonable opportunities to parties to appear before the board with
as little inconvenience and expense as is practicable. Upon request of the
board, the county or city governing body shall provide the board with suitable
rooms for hearings held in that city or county.
(2) For the convenience
of one or more of the parties, the board may hold hearings by telephone.
SECTION 3.
ORS 197.820 is amended to read:
197.820. (1) The Land Use Board of Appeals shall conduct review
proceedings upon petitions filed in the manner prescribed in ORS 197.830.
(2) In conducting review proceedings the members of the board
may sit together or separately as the [chief
hearings Administrative Law Judge]
board chairperson shall decide.
(3) The [chief hearings
Administrative Law Judge] board
chairperson shall apportion the business of the board among the members of
the board. Each member shall have the power to hear and issue orders on
petitions filed with the board and on all issues arising under those petitions.
(4) The board shall adopt rules governing the conduct of review
proceedings brought before it under ORS 197.830 to 197.845.
SECTION 4.
ORS 197.832 is amended to read:
197.832. The Board Publications Account is established in the
General Fund. All moneys in the account are appropriated continuously to the
Land Use Board of Appeals to be used for paying expenses incurred by the board
under ORS 197.830 (16). Disbursements of moneys from the account shall be
approved by [the chief hearings
Administrative Law Judge] a member
of the board.
Approved by the Governor
June 13, 1999
Filed in the office of
Secretary of State June 14, 1999
Effective date October 23,
1999
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