Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: Appeals from decisions under Gorge Commission ordinances. This rule is the appellate procedural rule for filing an appeal of a land use decision by the executive director of the Columbia River Gorge Commission.

     Purpose: The purpose of the rule is to define the process and standards used by the Gorge Commission in hearing appeals of land use decisions by the executive director of the Gorge Commission.

     Other Identifying Information: Commission Rule 350-70.

     Statutory Authority for Adoption: 16 U.S.C. § 544c(b), RCW 42.97.015.

     Statute Being Implemented: 16 U.S.C. § 544c(b), RCW 42.97.015.

     Summary: This rule making is to amend the rules to clarify, simplify, and expedite the appeals process.

     Reasons Supporting Proposal: The proposal contains amendments that have long been sought by appellate parties.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jeffrey Litwak, Counsel, P.O. Box 730, White Salmon, WA 98672, (509) 493-3323.

     Name of Proponent: Columbia River Gorge Commission, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule governs the Gorge Commission process and standards for appeals of land use decisions by the executive director of the Gorge Commission. The Gorge Commission has implemented this rule since 1993 in substantially the same form. Over the past ten years, the Gorge Commission and frequent appellants under the rules have identified changes that will clarify, simplify, and expedite the process.

     Proposal Changes the Following Existing Rules: Significant changes include: Changing the role of the executive director from being a "party" to the appeal, to being the staff of the commission; allowing filing by fax for uncontested motions (350-70-040(6)); allowing filing to be accomplished by mail, instead of by receipt at the commission office (350-70-040(6)); requiring appellants to note whether they are willing to try ADR to settle the case, in which case the Gorge Commission would facilitate ADR (350-70-085); including a process for filing motions and responses to motions, and for expedited motions (350-70-120); revising the appeal hearing to resemble a local government de novo appeal hearing (350-70-140); allowing any person to testify at the appeal hearing instead of only persons who have intervened; allowing intervention to participate in prehearing matters (350-70-170); allowing stipulated motions for extensions of time to be automatic for the first one, and presumed granted for all subsequent extensions (350-70-200 (4) - (6)); allowing for involuntary dismissal of an appeal by the commission when the appeal is moot or not diligently prosecuted (350-70-225); allowing the executive director to request a voluntary remand of a case under certain circumstances and deleting the requirement that the commission identify "error" in the executive director's decision (350-70-230).

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules are process and procedural and do not target small businesses.

     RCW 34.05.328 does not apply to this rule adoption. The proposed amendments are not a "significant legislative rule" under RCW 34.05.328 (3)(c)(iii).

     Hearing Location: Discovery Center, 5000 Discovery Drive, The Dalles, Oregon, on June 10, 2003, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Nancy Andring by June 6, 2003, 9:00 a.m.

     Submit Written Comments to: Columbia River Gorge Commission, P.O. Box 730, White Salmon, WA 98672, fax (509) 493-2229, by June 2, 2003.

     Date of Intended Adoption: June 10, 2003.

April 14, 2003

Nancy Andring

Rules Coordinator

350-70-000. Purpose.

     The purpose of this division is to define the process and standards used by the Columbia River Gorge Commission in hearing appeals from decisions relating to the implementation of the Columbia River Gorge National Scenic Area Act ("National Scenic Act" or "Act"). The rule applies to appeals from decisions by the Executive Director under ordinances adopted by the Gorge Commission. This rule is intended to permit the appellant to build a more complete record than was before the Executive Director through briefing, and oral presentation of evidence and argument, and to allow interested persons to participate in that process.

AMENDATORY SECTION

350-70-020. Scope.

     Scope of Rules: All proceedings commenced by Notice of Intent to Appeal and Petition shall be governed by these rules. Where this division is silent, divisions 11, 12, 14 and 16 of the Commission's rules shall be applicable provided that the specific provisions are applied in a manner that does not conflict with the provisions of this division.

     Appeals commenced by a Notice of Appeal filed under the Final Interim Guidelines shall continue to be governed by Commission Rule 350-20 as adopted December 1, 1987, and the Final Interim Guidelines.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-040. Definitions.

     In these rules, unless the context or subject matter requires otherwise:

     (1) "Applicant" means the person who requested that the Executive Director of the Gorge Commission take an action which resulted in a land use decision.

     (2) "Commission" means the Columbia River Gorge Commission. or any member thereof.

     (3) "Counties" means Multnomah, Hood River and Wasco Ccounties, Oregon, and Clark, Skamania, and Klickitat Ccounties, Washington.

     (4) "Days" means calendar days.

     (5) "Executive Director" or "Director" means the director of the Gorge Commission.

     (6) "File" means to deliver to Commission offices by personal delivery or by mail., not by fax. Unless otherwise specified, a document shall be considered filed on the date that it is personally delivered, or the date that it is mailed. To be considered filed, a document must be received at Commission offices by 5:00 p.m.

     (a) A motion filed with the consent of all parties may be filed by fax. When a motion is filed by fax, the original shall be mailed or delivered in person to the Commission offices on the same day or on the next business day. A motion filed by fax shall be considered filed on the date it is faxed if the fax is received at Commission office by 5:00 p.m.

     (b) Any document filed with the Commission shall include a certification that the document was served on all parties on the same or earlier date and in the same manner that the document was filed.

     (7) "Final decision": A decision is final when it is reduced to writing and bears the signature of the Executive Director of the Gorge Commission.

     (8) "Land use decision" means a final decision by the Executive Director based on the National Scenic Act.

     (9) "Notice" means the Notice of Intent to Appeal and Petition and refers to the document which must be filed with the Commission in order to begin a review proceeding.

     (10) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the Commission. A person shall include the Executive Director of the Gorge Commission in his or her official capacity. "Party" means the petitioner, the applicant if different from the petitioner, the Executive Director, and any person who intervenes.

