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Hearings Official Decision (PDT 24-1; ST 24-3) 4 applicant is entitled to amend it on the fly, including with new evidence and reasonable conditions, and that right applies even in the context of a local, on the record appeal. ORS 197.522(2)(3).” (Bill Kloos August 21, 2024 Written Rebuttal, page 2.) Essentially, ORS 197.522 requires local governments to approve needed housing applications that are consistent with, or can be made consistent with, through reasonable conditions of approval, the comprehensive plan and applicable land use regulations, and to deny applications that are not. ORS 197.522(3) allows an applicant to amend its application or to propose reasonable conditions to make its application consistent with the comprehensive plan and applicable land use regulations. What this means is that, if the applicant proposes a condition of approval that would satisfy a given approval criterion that the application does not otherwise meet, the decision maker must impose the proposed condition rather than deny the application.” 6 ORS 197.522 does not, however, authorize the applicant to achieve this end outside the public hearing process or without giving the public an opportunity to participate. The applicant cannot simply amend its application “on the fly” – or introduce new evidence into the record after the record has closed for new evidence – and demand that ORS 197.522 entitles it to an approval. ORS 197.797 establishes a structure for submitting evidence to effectively allow the public to participate in the process. ORS 197.522 does not allow the applicant to bypass the statutorily required public hearing process by allowing the applicant to submit new evidence “on the fly” through an amended application, after the record has closed to new evidence, through a process 6 ORS 197.522 provides, in relevant part: ***** (2) A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land for needed housing that is consistent with the comprehensive plan and applicable land use regulations. (3) If an application is inconsistent with the comprehensive plan and applicable land use regulations, the local government, prior to making a final decision on the application, shall allow the applicant to offer an amendment or to propose conditions of approval that would make the application consistent with the plan and applicable regulations. If an applicant seeks to amend the application or propose conditions of approval: * * * * * (b) A City may extend the time limitation under ORS 227.178 (Final action on certain applications required within120 days) for final action by the governing body of a City on an application for needed housing and may set forth a new time limitation for final action on the consideration of future amendments or proposals. (4) A local government shall deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through amendments to the application or the imposition of reasonable conditions of approval.