County shifts to hearings officer in some land use decisions

Because hearing officers are trained lawyers with experience in land use law, the change will provide some additional protection from land-use related litigation, as well as creating long term efficiencies, explained Planning Director Kelly Howsley-Glover. The hearing officer will bill the county on an hour-by-hour basis, as services are provided, with no retainer fee. Hearings before the hearings officer will be held virtually, so no travel will be required for county residents to access the hearing. Virtual hearings will also reduce the cost of using a hearing examiner.

The county typically hears from five to 10 cases per year, Howsley-Glover said. Planners are also considering using the hearings officer for code compliance hearings, which would typically result in two additional cases a year.

Wasco County would still have liability in regards to decision made, but those decisions would be made with greater accuracy in regards to land use laws and rules, Howsley-Glover said. The County Board of Commissioners would still hold quasi judicial hearings related to land use decisions, as needed.

With quasi-judicial hearings contracted out, the Planning Commission will focus solely on long range planning issues and policy, rather than serving as impartial land use judges.