Oregon Statutes 421.630 – Judicial review
(1) Notwithstanding ORS § 183.400, 183.482, 183.484 and 197.825 or any other law, exclusive jurisdiction for review of any decision relating to the establishment of, addition to, remodeling of or siting of a corrections facility including the establishment of criteria under ORS § 421.614, the nomination of sites under ORS § 421.616 or any actions under ORS § 421.623 or 421.626 is conferred upon the Supreme Court.
Terms Used In Oregon Statutes 421.630
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Department: means the Department of Corrections. See Oregon Statutes 421.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) Proceedings for review shall be instituted when any person or local government adversely affected files a petition with the Supreme Court that meets the following requirements:
(a) The petition shall be filed within 21 days of issuance of the specific decision on which the petition is based, except that a petition based on a decision to adopt criteria pursuant to ORS § 421.614 shall be filed within 21 days of the issuance of the criteria. A decision made pursuant to ORS § 421.623 or 421.626 with respect to any site may be reviewed by the Supreme Court as provided in ORS § 421.611 to 421.630.
(b) The petition shall state the nature of the decision the petitioner desires reviewed, in what manner the decision below rejected the position raised by the petitioner below and shall state, by supporting affidavit, the facts showing how the petitioner is adversely affected. In the case of a decision by the Corrections Facilities Siting Authority, the petitioner is adversely affected only when the petitioner can establish by clear and convincing evidence in the affidavit that:
(A) The petitioner participated before the authority;
(B) The petitioner will be within sight or sound of the facility or is affected economically in excess of $5,000 in value; and
(C) The petitioner proposed conditions as required by ORS § 421.623 (2) that were rejected by the authority.
(c) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections, the authority and the Attorney General.
(d) Within 30 days after service of the petition, the department shall transmit to the Supreme Court, or a special master it designates, the original or a certified copy of the entire record and any findings that may have been made. The court shall not substitute its judgment for that of the Governor, the department or the authority as to any issue of fact or issue within executive branch discretion.
(3) If the petition is for review of a decision made by the siting authority, the record shall include only:
(a) The report of the authority.
(b) The conditions, if any, on the nomination.
(c) The transcript of the hearing before the authority. However, on motion of the authority, the Supreme Court may limit the transcript to those matters in which the petitioner is interested as provided in subsection (2)(b) of this section.
(d) Evidence submitted by the petitioner to the authority, but on motion of any party to the judicial review, the Supreme Court may supplement the record with additional materials from the hearing before the authority.
(e) The transcript of the decision-making meeting of the authority.
(f) The authority findings and decision.
(4) Upon review, the Supreme Court may reverse or remand the decision if the Supreme Court concludes that the department, the authority or the Governor:
(a) Exceeded the statutory or constitutional authority of the decision maker;
(b) Made a decision based on findings that are not supported by substantial evidence in the record as described in ORS § 183.482 (8)(c); or
(c) Refused to adopt a proposed condition submitted under ORS § 421.623 (2) and failed to provide the statement required by ORS § 421.623 (3)(b).
(5) Proceedings for review under this section shall be given priority over all other matters before the Supreme Court. [1995 c.745 § 10; 1999 c.853 § 2]
See note under 421.611.