     (11) "Transmit" means to send with the United States Postal Service by first class mail or to deliver in person. "Serve" or "Service" means to send with the United States Postal Service by first class mail or to deliver in person, a copy of the original to all parties, including intervenors.

     (a) Only motions that are filed by fax may be served by fax. If a motion is served by fax, then it shall also be served by mailing or delivering a copy of the original to the appellant and intervenors on the same or next day.

     (b) All documents served shall include a certification that the document was served on the same or earlier date and in the same manner that the document was filed (Exhibit 3).

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

350-70-042. Delegation of Authority to the Chair of the Commission

     (1) Where these rules refer to the Chair of the Commission, the Commission has delegated authority to the Chair or presiding officer designated by the Chair to act on those matters for the Commission, including but not limited to, procedural orders on behalf of the Commission relating to case setting, preliminary motions, and other procedural matters. The Chair of the Commission may also act on other matters specified for Commission action when the context indicates action by the Chair of the Commission or when action by the full Commission would be impracticable.

     (2) The Chair of the Commission shall decide all matters delegated to her motions without oral argument, unless she, in her sole discretion, desires an oral hearing. The decision of the Chair of the Commission or presiding officer pursuant to this authority shall be final and shall not be reviewable by the full Commission.

     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

350-70-045. Time

     (1) Computation: In computing any period of time prescribed or allowed by these rules, the day of the act from which the designated time period begins to run shall not be included and the last day of the time period shall be included.

     (2) Whenever a person has the right or is required to do some act or take some proceedings within a prescribed period of time after service or a notice or other paper, and the service of the notice or other paper is by mail, three (3) days shall be added to the prescribed time period. This does not apply to documents mailed when filing and service is accomplished by fax.

     (3) When a deadline for accomplishing some act under these rules falls on a weekend or legal holiday, the deadline shall be the next business day, and all following deadlines shall be calculated from that deadline. A legal holiday shall be any day in which the United States Postal Service does not deliver mail, or when the Gorge Commission is closed for business.

     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

350-70-047. Who May Appeal.

     (1) The applicant or any person who submitted a timely written comment on a land use application may appeal the final decision of that application.

     (2) Notwithstanding subsection (1) above, any person may participate in the appeal as provided in this division.

     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-050. Notice of Intent to Appeal and Petition.

     (1) Filing: A person wishing to appeal a decision by the Director shall file a The Notice of Intent to Appeal and Petition from a decision by the Director shall be filed with at the Commission office on or before the 30th day after the date the decision sought to be appealed reviewed becomes final. A Notice filed thereafter shall not be deemed timely filed and the appeal shall be dismissed.

     (2) Service of Notice of Intent to Appeal and Petition: The Appellant shall serve a copy of the Notice of Intent to Appeal and Petition shall be filed with the Commission and served on all persons identified in the Notice as required by subsection (3)(fg) of this rule on or before the date the Notice of Intent to Appeal and Petition is required to be filed.

     (3) Contents of Notice of Intent to Appeal and Petition: The Notice of Intent to Appeal and Petition shall be substantially in the form set forth in Exhibit 1 and shall contain:

     (a) A caption, which specifies the title of the appeal as "In the matter of an appeal of Development Review Decision No. [FILE NUMBER] by [APPELLANT'S NAME]." sets forth the name(s) of the person(s) filing the Notice, identifying the person(s) as petitioner(s), and Executive Director, identifying the Executive Director as respondent;

     (b) Below Adjacent to the caption, the heading "Notice of Intent to Appeal and Petition";

     (c) The full title of the decision to be reviewed as it appears on the final decision;

     (d) The date the decision to be reviewed became final;

     (e) A concise description of the appellant's reasons for appealing the decision including citations to the findings of fact, conclusions of law and conditions of approval in the decision and to provisions of the land use ordinance, sufficient to permit a person to understand the issues the appellant is raising to the Commission; to be reviewed:

     (f) A brief "ADR Statement" stating whether the appellant is willing to attempt to settle the case through negotiation with the Executive Director and other interested persons, or through alternative dispute resolution (including but not limited to mediation), and specifying the potentially interested persons (if applicable). This statement shall not be used to argue the merits of the appeal.

     (gf) The name, address and telephone number of each of the following:

     (A) The Appellant, Petitioner. If the petitioner is not represented by an attorney, the petitioner's name, address and telephone number shall be included. If except that if an attorney represents the petitioner appellant, then the attorney's name, address and telephone number shall be substituted for that of the appellant petitioner. If two or more petitioners are unrepresented by an attorney, one petitioner shall be designated as the lead appellant petitioner.

     (B) The Executive Director and the Director's legal counsel;

     (BC) The applicant, if any (and if other than the appellant petitioner). If an the applicant is was represented by an attorney before the Executive Director, then the applicant's address and telephone number may be omitted and the name, address and telephone number of the applicant's attorney shall be included;

     (CD) Any other person to whom written notice of the land use decision was mailed as shown on the Executive Director's records. The telephone number may be omitted for any such person.

     (hg) A statement advising that all persons may give testimony at the hearing on the appeal; however, if a person wishes to participate in the proceedings prior to the hearing, then, other than the Executive Director, that in order to participate in the review proceeding a that person must file and serve a motion to intervene Notice of Intervention pursuant to 350-70-170.

     (i) A statement that the Commission will set the date, time, and place for a hearing on the appeal and provide notice of the hearing approximately 20 days prior to the date of the hearing.

     (j) A statement that written comments on the appeal will be accepted by the Commission until the close of the public hearing, but that persons are encouraged to submit written comments within 60 days from the date of the Notice of Appeal.

     (kh) Proof of service upon all persons required to be named in the Notice. See Exhibit 1.

