Or. Rev. Stat. § 197A.810

      197A.810 Office enforcement orders; order request notice; rules. (1) The Housing Accountability and Production Office may request an enforcement order under ORS 197A.805 (4)(a) requiring that a local government take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with a housing law, except for a housing law that pertains to the state building code or the administration of the code.

      (2) Except as otherwise provided in this section, a request for an enforcement order by the office is subject to the applicable provisions of ORS 197.335 and ORS chapter 183 and is not subject to ORS 197.319, 197.324 or 197.328.

      (3) The office shall make a request for an enforcement order under this section by delivering a notice to the local government that states the grounds for initiation and summarizes the procedures for the enforcement order proceeding along with a copy of the notice to the Land Conservation and Development Commission. A decision of the office to initiate an enforcement order is not subject to appeal.

      (4) After receiving notice of an enforcement order request under subsection (3) of this section, the local government shall deliver a notice to an affected applicant, if any, in substantially the following form:

______________________________________________________________________________

NOTICE: The Housing Accountability and Production Office has found good cause for an enforcement proceeding against _______________ (name of local government). An enforcement order may be adopted that could limit, prohibit or require the application of specified criteria to any action authorized by this decision but not applied for until after the adoption of the enforcement order. Future applications for building permits or time extensions may be affected.

______________________________________________________________________________

      (5) Within 14 days after receipt by the commission of the notice under subsection (3) of this section, the Director of the Department of Land Conservation and Development shall assign the enforcement order proceedings to a hearings officer who is:

      (a) An administrative law judge assigned under ORS 183.635; or

      (b) A hearings officer randomly selected from a pool of officers appointed by the commission to review proceedings initiated under this section.

      (6) The hearings officer shall schedule a contested case hearing within 60 days of the delivery of the notice to the commission under subsection (3) of this section.

      (7)(a) The hearings officer shall prepare a proposed enforcement order or order of dismissal, including recommended findings and conclusions of law.

      (b) A proposed enforcement order may require the local government to take any necessary action to comply with housing laws that is suitable to address the basis for the proposed enforcement order, including requiring the adoption or application of suitable models that have been developed by the office under ORS 197A.800 (3)(b).

      (c) The hearings officer must issue and serve the proposed enforcement order on the office and all parties to the hearing within 30 days of the date the record closed.

      (8)(a) The proposed enforcement order becomes a final order of the commission 14 days after service on the office and all parties to the hearing, unless the office or a party to the hearing appeals the proposed enforcement order to the commission prior to the proposed enforcement order becoming final.

      (b) If the proposed enforcement order is appealed, the commission shall consider the matter at:

      (A) Its next regularly scheduled meeting; or

      (B) If the appeal is made 45 or fewer days prior to the next regularly scheduled meeting, at the following regularly scheduled meeting or a special meeting held earlier.

      (9) The commission shall affirm, affirm with modifications or reverse the proposed enforcement order. The commission shall issue a final order no later than 30 days after the meeting at which it considered the matter.

      (10) The commission may adopt rules administering this section, including rules related to standing, preserving issues for commission review or other provisions concerning the commission’s scope and standard for review of proposed enforcement orders under this section. [2024 c.110 §3]

      Note: See first note under 197A.800.