Or. Admin. R. 350-060-0070 - Objections to the Record
(1)
Before filing an objection to the record, a party shall attempt to resolve the
matter with the governing body.
(2)
An objection to the record shall be filed at the Commission office and served
within 10 days following service of the record on the party filing the
objection. The party 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 governing body 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 the governing body. 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 the
governing body. The item(s) not included as part of the record during the
proceedings before the governing body shall be specified, as well as the basis
for the claim that the item(s) are not part of the record.
(c) The minutes do not accurately reflect the
proceedings, or the transcripts of the meetings or hearings are
incomplete.
(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
governing body to produce additional evidence to prove the accuracy of the
contested minutes or transcripts. If the evidence regarding contested minutes
is in an audiotape recording, a transcript of the relevant portion shall be
submitted.
(4) The Chair of the
Commission may conduct a telephone conference with the parties to consider any
objections to the record.
(5) 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 the record settled
and setting forth the schedule for subsequent events. Unless otherwise provided
by the Chair of the Commission, the date of the Chair's letter or order shall
be deemed the date that the record is settled for purposes of computing
subsequent time limits. A letter or an order of the Chair settling the record
is not appealable to the full Commission.
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