Mr. Ken Helm <br />November 8, 2013 <br />Page Two <br />1 <br /> <br />There is no dispute that ORS 197.763(6) governs the present issue. <br />ORS 197.763(6)(c) states: <br />If the hearings authority leaves the record open for additional written evidence, <br />arguments or testimony, the record shall be left open for at least seven days. Any <br />participant may file a written request with the local government for an opportunity to <br />respond to new evidence submitted during the period the record was left open. If such a <br />request is filed, the hearings authority shall reopen the record pursuant to subsection <br />(7) of this section. <br />ORS 197.763(6)(e) states: <br />Unless waived by the applicant, the local government shall allow the applicant at least <br />seven days after the record is closed to all other parties to submit final written <br />arguments in support of the application. The applicants[sic] final submittal shall be <br />considered part of the record, but shall not include any new evidence. <br />ORS 197.763(6)(c) and (d) clearly establish three periods during which additional material may <br />be submitted to the record following the close of the public hearing. <br />During the first period, the record is “left openfor additional written evidence, <br />2 <br />arguments or testimony.” This initial period must be at least seven days. <br />The second period requires a participant to make a written request “for an opportunity <br />to respond to new evidencesubmitted during the period the record was left open,” <br />upon which “the hearings authority shall reopenthe record” for an unspecified time to <br />allow response(s). <br />During the third period, the applicant has the option to submit written arguments but <br />no evidence. This finalperiod must be at least seven days, unless waived by the <br />applicant. <br />There is no dispute that at the end of the public hearing on October 2, the Hearings Official <br />established three, one-week periods for additional submissions into the record, and that the <br />first week (October 3rdto 9th) and third week (October 17th to 23rd) corresponded to the first <br />and third periods (above) as established in ORS 197.763(6)(c) and (d). <br /> <br />1 <br /> “During the hearing, the Hearings Official received a request to leave the written record open which triggered <br />the requirements of ORS 197.763(6)(c).” November 5, 2013 “Order Denying Reopening Evidentiary Record,” <br />(“Order”) on page 1. <br />2 <br /> Various LUBA decisions dealing with ORS 197.763(6)(c) refer to this as the “open record period.” <br /> <br />