Or. Admin. Code § 589-005-0400

Current through Register Vol. 64, No. 1, January 1, 2025

Section 589-005-0400 - Remonstrance Petitions

(1) A petition submitted in remonstrance to the annexation of territory to a community college district pursuant to ORS 341.569 shall be submitted no later than 20 days from the date the Commission issues an order describing the revised boundaries of the district. The order is issued on the date the Commission votes to approve the relevant docket item.

(2) Remonstrance petitions shall meet the following requirements:

(a) A maximum of three persons as chief petitioners shall provide their names and mailing addresses on the face of the petition;

(b) Each petition shall be verified on the face of each sheet by the declaration of the person who circulated the sheet, stating that every person who signed the sheet did so in his or her presence and that he or she believes that each signer stated his or her correct residence address and is a registered elector.

(3) The Commission may, at its discretion, reject the petitions if any of the conditions in subsections (2)(a) and (b) of this rule are not met.

(4) The Commission may, at its discretion, request the county clerk to verify all or a sampling of the names appearing on the petition. The Commission shall pay to the county clerk any appropriate charges for such verification. The Commission may at its discretion reject the petitions if a sufficient sampling of the names is not verifiable by the county clerk because the names on the petitions cannot be read or if a sampling indicates that sufficient signers are not registered electors.

(5) Petitions in remonstrance to a community college boundary changes shall be substantially in the form provided by the Commission.

(6) The minimum number of signatures required on a petition in remonstrance to a change in the boundary of a community college district shall be at least five percent of the qualified electors of the area seeking to be changed, or at least 500 signatures of qualified electors of the area seeking to be changed, whichever is less.

(7) Where all or part of two or more counties is in the area to be changed, the number of signatures from each of such counties shall be proportionate to the relative populations of the counties or parts thereof within the area proposed to be changed.

(8) Petitions must be received by the Commission by mail or hand delivery no later than the deadline specified in section (1) of this rule. The delivery of a petition by PDF attachment to email to an address specified by the Commission on or prior to such deadline, or by mail bearing a postmark date no later than such deadline, shall also be evidence of timely submission. If a petition is submitted by PDF attachment, the Commission shall not hold any hearing or take any action until the physical copies are then received.

Or. Admin. Code § 589-005-0400

EB 31-1995, f. & cert. ef. 12-21-95; EB 9-1996, f. & cert. ef. 5-24-96; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0310; DCCWD 1-2003, f. & cert. ef. 1-9-03; DCCWD 5-2003, f. & cert. ef. 10-20-03; DCCWD 5-2015, f. & cert. ef. 10/30/2015; CCWD 1-2022, amend filed 01/03/2022, effective 1/3/2022

Exhibits referenced are available from the agency.

Statutory/Other Authority: ORS 341.565 & ORS 341.569

Statutes/Other Implemented: ORS 341.569