OAR 350-016-0020. Definitions for Division 16 of the Gorge Commission's Rules

(1) “Gorge Commission” means the Columbia River Gorge Commission or any officer or delegated person authorized by the Gorge Commission as the context may suggest. (2) “Contested case” means: (a) A proceeding before the Gorge Commission: (A) In which the individual legal rights, duties, or privileges of specific parties are required by statute or Constitution to be determined only after a hearing at which such specific parties are entitled to appear and to be heard; (B) Where the Gorge Commission has discretion to suspend or revoke a right or privilege of a person; or (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing. (b) “Contested case” does not include proceedings in which a Gorge Commission decision rests solely on the result of a test. (3) “Individual with a disability” means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment. (4) “License” includes the whole or part of any Gorge Commission permit, certificate, approval, registration, or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession. (5) “Non-English speaking” person means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate effectively in the proceedings. (6) “Order” and “Final Order” (a) “Order” means any Gorge Commission action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of the Gorge Commission. “Order” includes any Gorge Commission determination or decisions issued in connection with a contested case proceeding. (b) “Final order” means final Gorge Commission action expressed in writing. “Final order” does not include any tentative or preliminary Gorge Commission declaration or statement that: (A) Precedes final Gorge Commission action; or (B) Does not preclude further Gorge Commission consideration of the subject matter of the statement or declaration. (7) “Party” means: (a) Each person or agency entitled as of right to a hearing before the Gorge Commission; (b) Each person or agency named by the Gorge Commission to be a party; or (c) Any person requesting to participate before the Gorge Commission as a party, which the Gorge Commission determines either has an interest in the outcome of the Gorge Commission’s proceeding or represents a public interest in such result. (8) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the Gorge Commission. (9) “Rule” means any Gorge Commission directive, standard, regulation, or statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the Gorge Commission. The term includes the amendment or repeal of a prior rule, but does not include: (a) Unless a hearing is required by statute, internal management directives, regulations, or statements which do not substantially affect the interests of the public: (A) Between agencies, or their officers or their employees; or (B) Within the Gorge Commission, between its officers or between employees; (b) Action by the Gorge Commission directed to other agencies or other units of government which do not substantially affect the interests of the public; (c) Declaratory rulings; and (d) Intra-agency memoranda.