660-002-0005
Purpose

This rule delegates to the Director of the Department of Land Conservation and Development (Director) certain duties and responsibilities in addition to those conferred upon the Director by ORS Chapter 197 and other administrative rules adopted by the Land Conservation and Development Commission (Commission). This rule further provides for review by the Commission of any action taken by the Director pursuant to this delegation of authority, except that all actions of the Director under OAR 660-002-0010(8) are final and will not be reviewed by the Commission unless legislation is enacted that appropriates funds for the payment of claims under Chapter 1, Oregon Laws 2005.

Statutory/Other Authority: ORS 183 & 197
Statutes/Other Implemented: ORS 197.040, 197.045 & 197.090
History:
LCDD 5-2005, f. & cert. ef. 8-12-05
LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05
LCDC 5-1988, f. & cert. ef. 9-29-88
LCD 4-1978, f. & ef. 3-24-78

660-002-0010
Authority to Director

In addition to the other duties and responsibilities conferred on the Director by ORS Chapter 197, the Director shall exercise and hereinafter be vested with authority to:

(1) Assent to a modification of a planning extension or a compliance schedule of a city or county in accordance with ORS 197.251(2);

(2) Condition a compliance schedule in accordance with ORS 197.252;

(3) Approve a planning assistance grant agreement with a city or county, including modifications thereto; and

(4) Request that the Commission schedule a hearing to consider an enforcement order if the Director has good cause to believe that any of the conditions exist as set forth in ORS 197.320(1) through (10);

(5) Execute any written order, on behalf of the Commission, which has been consented to in writing by the parties adversely affected thereby;

(6) Prepare and execute written orders, on behalf of the Commission, implementing any action taken by the Commission on any matter;

(7) Establish procedures by which the Director shall periodically review and report to the Commission the status of comprehensive plans within each city and county;

(8) Carry out the responsibilities and exercise the authorities of the Commission and DLCD in responding to claims under ORS 197.352 (2004 Ballot Measure 37) and Chapter 424, Oregon Laws 2007 (2007 Ballot Measure 49), including:

(a) Review of claims made under ORS 197.352 and Chapter 424, Oregon Laws 2007;

(b) Denial of claims under ORS 197.352 and Chapter 424, Oregon Laws 2007; and

(c) Approval of claims under ORS 197.352 and Chapter 424, Oregon Laws 2007, except that the Director may approve a claim only by not applying the land use regulations that are the basis of the claim unless legislation is enacted that appropriates funds for the payment of claims under ORS 197.352 or Chapter 424, Oregon Laws 2007.

Statutory/Other Authority: ORS 183, 195, 197 & 2007 OL Ch. 424
Statutes/Other Implemented: ORS 195.300 - 195.336, 197.040, 197.045, 197.090, 197.353 & 2007 OL Ch. 424
History:
LCDD 4-2008, f. & cert. ef. 5-23-08
LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08
LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08
LCDD 5-2005, f. & cert. ef. 8-12-05
LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05
LCDD 3-2004, f. & cert. ef. 5-7-04
LCDC 3-1990, f. & cert. ef. 6-6-90
LCDC 5-1988, f. & cert. ef. 9-29-88
LCDC 3-1983, f. & ef. 5-5-83
LCDC 2-1983(Temp), f. & ef. 2-9-83
LCD 4-1981, f. & ef. 4-3-81
LCD 1-1981, f. & ef. 2-23-81
LCDC 7-1980(Temp), f. & ef. 12-17-80
LCD 3-1979, f. & ef. 3-27-79
LCD 4-1978, f. & ef. 3-24-78

660-002-0015
Notice of Director’s Actions

(1) The Director shall establish procedures which shall be reasonably calculated to provide notice to interested member of the public and other units of government of the Director's actions taken pursuant to OAR 660-002-0010.

(2) The Director shall provide the Commission with a monthly report summarizing actions taken by the Director during the preceding month pursuant to this rule and any written public comments received by the Department which pertain to those actions.

Statutory/Other Authority: ORS 183 & 197
Statutes/Other Implemented: ORS 197.040, 197.045 & 197.090
History:
LCDD 4-2008, f. & cert. ef. 5-23-08
LCDD 2-2008(Temp), f. & cert. ef. 2-21-08 thru 6-10-08
LCDD 2-2007(Temp), f. & cert. ef. 12-10-07 thru 6-7-08
LCDD 5-2005, f. & cert. ef. 8-12-05
LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05
LCDC 5-1988, f. & cert. ef. 9-29-88
LCD 4-1978, f. & ef. 3-24-78

660-002-0020
Commission Review of Director’s Action Under Rule 660-002-0005

(1) Any action of the Director pursuant to the authority vested in the Director pursuant to OAR 660-002-0010 shall be reviewed by the Commission upon petition filed by any “party” as defined in ORS 183.310(6) or upon its own motion, except that all actions of the Director under OAR 660-002-0010(8) are final and will not be reviewed by the Commission unless legislation is enacted that appropriates funds for the payment of claims under Chapter 1, Oregon Laws 2005.

(2) Any petition filed pursuant to this section shall:

(a) Contain the name, address, and telephone number of the petitioner and, if the petitioner is other than the governmental body directly affected by the action, a brief statement of the petitioner’s interest in the outcome of the action sought to be reviewed or of the public interest represented by the petitioner;

(b) Specify the action of the Director to be reviewed, when that action was taken, the Commission action sought by the petitioner, and the reason why the Commission should so act in the matter;

(c) Be filed with the Director or the Director's designee within fifteen days of the date of the taking of the action sought to be reviewed.

(3) The Commission shall, by order within 60 days of the filing of the request, or within a period of time not to exceed 120 days if good cause therefore is shown, either affirm, reverse, or modify the action of the Director. The Director shall provide reasonable notice to all parties of the date, time, and place that the Commission will take action on the petition, and the manner in which such parties may express their views.

(4) Any petition under this rule which is a contested case as defined in ORS 183.310 shall be governed by the Attorney General’s Model Rule of Procedure, OAR 660-001-0005.

Statutory/Other Authority: ORS 183, 196 & 197
Statutes/Other Implemented: ORS 197.040, 197.045 & 197.090
History:
LCDD 5-2005, f. & cert. ef. 8-12-05
LCDD 2-2005(Temp), f. & cert. ef. 3-18-05 thru 9-13-05
LCDC 3-1990, f. & cert. ef. 6-6-90
LCDC 5-1988, f. & cert. ef. 9-29-88
Reverted to LCD 4-1978, f. & ef. 3-24-78
LCDC 1-1985(Temp), f. & ef. 3-13-85
LCD 4-1978, f. & ef. 3-24-78