     (4) Filing Fee and Deposit for Costs: A filing fee and deposit for costs may be charged by the Columbia River Gorge Commission. The Columbia River Gorge Commission may charge a filing fee and deposit. Filing fees and deposits, if any, shall be set by the Gorge Commission's Executive Director and shall not exceed the true cost to the Commission of handling the appeal.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-060. Special Review Process.

     (1) In any development review decision by the Executive Director under [any] a rule adopting ordinances, where the applicant contends the result eliminates all beneficial use of the property, the applicant must request special review as follows:

     (a) Make the request in writing.

     (b) Set out the pertinent portions of the ordinance that apply;

     (c) Describe how the ordinance impacts the use of the property;

     (d) Attach copies of any documents (maps, deeds, easements, etc.) that are relevant; and

     (e) Explain why the requested use must be allowed to provide economic or beneficial use of the property.

     (f) The request for special review shall be served, concurrently with the Notice of Appeal, on the Executive Director and all persons entitled to service of the Notice of Appeal. parties, within 10 working days of receipt of the decision. If a person who was not served with a copy of the request for special review intervenes, then the applicant shall, as soon as possible, serve a copy of the request for special review on the intervenor.

     (g) An intervenor All other parties shall have the opportunity to specifically respond to the applicant's petitioner's request and any response shall submission must be filed and served and within 14 days after the applicant serves the request for special review on the intervenor field within 10 working days of receipt of the request.

     (2) The Director, on receipt of a request for special review and intervenors' responses (if any), reconsideration, shall take the following steps:

     (a) Evaluate the request for special review and intervenors' responses.

     (b) Take one of the following steps:

     (1) Where appropriate, recommend options for use of the property that are consistent with the ordinance, or

     (2) Where the Director finds that enforcement of the land use ordinance will deprive the landowner of all economic or beneficial use of the property, the Director shall recommend the Commission allow a use for the property. The economic or beneficial use recommended shall be the use that on balance best protects the affected resources. This section applies:

     (A) if the Forest Service or the federal government does not provide just compensation for a Special Management Area designation it made; or

     (B) for a General Management Area designation made by the Gorge Commission.

     (c) Include proposed findings of fact in the recommendation proposed findings of fact. This shall be completed within 30 days after the last due date for the filing of an intervenor's response; of receipt of the request for special review; and

     (d) Specify the factual and/or legal principles relied on in support of the recommendations.

     (3) The Executive Director shall serve the recommendation on the request for special review on the applicant and all intervenors. The time period for submission of the Request for Review to the Gorge Commission shall not begin to run until the day after the Executive Director completes the recommendation.

     (4) The applicant and anyone who intervened may continue the appeal process below once the special review process is completed. The filing of a request for special review shall toll all subsequent time periods specified in these rules, except for intervention specified in 350-70-170. The time periods, beginning with the filing of the record pursuant to 350-70-070 shall begin to run on the date that the Executive Director serves the recommendation on the request for special review.

     (5) The recommendation on a request for special review shall not be construed as an approval or denial of any land use. The applicant may continue the appeal or may submit a new land use application for the recommended land use(s).

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-070. Record.

     (1) Contents of Record: The record shall include the following:

     (a) The final decision including findings of fact and conclusions of law of the Director's decision;

     (b) All evidence, exhibits, maps, documents or other written materials included as part of the record during the course of in the Executive Director's land use application file; proceeding; photos, maps, and exhibits that were prepared by or presented to the Executive Director in color shall be provided to the Commission in color in the original or certified copy of the record and all duplicate copies of the record;

     (c) Minutes of any meetings conducted by the Executive Director as required by law.

     (d) All documents relating to an applicant's request for special review, including the applicant's request, the Executive Director's recommendation, and all documents relied on by the Executive Director in making the recommendation.

     (e) The Executive Director may retain any audiotape recording, large maps, or exhibits and documents which are difficult to duplicate, until the date of oral argument. The Executive Director shall make these items reasonably available for inspection and duplication by any person during the pendency of the appeal, and shall specify in its filing of the record the procedure for reviewing for these items.

     (2) Transmittal of Record: The Executive Director shall within 30 days after service of the Notice transmit to the Commission the original or a certified copy, and two copies of the record of the proceeding under review. The Executive Director may, however, retain any large maps or documents which are difficult to duplicate, until the date of the hearing.

     (23) Preparation and Service of Record: Contemporaneously with transmittal, Within 30 days after the Notice of Appeal is filed, the Executive Director shall prepare and serve a copy of the record, exclusive of audiotape recordings, large maps and other exhibits and documents which are difficult to duplicate, on the appellant petitioner or the lead petitioner, if one is designated, and intervenors all other parties.

     (34) Specifications of Record:

     (a) The record shall:

     (A) Be filed in a suitable folder; the Include a cover shall bear bearing the title of the case as it appears in the Notice;, and the Commission's numerical designation for the case, and shall indicate the numerical designation given the land use decision by the Executive Director;

     (B) Begin with a table of contents, listing each item contained therein, and the page of the record where the item begins (see Exhibit 2), and listing each audiotape recording, large map or other exhibit or document retained by the Executive Director governing body under subsection (2) of this rule;

     (C) Be securely fastened;

     (D) Have pages numbered consecutively, with the page number at the bottom right-hand corner of each page;

     (E) Be arranged in inverse chronological order, with the most recent item on top.

     (b) A record which does not conform to the preceding requirements shall not be accepted by the Commission.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-080. Objections to the Record.

     (1) Before filing an objection to the record, a person party shall attempt to resolve the matter with the Executive Director.'s legal counsel and the other parties. If the Executive Director amends the record in response to an objection, the date the amendment is received by the Commission shall be considered the date the record is received for the purpose of computing time limits as required by these rules.

