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Home My WebLink AboutPL8IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 2 FOR THE COUNTY OF DESCHUTES 3 In the Matter of an ordinance ORDINANCE PL 8 4 Providing for a Hearings Officer) (as amended) 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 of land use applications as provided for in the County 22 Ordinances. 23 (b) Whea, 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 dischargeshe Hearings Officers responsibilities and duties. Page , 1 Ordinance PL 8 (as amended) M EA I 0 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 MIMM�� 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 (1 and recommendations on matters coming before the Hearings Office2?7 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 Hearing.3 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 1. When, prior to or in the course of a Public Hearing, the Page 2 Ordinance PL 8 (as amended) 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 Page 3 Ordinance PL 8 (as amended) 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 Page 3 Ordinance PL 8 (as amended) 2 3 4 5 6 7 8 E compliance with the applicable ordinance governing Public hearings. Deschutes County Board of Commissioners, as provided by ordinance® Adopted this 21st day of September, 1977. BOARD OF C014MISSIONERS 9 10 11 12 013 14 is 16 17 18 19 20 21 22 23 24 25 26 Page 4 Ordinance PL 8 CHAIPMAISr— N Q 0, O'Z o'0 4�0 U4ISSIONER COMMISSIONE (as amended) IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR DEkHUTES-COUNTY In the Matter of ORDER 2 County Ordinance PL -8 3 4 Where as certain land use permit applications have been previously - 5 heard initially by the"Ylanning Commission, or -are- in the process 6 of being heard, and 7 8 Whereas the Hearings Officer normally should hear all such appl.ica- 9 tions (except site Plans). in the first instance pursuant to County 10 Ordinance PL -8, Section 2.000 (a), and 12 Whereas the Planning Director has caused certain applications --to 13 be heard initially by the Planning Commission due to confusion as to whether t&e- Hearings Officer had requested these applications ons 15 to be submitted for initial hearing to the Planning Commission 16 pursuant to Section 5.000 (b), and 17 X LU z18 Whereas initial hearings in those cases are now almost complete, and Z 19 oog �2�% 20 Whereas the Board of Commissione-1-s finds that it would be an 5-gon U, 0 W 'Wz =021 unreasonable burden on the applicant to have to present his case W _*5z_j L 22 de novo before the Hearings Officer at this stage of the proceeding, D 23 and 24 25. Whereas it appears that the initial hearings on these matters before 26 the Planning Commission were duly noticed, and Page 1 - Order 1 I,Eiereas ORS 215.406 authorizes the Board t:o designate the classes 2 of permits and.contested cases that the Hearings Officer shall 3 hear, 5 NOW -THEREFORE, IT IS HEREBY ORDERED that® 7:- The Planning Commission may complete initial hearings on those g land use permit applications presently before It on which it g has already taken evidence as o-- the. date. of this order_ 10 11 Dated January 24, 1979 BOARD OF COMMISSIONERS 12 DISTRIBUTION: 13 .Hearings Officer .r 4c" Manning 14 Director 15 Chairman, Planning Commission_ 1 R 16 County Counsel 17 COMMISSIONER f x z 18 tJ �- 19 .0 .t "•`gip z0Zp 20 1 z _>>v 4 21 -JLj22 Li Y- U 23 24 25 26 Page 2 - Order