Effective Date of Rule: May 1, 2011.

     Purpose: Changes to all rules except 350-81 were made to clarify and streamline internal commission processes and process for users of commission rules. These changes are needed to reduce workload for commission staff as a result of its significantly reduced budget during the past biennium and going forward. Changes to rule 350-81 are required by remand from the Oregon Court of Appeals and Oregon Supreme Court and were the result of settlement discussions in another pending litigation matter. Interested persons may contact the commission office for copies of the relevant court decisions. There is no settlement agreement. These changes resulting from the court decisions have already been adopted into the management plan for the national scenic area and received the concurrence of the secretary of agriculture. The changes resulting from the settlement discussions are procedural for users and commission staff.

     Citation of Existing Rules Affected by this Order: Repealing 350-120-0025, 350-120-0030 and 350-120-0040; and amending 350-30-0015, 350-30-0020, 350-30-0025, 350-30-0030, 350-30-0060, 350-30-0080, 350-40-0010, 350-40-0020, 350-40-0050, 350-40-0060, 350-40-0065, 350-40-0070, 350-40-0080, 350-50-0020, 350-50-0035, 350-50-0040, 350-50-0045, 350-50-0060, 350-50-0070, 350-50-0080, 350-50-0085, 350-50-0090, 350-50-0100, 350-60-0040, 350-60-0042, 350-60-0045, 350-60-0050, 350-60-0055, 350-60-0060, 350-60-0070, 350-60-0080, 350-60-0100, 350-60-0110, 350-60-0120, 350-60-0130, 350-60-0160, 350-60-0170, 350-60-0190, 350-60-0200, 350-60-0205, 350-60-0210, 350-70-0040, 350-70-0042, 350-70-0045, 350-70-0050, 350-70-0070, 350-70-0080, 350-70-0090, 350-70-0120, 350-70-0170, 350-70-0200, 350-70-0210, 350-70-0220, 350-70-0225, 350-81-0020, 350-81-0082, 350-81-0540, 350-81-0560, 350-81-0570, 350-81-0580, 350-81-0590, and 350-120-0050.

     Statutory Authority for Adoption: RCW 43.97.015.

     Other Authority: ORS 196.150; 16 U.S.C. § 544e.

      Adopted under notice filed as WSR 11-01-050 on December 7, 2010.

     Changes Other than Editing from Proposed to Adopted Version: 350-50-035(1) was changed to clarify that mapping discrepancies are those created by using maps with different and coarse scales.

     350-50-100(1) was changed to add a minimum of thirty days between issuing a director's report and scheduling a hearing.

     350-60-060(5) (proposed new language) was not adopted.

     350-60-040(5) and 350-70-040(6) were changed to specify that a document that is e-mailed prior to midnight on the due date is considered filed on that date.

     350-60-205(1) and 350-70-225(1) and were changed to replace "prior to the start of the oral argument" with "prior to an oral decision."

     350-60-220 and 350-70-230 were not amended.

     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 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 55, Repealed 3.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 55, Repealed 3.

     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.

     Date Adopted: March 8, 2011.

Nancy A. Andring

Rules Coordinator

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-09 issue of the Register.

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