     (2) An objection to the record shall be filed with at the Commission office and served within 10 days following service of the record on the person filing the objection. The person filing the objection to the record shall certify that the objection is made in good faith, that the objection is material, that the objection was not made for the purpose of delay, and that he or she has contacted the Executive Director and attempted to resolve the objection. Objections may be made on the following grounds:

     (a) The record does not include all materials included as part of the record during the proceedings before in the Executive Director's land use application file. The omitted item(s) shall be specified, as well as the basis for the claim that the item(s) are part of the record.

     (b) The record contains material not included as part of the record during the proceedings before in the Executive Director's land use application file. The item(s) not included as part of the record during the proceedings before the Executive Director shall be specified, as well as the basis for the claim that the item(s) are not part of the record. A document that is excluded from the record under this subsection may still be submitted to the Commission as otherwise provided in this division.

     (c) The minutes or transcripts of meetings or hearings are incomplete or do not accurately reflect the proceedings. (3) An objection on grounds that the minutes or transcripts are incomplete or inaccurate shall demonstrate with particularity how the minutes or transcripts are defective and shall explain with particularity why the defect is material. Upon such demonstration, the Chair of the Commission shall require the Executive Director to produce additional evidence to prove the accuracy of the contested minutes or transcripts. If the evidence regarding contested minutes is an audiotape recording, a transcript of the relevant portion shall be submitted.

     (34) The Chair of the Commission may conduct a telephone conference with the parties to consider and resolve any objections to the record.

     (45) If an objection to the record is filed, the time limits for all further procedures under these rules shall be suspended. When the objection is resolved, the Chair of the Commission shall issue a letter or order declaring settling the record complete and setting forth the schedule for subsequent events. Unless otherwise provided by the Chair of the Commission, the date of the Commission's letter or order shall be deemed the date of receipt of that the record is settled for purposes of computing subsequent time limits.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

350-70-085 Alternative Dispute Resolution

     The Commission recognizes: that many of the matters that come before the Commission on appeal may be resolved through alternative dispute resolution (ADR), such as mediation; that ADR may be a faster and less expensive process than appeal pursuant to these rules and beyond to the states' courts; that agreements reached through ADR may be more lasting and acceptable than a decision on the merits by the Commission or the states' courts; and, that ADR is a voluntary process.

     (1) If, after reviewing the ADR statements and evaluating the matter itself, the Executive Director believes that ADR may be successful in resolving or partially resolving the matter, then it shall initiate ADR. This subsection shall not be construed to mean that participation in settlement or ADR is mandatory.

     (2) Upon motion by any person or her own motion the Chair of the Commission shall place the appeal in abeyance or shall grant all necessary extensions of time to facilitate resolution through settlement or ADR. Should settlement or ADR be unsuccessful, the Chair of the Commission shall reinstate the matter or reset the applicable time periods.

     (3) Any oral discussion, written documents, or other record produced exclusively for the purpose of settlement or ADR, whether or not pursuant to this section, shall be confidential and not part of the record on appeal to the Gorge Commission, nor part of the Gorge Commission's record to any reviewing court.

     (4) The Commission shall not consider, as a basis for any decision pursuant to this division, a person's decision to not participate in settlement or ADR, or knowledge that the matter was not resolved through settlement or ADR.

     (5) Settlement

     (A) If the case is settled in a manner that is substantially different than the proposed development stated in the original or subsequent notices of the proposed development, then the Executive Director shall be required to provide notice of the development proposed in the settlement and conduct a review of the proposed development as required by the land use ordinance.

     (B) When an appeal, or any issue in an appeal, is settled, the Commission shall not be required to review the settlement as a condition of the settlement. The Commission shall not be bound by any terms of the settlement agreement in the instant or future matters.

     (C) Upon settlement of a case, the appellant shall dismiss the appeal in accordance with 350-70-225.

     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-090. Request for Review Appellant's Brief

     (1) Filing and Service of Brief Request: The appellant shall file Request for Review shall be filed with at the Commission office and serve an Appellant's Brief within 30 days after the date the record is filed under subsection .070 above, or settled under section .080 above. received by the Commission. The Brief Request shall also be served on intervenors. the Executive Director and any party who has filed a motion to intervene. Failure by the Appellant to file an Appellant's Brief Request for Review within the time required by this section shall result in dismissal of the appeal and forfeiture of the filing fee and deposit for costs to the Gorge Commission.

     (2) Specifications of Brief Request: The Brief Request for Review shall

     (a) Begin with a table of contents;

     (b) Not exceed 50 pages, exclusive of appendices, unless permission for a longer brief petition is given by the Chair of the Commission. If an Appellant's Brief Request for Review exceeding the 50 page limit is filed without permission, the Chair of the Commission shall notify the author, and a revised brief satisfying the 50 pages limit shall be filed and served within three (3) days of notification by the Commission.

     (c) Have a blue cover page, stating the full title of the proceeding, and the names, addresses and telephone numbers of the appellant and all intervenors all parties unrepresented by attorney. If any of the above are a party is represented by an attorney, the name, address and telephone number of the attorney shall be substituted for the party. If there is more than one petitioner, the cover page shall specify the petitioner(s) are filing the Request. An intervenor shall be designated as either petitioner or respondent.

     (d) If there is more than one appellant, the cover page shall specify the appellant(s) that are filing the Brief.

     (ed) Be typewritten, in pica type, and double spaced;

     (fe) Be signed on the last page by the author.

     (3) Contents of Brief Request: The Appellant's Brief Request for Review shall:

     (a) State the facts that establish petitioner's standing;

     (ab) Present a clear and concise statement of the case, in the following order, with separate section headings:

     (A) The nature of the land use decision and the relief sought by the appellant petitioner;

     (B) A summary of the arguments appearing under the assignments of error in the body of the Request;

     (C) A summary of the material facts. The summary shall be in narrative form with citations to the pages of the record where the facts alleged can be found, or other documents that the appellant intends to introduce at the hearing.

