30-176-Resolution Recorded 4/6/1979voL 30 rAcE116
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of )
AMENDMENT OF DESCHUTES ) R E S O L U T I O N
COUNTY HEARINGS OFFICER )
ORDINANCE PL -8 )
WHEREAS, it has come to the attention of the Board of County Commissioners
that the Hearings Officer has caused certain land use applications to be referred
to the Planning Commission for the initial hearing pursuant to Section 5.000
of Deschutes County Hearings Officer Ordinance PL -8; and
WHEREAS, The Board finds that ORS 215.406(1) gives the Board sole discretion
as to what classes of permits and contested cases the Hearings Officer shall hear,
and Section 5.000(b) is inconsistent with this legislative policy; and
WHEREAS, a procedure exists under Ordinance PL -8 for the Hearings Officer
to request the guidance of the Board where a statement of policy is needed to
make decisions on land use applications of County -wide significance; and
WHEREAS, the Board finds that the Hearings Officer's legal expertise is needed
at the initial hearing in virtually all land use applications in order to insure
that the parties obtain procedural due process and adequate findings of fact,
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. On April 11 and April 25, 1979, at regular open public meetings, the
following amendments to Section 5.000 of County Hearings Officer Ordinance PL -8
shall be read pursuant to ORS 203.045(3):
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"(b) (Superseded) May request in writing that the Board of Commissioners
submit the case with all relevant material to the Planning Commission for
the initial hearing. Such request shall state in detail all the reasons
for the request. The Board of Commissioners may grant or deny such request.
In case of denial, the Hearings Officer shall hear the matter that was the
subject of his request at the next hearing date available as of the date of
such denial, subject to the right of the parties to request and receive
continuance pursuant to County Procedural Ordinance PL -9."
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2. The Board finds that an emergency exists adversely affecting the
health, safety and general welfare of the County, and accordingly, this Ordinance
Amemdment shall be effective upon adoption, pursuant to ORS 203.045(9).
DATED this _4_yiy of April, 1979.
BOARD OF COUNTY COMMISSIONERS
aA�� a v
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Commissioner C/,-"
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