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Overview

Elements of the Quasi-Judicial Process:

• Hearing and Notice

• Presentation and Rebuttal of Evidence (burden on proponent)

• Impartial Tribunal

• Findings Based on the Record

ORS 215.416(6) and 227.173(2) outline requirements for findings:

• Criteria and standards relevant to the decision

• Facts relied on in the decision

• An explanation tying the facts to the criteria and justifying the land use decision

Findings should:

Findings should:

1. Provide a framework for making principled decisions, enhancing the integrity of the administrative process;

2. Help make analysis orderly and reduce the likelihood that the agency will randomly leap from evidence to conclusions;

3. Enable the parties to determine whether and on what basis they should seek judicial review and remedy;

4. Apprise a reviewing court of the basis for the agency's action; and,

5. Serve a public relations function by helping to persuade the parties that administrative decision making is careful, reasoned, and equitable.

Staff Reports

Staff reports are usually structured as a findings document and include the following sections:

Basic facts

•   General background

•   Nature of site

•   Nature of surrounding area

•   Nature of request

Ultimate facts:

Developed when basic facts are tied to a particular criteria or standards of law. The Ultimate finding is a mixture of law and fact.

Findings documents must include both basic and ultimate facts

Guidelines:

1. A final decision making body may use a subordinate body's findings, but it is not obligated to do so.

First corollary: Local procedures governing appeals may affect the proper adoption of findings.

Second corollary: When a decisionmaker declines to follow a staff recommendation that includes proposed findings, the decisionmaker may have to make additional findings.

2. Findings must be substantive, not just recitations of the law.

3. Findings need not be formal, but may be included in the agency's order or resolution.

4. Administrative findings will not rescue a decision when an agency has not followed the procedure required by law.

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This page maintained by Bob Parker
March 15, 2002