6-13-2: APPELLATE AUTHORITY:

   A.   The appellate body for appeals from administrative determinations of the Director shall be the Planning Commission.

   B.   The appellate body for appeals from final decisions of the Planning Commission shall be the County Court.

   C.   Appeals from decisions of the County Court shall be in conformance with the applicable ORS provisions. (Ord. 86, 12-7-1993)

6-13-3: FILING APPEALS:

   A.   To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the Planning Department, an appeal fee, and the appellant must pay for the transcription of the hearing appealed from and submit the transcript to the County Planning Department. No transcript is required for appeals from the decision of the Planning Director.

   B.   The notice of appeal and appeal fee must be received at the office of the Malheur County Planning Department no later than five o'clock (5:00) P.M. on the tenth day following mailing of the decision. Notices of appeals may not be received by facsimile machine.

   C.   The transcript of the hearing may be submitted to the Planning Department within ten (10) days after the date notice of appeal is filed, or within ten (10) days after the hearing tape is mailed or given to the appellant, whichever is later. (Ord. 86, 12-7-1993)

6-13-4: NOTICE OF APPEAL:

Every notice of appeal shall include:

   A.   A statement raising any issue relied upon for appeal with sufficient specificity to afford the hearings body an adequate opportunity to respond to and resolve each issue.

   B.   A request that the Planning Department supply appellant with a copy of the magnetic tape record of any hearing before the Planning Commission unless such tape has already been requested. (Ord. 86, 12-7-1993)

6-13-5: HEARING ON APPEAL:

   A.   All persons filing a notice of appeal shall be a party to an appeal.

   B.   All parties shall be mailed notice of the hearing on appeal at least ten (10) days prior to the hearing.

   C.   The review on appeal of the decision of the Planning Director shall be de novo and shall be heard as provided in "Land Use Action Hearings", of this Title. All appeals from the Planning Commission's final decision shall be based on the record made before the Commission.

   D.   The order of the hearings body shall be as provided in this Title.

   E.   The record of the proceeding from which appeal is taken shall be a part of the record on appeal. (Ord. 86, 12-7-1993)

6-13-6: REHEARING:

Rehearings shall not be allowed. (Ord. 86, 12-7-1993)