184 Oakleigh-McClure Neighbors v. City of Eugene <br />Under those principles, the context of ORS 197.830 (7) <br />includes ORS 197.820, which provides, as relevant: <br />"(1) The Land Use Board of Appeals shall conduct <br />review proceedings upon petitions filed in the manner pre- <br />scribed in ORS 197.830. <br />"(4) The board shall adopt rules governing: <br />"(a) The conduct of review proceedings brought before <br />it under ORS 197.830 to 197.845." <br />ORS 197.820 thus requires LUBA (1) to conduct review <br />proceedings on requests for review of land use decisions <br />under ORS 197.830 and (2) to adopt rules governing the <br />conduct of those proceedings. As mandated by subsection <br />(4)(a), LUBA, in turn, adopted OAR 661-010-0015, which <br />prescribes, among other things, requirements for the filing, <br />service, and contents of the notice of intent to appeal under <br />ORS 197.830. As to service, it provides, in part: <br />"The Notice shall be served on * * * all persons identified in <br />the Notice as required by subsection (3)(f) of this rule on or <br />before the date the notice of intent to appeal is required to <br />be filed." <br />OAR 661-010-0015(2). Among the persons required to be <br />identified in the notice is "[a]ny other person to whom writ- <br />ten notice of the land use decision or limited land use deci- <br />sion was mailed as shown on the governing body's records." <br />OAR 661-010-0015(3)(f)(D). The notice shall also contain <br />"[p] roof of service upon all persons required to be named in <br />the Notice." OAR 661-010-0015(3)(i). <br />Given that statutory context, the following becomes <br />clear. As applicant correctly observes, under ORS 197.830(7)(a), <br />it is the filing of the notice of intent to appeal that triggers <br />the 21-day deadline to intervene. However, under OAR 661- <br />010-0015, a notice of intent to appeal is only effectively filed <br />as to a person required to be identified in the notice when <br />that person has been served with the notice. The persons <br />required to be identified in the notice of intent to appeal are <br />those who were mailed notice of the local government's deci- <br />sion, OAR 661-010-0015(3)(f)(D), which includes those who <br />appeared before the local government. See EC 9.7685(1)(d) <br />