Or. Admin. R. 661-010-0012

Current through Register Vol. 63, No. 9, September 1, 2024

Section 661-010-0012 - Appearance and Representation Before the Board

(1) Appearances Before the Board: An individual shall either appear on their own behalf or be represented by an attorney. A corporation or other organization shall be represented by an attorney. In no event may a party be represented by someone other than an active member of the Oregon State Bar. In the event someone other than an active member of the Oregon State Bar files a notice of intent to appeal on behalf of a corporation, other organization, or another individual, the individual filing the notice of intent to appeal will be given an opportunity to provide an amended notice of intent to appeal that conforms with this section. If an amended notice of intent to appeal is not filed within the time set by the Board, then the Board will dismiss the appeal.

(2) Notice of Representation: If a party retains or changes counsel after an appeal is filed, including a change from one attorney to another or addition of an attorney within the same law firm, then the party shall file a notice of representation in writing. The notice of representation may not be combined with another document and shall contain the name, address, and telephone number of the attorney. See Exhibit 8.

(3) Representation by Co-Counsel: Where a party is represented by more than one attorney, including more than one attorney within the same law firm, the party must designate one attorney as lead counsel, who will be that party's counsel for the purpose of receiving documents from the Board and other parties. Lead counsel is responsible for notifying co-counsel of documents and communications received from the Board and other parties.

(4) Duty To Maintain Current Contact Information: All parties to an appeal have a duty to maintain current contact information with the Board, including during the time that an appeal is pending or suspended, until the final opinion and order is issued. Unless updated contact information is provided, the Board shall rely on the contact information provided in the notice of intent to appeal, motion to intervene, or notice of representation.

(5) Notice of Withdrawal: Where an attorney withdraws from representation in an appeal, the attorney shall file a notice of withdrawal in writing. The notice of withdrawal may not be combined with another document. The notice of withdrawal shall contain the name, address, and telephone number of the party and the name, address, and telephone number of the new attorney, if one is being substituted. A notice of withdrawal shall be promptly filed and include any pending deadlines. See Exhibit 9.

(6) Lead Petitioner or Intervenor:

(a) A lead petitioner is responsible for notifying the other petitioners of documents and communications received from the Board and other parties, but each petitioner remains responsible for their own representation.

(b) A lead intervenor is responsible for notifying the other intervenors of documents and communications received from the Board and other parties, but each intervenor remains responsible for their own representation. A lead intervenor's responsibilities under this subsection extend only to intervenors who joined in the lead intervenor's motion to intervene and does not extend to intervenors who filed separate motions to intervene.

(7) Notice of Related Matters: When a party files a notice of intent to appeal, a motion to intervene, or a brief, if the party is aware of another appeal pending before the Board or in another forum that involves the same or a closely related land use matter, then the party shall file a notice with the Board identifying the related matter by title and case number. The notice may not be combined with another document. A party may likewise notify the Board if the party is aware of another matter pending in another forum that raises the same or a closely related legal issue. A party need not notify the Board of a related matter if another party has already done so. See Exhibit 10.

Or. Admin. R. 661-010-0012

LUBA 3-2022, adopt filed 07/20/2022, effective 8/1/2022

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 197.820(1), ORS 197.820(4)(a) & ORS 197.820(4)(b)

Statutes/Other Implemented: ORS 197.830(9), ORS 197.830(13)(a), ORS 197.830(15) & ORS 197.835(3)