     (c) State why the challenged decision is a land use decision subject to the Commission's jurisdiction;

     (bd) Set forth each issue assignment of error under a separate heading. Where several issues assignments of error present essentially the same legal questions, the argument in support of those issues assignments of error shall be combined;

     (e) Contain a copy of the challenged decision, including any adopted findings of fact and conclusions of law;

     (cf) Contain, each as separate appendices, a copy of any copies of all management plan provisions, comprehensive plan provisions, and all local state, regional, and federal laws ordinance or other provision of local law cited in the brief request, unless the provision is quoted verbatim in the Brief Request.

     (d) Contain, each as separate appendices, copies of any documents and evidence, not contained in the record, that are referred to in the Brief.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEAL SECTION

350-70-100. Respondent's Submission.

     (1) Filing and Service of Submission: Respondent's submission and/or brief shall be filed within 30 days after the Request for Review is received by the Commission. A copy of the respondent's submission shall be served on the petitioner or lead petitioner and all intervenors.

     (2) Specifications of Submission: Respondent's submission shall conform to the specifications of the petition for review, except that it shall have a red cover. If there is more than one respondent, the cover page shall specify which respondent is filing the brief.

     (3) Contents of Submission:

     (a) The respondent's submission shall follow the form prescribed for the Request for Review. The respondent shall specifically accept the petitioner's statement of the case or shall cite any alleged omissions or inaccuracies therein and may state additional relevant facts or other matters. The statement shall be in narrative form with citations to the pages of the record where support for the facts alleged are found.

     (b) Respondent shall accept or challenge petitioner's statement of the Commission's jurisdiction and petitioner's statement of standing. The basis for any challenge shall be stated. If respondent contends that the facts alleged by petitioner in support of standing are not true, respondent shall specify which allegations are contested.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Comission and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-110. Response and Reply Briefs.

     A Response and reply briefs shall not be filed.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Comission and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-120. Prehearing Conference. Motions, Generally and Procedural Orders.

     For the purpose of this section only, the term "party" shall refer to the appellant and any intervenor.

     (1) Any party may submit a motion for action by the Chair of the Commission. For matters not otherwise specified by this division, the Chair of the Commission and all parties shall observe the following procedures for submittal and disposition of motions.

     (2) A motion shall be filed at the Commission office by mail or personal delivery, except that motions to which all parties consent may be filed by fax as provided in 350-70-040.

     (3) All contested motions shall be filed not less than 21 days prior to the date of the hearing before the Commission, except for good cause. A party seeking to file a motion less than 21 days prior to the hearing shall consult with all parties about the motion and present with the motion, an agreed schedule for responsive briefs. The schedule shall leave no less than 7 days prior to the hearing for the Chair of the Commission to issue an order, unless the Chair of the Commission consents to a shorter period.

     (4) The movant shall serve a copy of the motion on all of the parties at the same time that the motion is filed and in the same manner as the motion was filed.

     (5) Unless otherwise ordered by the Chair of the Commission, any party has 10 days to file a response to a motion, except that no response shall be filed for uncontested motions. The responding party shall serve a copy of the response on all of the parties at the same time that the response is filed and in the same manner that the response was filed. No party may file a reply to the response(s).

     (6) Any motion or response to a motion that does not conform to this subsection shall be rejected.

     The Commission, on its own motion or at the request of the appellant or any intervenor party, may call a prehearing conference to consider:

     (1) Simplification of the issues;

     (2) The possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;

     (3) Limitation of the number of witnesses;

     (4) The form and substance of any prehearing order;

     (5) Such other matters as may aid in the disposition of the appeal.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-130. Proposed Prehearing Order. Notice of Hearing

     (1) The Commission shall send a notice of hearing in accordance with Commission Rule 350-16-009, and shall also include in the Notice of Hearing the due date and procedure for submitting written comments on the appeal, and the procedure that will be used for the hearing.

     (2) The Commission shall provide the Notice of Hearing by first class mail to the appellant, all intervenors, and the applicant (if different from the appellant) at least 20 days prior to the hearing. The Commission shall publish notice of the hearing on or before the date the Notice of Hearing is mailed.

     The Commission with or without a prehearing conference, may require that the parties prepare and sign a proposed prehearing order to be filed with the Commission on or before a date specified by the Commission. The order shall contain:

     (1) A statement of contentions of law of each party;

     (2) A concise statement of all contentions of fact to be proved by each party;

     (3) A statement of all agreed facts;

     (4) A list of witnesses and a summary of their testimony;

     (5) A list of exhibits and a statement of the contents of each;

     (6) Such other matters as the Commission may require in order to expedite the hearing and appeal.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Comission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-140. Hearing.

     (1) The hearing before the Commission shall be "de novo" but shall include the record submitted by the Executive Director.

     (2) Conduct of hearing:

     (a) The hearing shall be conducted in the following order:

     (A) The Executive Director shall briefly summarize the decision on appeal and any recommendation if different from the decision on appeal;

     (BA) The appellant petitioner shall present its evidence including that of any witnesses;

     (CB) Any person supporting the appellant shall present his or her testimony and evidence in support of the appellant; The other party(ies) shall have the opportunity to present evidence disputing that of the petitioner;

     (D) Any person opposing the appellant shall present his or her testimony and evidence opposing the appellant;

     (E) Any person who wishes to offer evidence or testify but neither supports nor opposes the appellant shall present his or her testimony.

     (F) The Executive Director may respond to the testimony and evidence presented raised by the testimony and evidence presented by the written and oral testimony, including exhibits.

