Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Amending existing rules to clarify and streamline processes for commission and other users.
Hearing Location(s): Multnomah County Rural Fire Protection District #14, 36930 East Historical Columbia River Highway, Corbett, Oregon, on February 8, 2011, at 9:00 a.m. (Note this is the beginning of the commission's regular meeting. The actual hearing time may be later.)
Date of Intended Adoption: February 8, 2011.
Submit Written Comments to: Jill Arens, Executive Director, P.O. Box 730, White Salmon, WA 98672, e-mail email@example.com, by February 1, 2011.
Assistance for Persons with Disabilities: Contact Nancy Andring by February 1, 2011.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to all rules except 350-81 are being 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 a settlement agreement in another pending litigation matter. Interested persons may contact the commission office for copies of the relevant court decisions. These changes resulting from the court decisions have 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 agreement are procedural for users and commission staff.
The intent of these rules is to reduce the time and expense for local governments and other users of the rules. For example, the commission is proposing to allow electronic filing of records and other briefs in appeals before the commission. This will reduce the time to duplicate and mail and the expense of paper and postage. One proposed amendment, to rule 350-60-060, could require local governments to submit more paper copies of an appeal record than required by current rules, but this is not certain. The changes to Div. 81 resulting from the court decisions may require additional commission staff labor, but the commission is unable to quantify the amount or cost.
Reasons Supporting Proposal: See above description of purpose of rule.
Statutory Authority for Adoption: RCW 34.97.015, ORS 196.150, 16 U.S.C. § s544e.
Statute Being Implemented: RCW 34.97.015, ORS 196.150, 16 U.S.C. § s544e.
Rule is necessary because of federal law, and [no further information supplied by agency].
Name of Proponent: Columbia River Gorge Commission, governmental.
Name of Agency Personnel Responsible for Drafting: Jeffrey B. Litwak, Counsel, Columbia River Gorge Commission, P.O. Box 730, White Salmon, WA, (509) 493-3323; Implementation and Enforcement: Jill Arens, Executive Director, Columbia River Gorge Commission, P.O. Box 730, White Salmon, (509) 493-3323.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed amendments do not add substantive regulations. Most of the proposed amendments govern commission procedures and will not have any effect on small businesses. The other rules are required by a decision of the Oregon Supreme Court in Friends of the Columbia Gorge v. Columbia River Gorge Comm'n, 346 Or 366, 213 P3d 1164 (2009).
A cost-benefit analysis is not required under RCW 34.05.328. Most of the proposed amendments govern only commission procedures and are exempt pursuant to RCW 34.05.328 (5)(b)(ii) and (iii); the substantive rules are required by a decision of the Oregon Supreme Court in Friends of the Columbia Gorge v. Columbia River Gorge Comm'n, 346 Or 366, 213 P3d 1164 (2009).
December 7, 2010
Nancy A. Andring
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 11-02 issue of the Register.