Rule 12.35 - EXPEDITED JUDICIAL REVIEW OF ORDERS OF THE ENERGY FACILITY SITING COUNCIL AND THE PUBLIC UTILITY COMMISSIONOn direct judicial review of an order of the Energy Facility Siting Council under ORS 469.403 or of the Public Utility Commission under ORS 758.017:
(1) The case caption of any brief, motion, or other paper filed with the court shall include the words "EXPEDITED JUDICIAL REVIEW UNDER ORS _______" and identifying the statute authorizing the expedited judicial review proceeding. (2) Within seven days after being served with a copy of the petition for judicial review, the Energy Facility Siting Council or the Public Utility Commission, as appropriate, shall transmit the record to the Administrator. The record shall be accompanied by proof of service of copies of the record, except exhibits, on all other parties of record in the proceeding and on any other person required by law to be served.(3)(a) Petitioner's opening brief and excerpt of record shall be served and filed not later than 14 days after the filing of the petition for judicial review. Failure to file the opening brief within the prescribed time will result in automatic dismissal of the petition. (b) Any respondent's answering brief shall be served and filed within 14 days after the filing of petitioner's opening brief. If any respondent fails to file a brief within the prescribed time, the judicial review will be submitted without that respondent's answering brief and that respondent will not be allowed to argue the case.(c) No party shall file a reply brief.(4) Except as prescribed in ORS 469.403(6), (7), and (8), or ORS 758.017(5), (6), and (7), as appropriate, the court shall not grant a continuance or extension for transmitting the record or filing briefs as specified in this rule, or for the time set for oral argument.(5) A motion made before oral argument will not toll the time for transmitting the record, filing briefs, or hearing oral argument.Amended November 13, 2020, effective 1/1/2021; amended November 13, 2020, effective 1/1/2021.