25-979-Ordinance No. PL-8 (as amended) Recorded 9/21/1977VOL Z5 FAGE 979
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1 IN THE BOARD OF COUNTY COMMISSIONERS
OF THE STATE OF OREGON
2 FOR THE COUNTY OF DESCHUTES
3 In the Matter of an Ordinance )
Providing for a Hearings Officer) ORDINANCE 8
4 (as amended) d)
5 The County of Deschutes, Oregon, ordains as follows:
6 Section 1.000 Appointment.
7 (a) The County Board of Commissioners may appoint or
8 designate one or more qualified persons as planning or zoning
9 Hearings Officer to serve at the pleasure of, and at a salary fixed
10 by the Board.
11 (b) The Hearings Officer shall be appointed solely on
12 the basis of said Hearings officers qualifications for the duties
13 of the office and shall have such training and experience as will
14 qualify said Hearings Officer to conduct administrative and quasi-
15 judicial hearings, and to.discharge the other functions conferred
16 upon the office.
17 Section 2.000 Duties and Functions.
18 (a) The Hearings Officer shall receive and examine
19 available information, conduct public hearings and prepare a record
20 thereof and enter findings and conclusions for the adoption or
21 rejection o-f land use applications as provided for in the County
22 Ordinances.
23 (b) When, for whatever reason, the Hearings Officer is
24 unable to fulfill the responsibilities prescribed herein, the Board
25 shall appoint a substitute Hearings Officer or the Planning Commission
26 to discharge the Hearings officers responsibilities and duties.
Page , 1 Ordinance PL 8 (as amended)
1 (c) The Hearings Officer shall perform such other duties
2 as may be prescribed by County Ordinance or order of the Board.
3 Section 3.000 General Procedures.
4 (a) The Hearings officer shall be governed by the Uniform
5 Procedure Ordinance PL 9 relating to the conduct of public hearings
6 on land use applications.
7 (b) He may adopt rules and procedures for the transaction
8 of business and shall keep a record of his findings and conclusions
9 which shall be a public record.
10 (c) The Planning Director shall provide staff services
11 and recommendations on matters coming before the Hearings Officer.
12 Section 4.000 Appeal.
13 (a) The appeal of any action or decision of the Hearings
14 Officer by the applicant shall be addressed to the Deschutes County
15 Planning Commission. Any subsequent appeal thereof shall be addressed
16 to the Deschutes County Board of Commissioners in accordance with
17 Ordinance. The appeal shall be filed in written form within 10 days
18 (10) of the date of the Hearings Officers or Planning Commissions
19 written decision stating how the Officer or Commission erred in the
20 application of the criteria and requirements set forth in Ordinance.
21 (b) Public Hearings on appeal shall be conducted in
22 accordance with the Uniform Procedure Ordinance PL 9.
23 (c) The Planning Commission or the Board may review
24 decisions of the Hearings Officer on its own motion.
25 Section 5.000 Requests for Interpretation of County Policy.
26 I. When, prior to or in the course of a Public Hearing, the
Page 2 Ordinance PL 8 (as amended)
VOL 254%981
1 Hearings officer finds that the case raises a substantial question
2 involving either the application or interpretation of a County
3 policy that has not been clarified in sufficient detail, the Hearings
4 Officer may:
5 (a) submit that question of application or interpretation
6 in written form to the Board of Commissioners for their determination.
7 The Board, at its discretion may elect to accept or reject
8 the Hearings Officers request. When such a question is accepted by
9 the Board, the party or parties may submit in writing their view
10 as to what the application or interpretation should be. Parties
11 shall restrict their statements to the issue of interpretation or
12 application as stated by the Hearings officer and shall not present
13 the Board with arguments or evidence immaterial to the determination
14 sought even though such evidence or argument may be relevant to the
15 Hearings Officer's final decision.
16 The Board shall render its written determination within
17 45 days after receipt of the question from the Hearings officer.
18 Said decision shall be transmitted to the Hearings officer, who will
19 then apply the interpretation or application made to the case and
20 render a decision on the applicant's request.
21 (b) May submit the case with all relevant material to
22 the Planning Commission for the initial hearing.
23 Section 6.000 Changes and Amendments. This ordinance may be
24 amended, supplemented or changed by the Board, the Planning Director,
25 the Planning Commission, the Hearings Officer. All proposals shall be
26 submitted in typed draft form. Action may only be taken after
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VOL 25 PACE 982
1 compliance with the applicable ordinance governing public hearings.
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3 Deschutes County Board of Commissioners, as provided by ordinance.
4 Adopted this 21st day of September, 1977.
5 BOARD OF COMMISSIONERS
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COMMISSIONER
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Page 4 Ordinance PL 8 (as amended)