     (GC) The appellant petitioner shall be allowed to present rebuttal evidence as permitted by the Commission, limited to the specific issues raised by the testimony and evidence presented by the written and oral testimony, including exhibits, and the Executive Director;

     (H) The applicant, if different than the appellant and if an intervenor, shall be allowed to present rebuttal evidence limited to the specific issues raised by the testimony and evidence presented by the written and oral testimony, including exhibits, and the Executive Director.

     (b) The appellant and members of the Gorge Commission may ask questions orally of the persons testifying. Any other person who desires to ask a question shall submit that question in writing to the Chair of the Commission, who shall ask the question on behalf of the person. The Chair of the Commission may choose not to ask any question that is repetitious, unduly prejudicial, or unrelated to the testimony and issues raised in the appeal. The Chair of the Commission may also limit the number of questions, including from members of the Commission and the appellant to ensure hearings proceed on schedule with the Commission's agenda. Any witness is subject to cross examination by opposing parties;

     (c) Any member of the Commission may question any person testifying, including witnesses;

     (d) The burden of presenting evidence in support of a fact or proposition rests on the proponent of the fact or proposition;

     (e) The Commission may continue a hearing, may leave open the record for submission of additional evidence necessary to address issues raised at the hearing, and may set time limits for any hearing, including time limits for oral presentations;

     (f) Exhibits shall be marked to identify the person party offering the exhibits. The Appellant shall mark his or her exhibits as "Appellant's Exhibit [n]." All other participants shall mark their exhibits as "[PARTICIPANT'S NAME's] Exhibit [n]." The exhibits shall be preserved by the Commission as part of the record.

     (3) Evidentiary Rules:

     (a) Evidence of a type commonly relied upon reasonably prudent person in conduct of their serious affairs shall be admissible.

     (b) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

     (c) All evidence not objected to, shall be received by the Commission, subject to the Commission's power to exclude irrelevant, immaterial or unduly repetitious matter.

     (d) Evidence objected to may be received by the Commission. The Chair of the Commission shall rule on all offers of evidence, including objections to testimony. Rulings on the admissibility of such evidence, if not made at the hearing, shall be made at or before the time a final order is issued.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Comission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-150. Depositions.

     On petition of any person party, the Chair of the Commission may order testimony of any witness to be taken by deposition in the same manner prescribed for depositions in civil actions. Depositions may also be taken by the use of audio or audio visual recordings. The petition for deposition shall set forth:

     (1) The name and address of the witness whose testimony is desired;

     (2) A showing of relevance and materiality of the testimony;

     (3) A request for an order that the testimony of the witness be taken.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-160. Subpoenas.

     The Chair of the Commission shall issue subpoenas to any person party to the appeal upon written request and upon a showing that the witness or the documents to be subpoenaed will provide relevant evidence generally not available without subpoena. Subpoenas may also be issued under the signature of the attorney of record for a person of a party. Witnesses appearing pursuant to subpoena, other than the appellant, any person providing written or oral testimony, parties or employees of the Commission, shall be tendered fees and mileage as prescribed by law for witnesses in civil actions. The person party requesting the subpoena shall be responsible for service of the subpoena and tendering the witness and mileage fees to the witness.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Comission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-170. Intervention.

     (1) Standing to Intervene: The applicant and any interested person who appeared before the Executive Director may intervene in an appeal review proceeding before the Commission. Status as an intervenor shall be recognized upon filing a Notice of Intervention. by letter or order of the Commission when a motion to intervene is filed.

     (2) Motion to Intervene Notice of Intervention: In the interests of promoting timely resolution of appeals, a motion to intervene Notice of Intervention shall be filed at the Commission office within 14 10 days after the Notice of Intent to Appeal and Petition is filed pursuant to 350-70-050. The motion to intervene Notice of Intervention (exhibit 23) shall:

     (a) State whether the person supports or opposes the appellant, or whether the person neither supports nor opposes the appellant; the party is intervening on the side of the petitioner or the respondent;

     (b) Include a brief statement of the reasons for filing the motion for intervention, including citations to the decision and land use ordinance, if different than the reasons set forth in the Notice of Appeal. State the facts which show the party is entitled to intervene, supporting the statement with affidavits, citations to the record or other proof;

     (c) Include a brief "Intervenor's ADR Statement" stating whether the intervenor is willing to attempt to participate in resolving the case through negotiation through negotiation or alternative dispute resolution, such as mediation. This statement shall not be used to argue merits of the appeal.

     (cd) Be served upon the Commission and on the appellant and all other persons who have filed a Notice of Intervention. parties.

     (3) A person who files a Notice of Intervention shall be entitled to receive a copy of all matters that are filed with the Commission.

     (43) Intervenor's Brief: Submission:

     (a) If intervention is sought as a petitioner, the submission (or brief) shall be filed within the time limit for filing the Request for Review, and shall satisfy the requirements for a Request for Review An intervenor who supports the Appellant may file an brief, due at the same time as the appellant's brief, that satisfies the requirements in 350-70-090, except that the Brief shall be entitled, "Intervenor [NAME]'s Brief in Support of Appellant".

     (b) If intervention is sought as a respondent, the submission (or brief) shall be filed within the time for filing a respondent's brief and shall satisfy the requirements for a respondent's brief in 350-70-100. An intervenor who opposes the Appellant may file an brief, due at the same time as the appellant's brief, that satisfies the requirements in 350-70-090, except that the Brief shall be entitled, "Intervenor [NAME]'s Brief Opposing Appellant", and shall have a red cover.

     (4) Objections to a motion to intervene shall be filed within 7 days of the filing of the motion.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEAL SECTION

350-70-180. Amicus Participation.

     (1) A person or organization may appear as amicus only by permission of the Commission on written motion. The motion shall set forth the specific interest of the movant and state reasons why a review of relevant issues would be significantly aided by participation of the amicus. A copy of the motion shall be served on all parties to the proceeding.

