PERMANENT RULES
GORGE COMMISSION
Date of Adoption: June 10, 2003.
Purpose: Amend commission procedural rules for appeals of land use decisions by the executive director of the gorge commission to clarify, simplify, and expedite appeal procedures.
Citation of Existing Rules Affected by this Order: Repealing 350-70-100 and 350-70-180; and amending 350-70-000, 350-70-020, 350-70-040, 350-70-050, 350-70-060, 350-70-070, 350-70-080, 350-70-090, 350-70-110, 350-70-120, 350-70-130, 350-70-140, 350-70-150, 350-70-160, 350-70-170, 350-70-190, 350-70-200, 350-70-210, 350-70-220, and 350-70-230.
Statutory Authority for Adoption: RCW 43.97.015.
Other Authority: 16 U.S.C. 544c(b); 16 U.S.C. 544m (a)(2).
Adopted under notice filed as WSR 03-09-079 on April 17, 2003.
Changes Other than Editing from Proposed to Adopted Version: Significant changes from proposed to adopted version include: 350-70-040 (11)(b), 350-70-070(2), 350-70-075 (6)(A), 350-70-050 (3)(j), 350-70-220 (2)(a) and (b) and 350-70-240 (1), (2), (3), (4), and (7). The commission made other minor wording changes throughout.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 20, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 20, Repealed 2.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The
commission voted to make the rules effective August 1, 2003,
to ensure that the rules would be effective at the same time
in both Oregon and Washington.
Effective Date of Rule:
August 1, 2003.
June 20, 2003
Nancy A. Andring
Rules Coordinator
Chapter 350
Division 70
Appeals From Decisions Under Gorge Commission Ordinances
Amended December 13, 1994
Amended August 1, 2003
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.
350-70-010. Authority.
The National Scenic Act authorizes appeals to the Gorge
Commission by a person or entity adversely affected by a final
action or order, and this includes decisions by the Executive
Director under a land use ordinance for a county adopted by
the Gorge Commission.
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.
350-70-030. Application.
These rules are intended to promote the efficient review
of land use decisions in accordance with the National Scenic
Act while affording all interested persons reasonable notice
and opportunity to intervene, reasonable time to prepare and
submit their cases, and a full and fair hearing. The rules
shall be interpreted to carry out these objectives and to
promote justice.
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 on the other parties shall include a certification that the document was served on the same or earlier date that the document was filed. Service shall occur on all parties in the same manner, but need not occur in the manner which the original 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.
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 matters without oral argument, unless the Chair desires an oral hearing. The decision of the Chair of the Commission or presiding officer pursuant to this authority shall be final and not 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.
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.
350-70-047. Who May Appeal.
(1) The applicant, any person who submitted a timely
written comment on a land use application, or any person
entitled under 350-70-240 may appeal the final decision of an
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.
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 receive a copy of the record an/or 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 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.
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.
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.
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.
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 a settlement changes the proposed development or any conditions of approval, the Executive Director shall provide notice of the changes to all persons entitled to receive notice of the original application. If the changes are substantial, then the Executive Director shall conduct a complete review of the changes in the same manner as if the settlement was a new land use application.
(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.
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.
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 Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.
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 Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.
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.
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 Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.
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 by a 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 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.
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.
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 Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.
350-70-170. Intervention.
(1) Standing to Intervene: The applicant and any 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 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 a 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 a 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 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.
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.
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.
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.
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 a 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.
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.
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.
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 either rescind the land use decision that is the subject of the appeal or provide that any new or modified land use decision shall supercede the remanded decision;
(b) The Executive Director shall not be required to issue a subsequent land use decision, but if he or she does, then he or she shall agree to address all of the issues raised in the appeal in that subsequent land use decision.
(c) The Executive Director shall follow all applicable notice and review procedures in modifying the remanded decision or issuing a new land use decision.
(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.
350-70-240 Special Rules for Filing of Appeal After Expiration of Appeal Period
(1) This section is intended to prevent manifest
injustice that would result by the Executive Director's
failure to comply with all procedural requirements such that
an interested person was unable to meaningfully participate in
a land use decision process. This section shall not be used
to redress problems that may be redressed through an
enforcement action, whether or not any enforcement action is
actually undertaken.
(2) If the Executive Director approves a development that is materially different from the proposal described in the notice of development to such a degree that a reasonable person could not have understood the notice of development to describe the Executive Director's final actions, then an adversely affected person may file an appeal of the decision within 30 days of actual notice of the decision.
(3) If the development constructed is materially different from the development allowed in the Executive Director's decision to such a degree that a reasonable person could not have understood the decision to allow the actual development constructed, then an adversely affected person may file an appeal within 30 days after actual notice of the material difference, or within 30 days after the person reasonably should have known about the material difference, whichever is sooner.
(4) If the Executive Director fails to provide notice of the proposed development or a copy of the final decision to a person who is legally entitled to the notice or decision, or has requested to receive the notice or decision, then that person may file an appeal within 30 days after actual notice of the approved development.
(5) In no event shall the time for appeal exceed the time period that the Executive Director's decision is valid.
(6) A person intending to file an appeal pursuant to this section shall first attempt to resolve that person's concern with the Executive Director. The Executive Director shall give due consideration to the concerns raised and shall not rely solely on whether the concerns were timely raised. The Executive Director may choose to address that person's concerns administratively.
(7) If the Executive Director does not agree to address the person's concerns administratively within 25 days, then the person may file the appeal directly with the Commission. In addition to the requirements for the Notice of Appeal specified in 350-70-050, the appellant shall state the relevant facts and argument to establish standing to maintain the appeal.
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.
| EXHIBIT 1 | ||||
| (350-70-050) | ||||
| BEFORE THE COLUMBIA RIVER GORGE COMMISSION | ||||
| In the matter of an appeal of Development | ) ) |
|||
| Review Decision No. [FILE NUMBER] | ) ) |
NOTICE OF APPEAL | ||
| By Jane Clark | ) | |||
I.
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) |
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.
(350-70-070)
TABLE OF CONTENTS
OF RECORD
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.
| EXHIBIT 2 |
||||
| (350-70-17 |
||||
| BEFORE THE COLUMBIA RIVER GORGE COMMISSION | ||||
| In the matter of an appeal of Development | ) ) |
|||
| Review Decision No. [FILE NUMBER] | ) ) |
JOHN SMITH'S | ||
| By Jane Clark | ) ) |
NOTICE OF INTERVENTION | ||
| ) | ||||
I.
[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 |
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.
CERTIFICATE OF FILING
[For Document Other Than
Notice of Intent to Appeal]
I hereby certify that on [INDICATE DATE], I filed the original
of this [IDENTIFY DOCUMENT], together with [INDICATE NUMBER OF COPIES] copies,
with the Columbia River Gorge Commission, 288 E. Jewett Blvd.,
P.O. Box 730, White Salmon, WA 98672, by (a) first class mail
or (b) personal delivery [INDICATE WHICH].
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.
CERTIFICATE OF SERVICE
[For Document Other Than
Notice of Intent to Appeal]
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.