| Press Release |
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| December 1, 2004 |
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Governor Releases Temporary Rules for Measure 37 Claims
(Salem, Ore.) – Today Governor Ted Kulongoski released the temporary administrative rules that establish procedures for filing and processing State claims under Measure 37. In accordance with the temporary rules, the Governor also released the form for filing claims with the State. Under the rules, Measure 37 claims must be submitted to the State’s Department of Administrative Services. The temporary rules and claim form will be valid when the measure goes into effect on December 2, 2004, and will remain in effect until permanent rules are adopted. The claim form may be updated, if that is deemed necessary.
“The State is committed to implementing Measure 37 in an orderly fashion and the rules and related claim form ensure that the state will receive the information necessary to begin processing claims,” Kulongoski said. “The cooperation and coordination between many partners to develop the temporary rules was a significant element in achieving this important step in the implementation process. We must maintain a strong partnership to effectively implement Measure 37 in a manner that is fair and that balances the rights of landowners with the quality of life standards of our communities.”
The process for filing a claim with the state, as outlined in OAR 125-145-0030 and 125-145-0030, requires that all claims be submitted by an owner or an authorized agent on behalf of an owner to the Department of Administrative Services (DAS) via personal delivery, private courier, or certified or registered mail. Faxed or e-mailed claims will not be processed. The rules do not include a filing fee for claims due to the need for legislative approval of such fees, but they do specify the criteria of a “Complete Claim” and the related processing steps for DAS. If the claim does not meet the “Complete Claim” definition under the rule, DAS must notify the claimant in writing. Once a claim is determined to be “Complete,” it moves to the appropriate agencies for processing.
“I continue to have concerns and questions about the potential impact of this measure on Oregon’s communities, our economy, and quality of life, and I want to reiterate my call to all state and local regulatory entities to refrain from immediate responses and blanket waivers until we can ensure a sound and fair process that meets the needs of all parties,” said Governor Kulongoski. “I will continue to work with the Attorney General, Lane Shetterly, cities, counties, and the public throughout this process, to try to ensure accurate and consistent application of Measure 37 at all levels of government.”
Governor Kulongoski, Attorney General Myers and Lane Shetterly will continue to apprise Oregonians of the state’s progress towards implementation of Measure 37 in the coming weeks.
“The state’s process is clear and efficient for both the regulatory entity and the citizens of Oregon seeking claims under Measure 37,” Governor Kulongoski continued. “As we continue to progress into the next phase of implementation, it is critical to establish a seamless and consistent process across local, county and state jurisdictions for not only filing claims, but also in how we make responsible decisions in response to those claims. We will continue to work with our local partners to carry out this measure in a responsible manner.”
For the administrative rule and claim form, go to: www.das.state.or.us or www.lcd.state.or.us
Media Contact:
Marian Hammond, (503) 378-6169
Anna Richter Taylor, (503) 378-6496
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