     (2) Appearance as amicus shall be by submission and/or brief only. An amicus brief shall be subject to the same rules as those governing briefs of parties to the appeal and shall be filed within the time required for filing respondent's brief. No filing fee is required. An amicus brief shall have a green cover.

     (3) An amicus brief shall be submitted at the time the respondent's brief is due.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-190. Consolidation.

     The Commission, at the request of any party person or on its own motion, may consolidate two or more proceedings, provided the proceedings seek review of the same or closely related land use decision(s).

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-200. Extensions of Time.

     (1) In no event shall the time limit for the filing of the Notice of Intent to Appeal and Petition be extended.

     (2) All other time limits may be extended upon written consent of the appellant and participants, the Commission's motion, or the motion of the appellant or a participant. In no event shall the time limit for the filing of the Request for Review be extended without good cause shown, written consent by all parties and approval of the Gorge Commission.

     (3) A motion for extension of time shall state the reasons for granting the extension and must be filed and served within the time required for performance of the act for which an extension of time is requested. In the event the Commission extends the deadline for issuance of its final order without consent of the parties, it shall enter the specific findings to explain such action.

     (4) A first motion for extension of time for any act, which requests an extension for no greater than 30 days and is stipulated to by all the appellant and all intervenors, shall be presumed granted on the date that the motion is filed. The Chair of the Commission shall confirm the extension to the appellant and all intervenors.

     (5) Any other motion for extension of time that is stipulated to by all the appellant and all intervenors shall be presumed granted for a period of 14 days. The Chair of the Commission shall issue an order granting or denying the extension, and may modify the request.

     (6) Any motion for extension of time that is not stipulated to by the appellant and all intervenors shall be treated as a contested motion pursuant to 350-70-130 above.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-210. Stays.

     (1) Only an appellant or intervenor who would have standing to appeal a land use decision may file a motion for a stay. The movant may file a Notice of Intervention concurrently with the motion for a stay. A motion for a stay of a land use decision shall include:

     (a) A statement setting forth the movant's right to standing to appeal the decision;

     (b) A statement explaining why the challenged decision is subject to the Commission's jurisdiction;

     (c) A statement of facts and reasons for issuing a stay, demonstrating a colorable claim of error in the decision and specifying how the movant will suffer irreparable harm if a stay is not granted;

     (d) A suggested expedited briefing schedule;

     (e) A copy of the decision under review and copies of all ordinances, resolutions, plans or other documents necessary to show the standards applicable to the decision under review.

     (2) A copy of a motion for stay shall be served on the Executive Director and the applicant for the land use decision, as well as any other parties, if any, on the same day the motion is filed with the Commission.

     (3) Unless otherwise ordered by the Chair of the Commission, a response to a motion for a stay of a land use decision shall be filed within 10 days after the motion is filed and shall set forth all matters in opposition to the motion and any facts showing any adverse effect, including an estimate of any monetary damages that will accrue if a stay is granted.

     (4) The Chair of the Commission shall base her its decision on the stay, including the right to a stay, or conditions of any stay order, upon the motion presented. Documents may be attached to the motion in the form of affidavits, maps or other materials, or presented at a hearing which may be convened at the discretion of the Chair of the Commission and follow the process in 350-70-140.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-220. Final Order of Commission.

     (1) An Final Order of the Commission shall: is final when the cover page of the order containing the caption of the appeal:

     (a) Contain the caption of the appeal and state States "Final Opinion and Order";

     (b) Contains findings of fact and conclusions of law or incorporates them from the record below.

     (c) Indicates whether the Commission's decision being reviewed is dismissed, affirmed, reversed or remanded;

     (d) Contains the date of the final order; and

     (e) Be signed by the Chair of the Commission. Is date stamped by the Commission.

     (2) The order shall be mailed to served on all parties.

     (3) When an order of the Commission becomes final it shall be made available to interested members of the public. The Commission may charge a reasonable fee for copies of its final orders or other orders furnished to members of the public.

     (4) Notwithstanding subsections (1) (a) and (b) of this section, an order granting a motion to dismiss an appeal is a final order.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

350-70-225. Dismissal by the Commission

     (1) Voluntary dismissal: The Chair of the Commission shall dismiss an appeal upon motion by the Appellant. The dismissal shall be considered with prejudice and shall be effective on the date it is filed.

     (2) Involuntary Dismissal: The Chair of the Commission may dismiss an appeal when it appears to the Chair that the Appellant has failed to prosecute the appeal diligently; when the appeal is moot, or any other situation in which continuing the case would be manifestly unjust. The Chair of the Commission shall send a Notice of Intent to Dismiss stating the facts and reason for dismissal. The Appellant and intervenors shall have 10 days to respond to the notice, unless the Notice of Intent to Dismiss specifies a longer time.

     (3) The Chair of the Commission shall issue and serve on the Appellant and intervenors an order of dismissal, which shall be an appealable action by the Commission.

     (4) When an appeal is dismissed, the Commission shall make no decision on the merits of the appeal. In the event that the Appellant and intervenors have entered into any settlement agreement concerning the issues raised in the appeal, the Commission shall not be bound by any terms of the settlement agreement in the instant or future matters.

     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

350-70-230. Reversal or Remand of Land Use Decisions.

     (1) The Chair of the Commission may grant a stipulated motion for a voluntary remand of a land use decision, or may order a remand upon motion by the Executive Director upon finding that all of the following criteria are met.

     (a) The Executive Director shall rescind the land use decision that is the subject of the appeal;

     (b) The Executive Director shall agree to address all of the issues raised in the appeal in a subsequent land use decision, however, the Executive Director shall not be required to issue any subsequent land use decision;

     (c) In issuing a subsequent land use decision, the Executive Director shall follow all procedures that would apply if the matter were being considered for the first time.

