18.60.045 Hearing procedures.
(1) At the commencement of the hearing, a statement shall be made to those in attendance that:
(a) Lists the applicable criteria for the application;
(b) States that testimony, arguments and evidence must be directed toward the applicable criteria or other criteria that the person believes apply to the application; and
(c) States that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal based on that issue.
(2) Prior to the conclusion of the hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application. The hearings body shall grant such request by continuing the public hearing to a time and date certain at least seven days from the date of the current hearing. An opportunity shall be provided at the continued hearing for parties to present and rebut new evidence, arguments or testimony. If new written evidence is submitted at the continued hearing, any party may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days in order to submit arguments in response to the new written evidence. The record shall be closed at the end of said seven days. The hearings body may reopen the hearing, by motion, for additional evidence, arguments or testimony at their discretion.
(3) A continuance of a hearing shall be subject to the 120-day limitations of ORS 227.178 and 227.179 unless the continuance is requested or agreed to by the applicant.
(4) Unless waived by the applicant, the hearings body shall allow the applicant at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant’s final arguments shall be considered part of the record, but shall not include any new evidence. This final seven-day period shall not be subject to the 120-day limitation.
(5) The failure of the property owner or any other party to receive notice as provided in this chapter shall not invalidate the proceedings if the city can demonstrate by affidavit that such notice was given.
(6) For the purposes of this chapter:
(a) “Argument” means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent to a decision. “Argument” does not include facts.
(b) “Evidence” means facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision.
(7) The quasi-judicial hearing body shall be an impartial hearing body as free from potential conflicts of interest and prehearing ex parte contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180 and as it may be amended. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, that member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall be excused from the proceedings. (Ord. 2051 § 2, 2021; Ord. 1952 § 1(4), 2006)