Or. Admin. R. 661-010-0035

Current through Register Vol. 63, No. 4, April 1, 2024

Section 661-010-0035 - Respondent's Brief

(1) Filing and Service of Brief: Unless otherwise provided by the Board, respondent's brief together with one copy shall be filed within 42 days after the date the record is received or settled by the Board. See OAR 661-010-0025(2) and 661-010-0026(6). A copy of the respondent's brief shall be served on the petitioner or the lead petitioner, if one is designated, and all intervenors or the lead intervenor, if one is designated.

(2) Specifications of Brief: Respondent's brief shall conform to the specifications of the petition for review at OAR 661-010-0030(2), except that the brief shall have red front and back covers. If there is more than one respondent, the front cover page shall specify which respondent is filing the brief. Respondent's brief shall be subject to OAR 661-010-0030(3). If multiple petitions for review or intervenor-petitioner's briefs are filed, then the respondent and any intervenors-respondents may each file a consolidated brief in response, which shall be limited to 15,000 words unless permission for a longer brief is given by the Board. Respondent and intervenors-respondents are encouraged to coordinate their briefing to avoid repetitive and overlapping arguments.

(3) Contents of Brief:

(a) The respondent's brief shall follow the form prescribed for the petition for review, but need not contain the final decision. 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 the facts alleged can be found.

(b) Respondent shall accept or challenge petitioner's statement of the Board'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.

(c) A response brief shall not include an assignment of error or cross-assignment of error.

(4) The respondent's brief may include appendices containing verbatim transcripts of media recordings that are part of the record.

(5) Amended Brief: The Board may allow the filing of an amended brief in accordance with OAR 66l-010-0005.

(6) Response briefs that respond to a cross petition for review shall be filed within the time limit required for filing the response brief under subsection (1) of this rule and must comply in all respects with the requirements governing response briefs.

Or. Admin. R. 661-010-0035

LUBA 1-1979(Temp), f. & ef. 11-1-79; LUBA 2-1980, f. & ef. 4-29-80; LUBA 1-1983, f. & ef. 10-3-83; LUBA 1-1987, f. & ef. 12-30-87; LUBA 1-1994, f. & cert. ef. 6-22-94; LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98; LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02; LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10; LUBA 1-2016, f. 12-22-16, cert. ef. 1/1/2017; LUBA 1-2022, temporary amend filed 01/25/2022, effective 2/1/2022 through 7/30/2022; LUBA 2-2022, temporary amend filed 01/26/2022, effective 2/1/2022 through 7/30/2022; LUBA 3-2022, amend filed 07/20/2022, effective 8/1/2022

Exhibits referenced is not included in rule text. Click here for PDF of attachmen.

Statutory/Other Authority: ORS 197.820(4)

Statutes/Other Implemented: ORS 197.830(13)(a)