(1) Filing:
- (a) Filing a document with the Board is accomplished by mail or commercial delivery.
- (b) Documents shall be filed with the Board by delivery to the address listed in subsection (6) of this rule and shall contain a statement certified by the person who made the filing of the date and manner of document delivery. See Exhibit 5.
(c) The date of filing is:
- (A) The date that the document is time and date stamped by the Board; or
(B) The date of filing may relate back to the date of mailing, deposit, or dispatch for delivery, if the document is:
- (i) Mailed by any class of mail with the United States Postal Service and the party filing has proof from the United States Postal Service of the mailing date. Proof of the mailing date includes a postmark affixed by the United States Postal Service, or a receipt from the United States Postal Service that shows the date of deposit and includes a parcel tracking number, or a record from the United States Postal Service’s online tracking service showing the parcel tracking number and the date of deposit or dispatch for delivery; or
- (ii) Deposited with or dispatched for delivery by a commercial delivery service and the party filing has proof from the commercial delivery service of the deposit or dispatch date. Proof of deposit or dispatch includes a receipt from the commercial delivery service that shows the date of deposit and includes a parcel tracking number, or a record from the commercial delivery service’s online tracking service showing the parcel tracking number and the date of deposit or dispatch for delivery.
- (d) Documents may not be filed:
- (A) In person;
- (B) By private party hand delivery;
- (C) By facsimile;
- (D) By electronic mail; or
- (E) By any other manner not specified in these rules.
(e) Documents filed with the Board may include signatures that are:
- (A) An original ink signature;
- (B) A facsimile signature; or
- (C) An electronic signature that includes the typed name of the filer and an indication that the typed name is intended to substitute for the filer’s signature. If the filer is an attorney, the attorney’s bar number and an indication of the party whom the attorney represents must appear as part of or in addition to the signature block. Where an electronic signature is relied upon, the filing shall be accompanied by a certificate of compliance attesting to the authenticity of the signature. See Exhibit 11. If multiple parties are joining in the filing, each party must attest to compliance and the filing shall be accompanied by written confirmation of support for the filing. The “/s/” form of signature is not an electronic signature for purposes of this rule.
(2) Service:
- (a) Any document filed with the Board must also be served on all parties contemporaneously. Service on two or more petitioners unrepresented by an attorney is accomplished by serving the lead petitioner designated under OAR 661-010-0015(3)(f)(A). Service on two or more intervenors unrepresented by an attorney is accomplished by serving the lead intervenor designated under OAR 661-010-0050(2).
- (b) Service may be in person, by any class of mail, or by commercial delivery service. Mail service is complete on deposit in the mail. Commercial delivery service is complete on deposit with or dispatch for delivery by the commercial delivery service. Parties may stipulate to electronic service of documents.
- (c) Service copies of documents shall include a certificate showing the date and manner of filing with the Board. See Exhibit 5.
- (d) Documents filed with the Board shall contain either an acknowledgement of service by the person served or proof of service by a statement certified by the person who made service of the date and manner of service, and the names and addresses of the persons served. See Exhibit 6.
- (3) Recycled Paper. Parties filing anything with the Board, including but not limited to notices of intent to appeal, records, motions, and briefs, are encouraged to use recycled paper if recycled paper is readily available at a reasonable price in the party’s community. Further, parties are encouraged to use paper containing the highest available content of post-consumer waste, as defined in ORS 279.545, that is recyclable in the office paper recycling program in the party’s community.
- (4) Number of Copies Required: No copies of filings are required unless these rules or an order by the Board provide otherwise. See OAR 661-010-0015(1)(a).
- (5) Computation of Time: Time deadlines in these rules shall be computed by excluding the first day and including the last day. If the last day is Saturday, Sunday or other state or federal legal holiday, the act must be performed on the next working day.
- (6) Address and Hours of the Board: The Board’s address is 201 High Street SE, Suite 600, Salem, Oregon, 97301-3398. The telephone number is (503) 373-1265. The Board’s office operates from 8:30 a.m. to 12:00 p.m., and 1:00 p.m. to 5:00 p.m. Monday through Friday.
(7) All briefs and motions filed with the Board shall comply with the rules in OAR 661-010-0030(2) with respect to type size, spacing, paper size and printing, numbering and margins.
[ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]
Statutory/Other Authority
ORS 197.820(4)(a) & ORS 197.820(4)(b)
Statutes/Other Implemented
ORS 197.830(9), ORS 197.830(13)(a) & ORS 197.830(15)
History
LUBA 2-2025, adopt filed 12/10/2025, effective 01/01/2026