     (d) An oral decision of the Commission has not been rendered in the matter.

     (1) The Commission shall reverse a land use decision when:

     (a) The Executive Director exceeded his/her jurisdiction;

     (b) The decision is unconstitutional;

     (c) The decision violates a provision of applicable law and is prohibited as a matter of law; or

     (d) The decision was clearly erroneous or arbitrary and capricious.

     (2) The Commission shall remand a land use decision for further proceedings when:

     (a) The findings are insufficient to support the decision;

     (b) The decision is not supported by substantial evidence in the whole record;

     (c) The decision is flawed by errors that prejudice the substantial rights of the petitioner(s); or

     (d) The decision improperly construes the applicable law.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

EXHIBIT 1 (350-70-050)
BEFORE THE COLUMBIA RIVER GORGE COMMISSION
In the matter of an appeal of Development Review Decision No. [FILE NUMBER] By Jane Clark ((Jane Clark,           Petitioner,      vs. Executive Director,           Respondent.))	) ) ) ) ) ) ) ) ) ) )	NOTICE OF APPEAL CRGC No.
NOTICE OF INTENT TO APPEAL AND PETITION

     The reasons for this appeal are: [SET FORTH THE REASONS FOR FILING THE APPEAL, INCLUDING CITATIONS TO THE DECISION AND LAND USE ORDINANCE].

     ADR STATEMENT: [SET FORTH A BRIEF STATEMENT INDICATING WHETHER YOU ARE WILLING TO ATTEMPT TO RESOLVE THE APPEAL THROUGH MEDIATION OR OTHER ALTERNATIVE DISPUTE RESOLUTION].

     Respondent, Executive Director, has as its mailing address and telephone number: [INDICATE MAILING ADDRESS AND TELEPHONE NUMBER] and has, as its legal counsel: [INDICATE NAME, ADDRESS AND TELEPHONE NUMBER].

     Other persons mailed written notice of the land use decision by Executive Director, as indicated by its records in this matter, include: [INDICATE NAMES, ADDRESSES AND TELEPHONE NUMBER OF ALL PERSONS WHOM THE EXECUTIVE DIRECTOR'S RECORDS INDICATE WERE MAILED WRITTEN NOTICE OF THE LAND USE DECISION. THE TELEPHONE NUMBERS OF SUCH PERSONS MAY BE OMITTED].

NOTICES:

     Anyone designated in paragraph III of this Notice who desires to receive a copy of the record and participate in all matters prior to the hearing, as a party in this case before the Columbia River Gorge Commission must file with the Commission a Motion to Intervene in this proceeding as required by CR Commission Rule 350-70-170 130. Filing a motion to intervene is not a prerequisite to giving written or oral testimony in this appeal.

     The Commission will set the date for hearing and provide notice of the hearing approximately 20 days prior to the date of the hearing.

     Written comments on the appeal will be accepted by the Commission until the close of the public hearing, but that persons are encouraged to submit written comments within 60 days from the date of the Notice of Appeal.

	Dated:
	Petitioner (each petitioner must sign)
or	Attorney for Petitioner(s)

[Add Certificate of Service. See form in Exhibit 3.]

    

((	Dated:
	Signature))

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEAL SECTION

((EXHIBIT 2 (350-70-070) TABLE OF CONTENTS OF RECORD
ITEM	PAGE
1.	Notice of Intent to Appeal and Petition . . . . . . . . . . . . 1
2.	Notice of Intervention, Friends of the Columbia Gorge . . . . . . . . . . . . 2
3.	Notice of Intervention, Columbia Gorge United . . . . . . . . . . . . 3
4.	Final decision, including findings of fact and conclusions . . . . . . . . . . . . 2
5.	Application and supplemental documents submitted by the applicant . . . . . . . . . . . . 3
6.	Notice of Application . . . . . . . . . . . . 4
7.	Comments submitted to the Executive Director
a.	Comments from Gary K. Kahn, Friends of the Columbia Gorge, dated April 10, 1991 . . . . . . . . . . . . 5
b.	Comments from Esson H. Smith, Columbia Gorge United, dated April 4, 1991 . . . . . . . . . . . . 6
c.	Comments from Levi George, Confederated Tribes and Bands of the Yakima Indian Nation, dated April 15, 1991 . . . . . . . . . . . . 7))

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

EXHIBIT 23 (350-70-1730)
BEFORE THE COLUMBIA RIVER GORGE COMMISSION
In the matter of an appeal of Development Review Decision No. [FILE NUMBER] By Jane Clark ((Jane Clark,           Petitioner,      vs. Executive Director,           Respondent.))	) ) ) ) ) (() ) ) ) ) ) )))	JOHN SMITH'S NOTICE OF INTERVENTION CRGC No.
MOTION TO INTERVENE

     [IF THE REASONS FOR INTERVENING DIFFER FROM THE REASONS FOR THE APPEAL AS SET FORTH IN THE NOTICE OF APPEAL, THEN STATE THE REASONS, INCLUDING CITATIONS TO THE DECISION AND LAND USE ORDINANCE.]

     ADR STATEMENT: [SET FORTH A BRIEF STATEMENT INDICATING WHETHER YOU ARE WILLING TO ATTEMPT TO RESOLVE THE APPEAL THROUGH MEDIATION OR OTHER ALTERNATIVE DISPUTE RESOLUTION].

Date		John Smith
	or	Barbara Neil, Attorney for John Smith

[Add Certificates of Filing and Service on separate page. See forms in Exhibits 3 4 and 5.]

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEAL SECTION

((	Dated:
	Signature))

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

John Appellant (or Attorney)

123 Main Street

City, State, Zip

John Intervenor (or Attorney)

124 Main Street

City, State, Zip

	Dated:
	Signature

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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