77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 838

                         House Bill 2589

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Judiciary)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Eliminates requirement that concealed handgun licensee be
resident of county in which license is issued.
  Modifies fees related to issuance of concealed handgun license.

                        A BILL FOR AN ACT
Relating to concealed handgun licenses; amending ORS 166.291 and
  166.293.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.291 is amended to read:
  166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
  (a)(A) Is a citizen of the United States; or
  (B) Is a legal resident alien who can document continuous
residency in the   { - county - }   { + United States + } for at
least six months and has declared in writing to the United States
Citizenship and Immigration Services the intent to acquire
citizenship status and can present proof of the written
declaration to the sheriff at the time of application for the
license;
  (b) Is at least 21 years of age;
    { - (c) Is a resident of the county; - }
    { - (d) - }   { + (c) + } Has no outstanding warrants for
arrest;
    { - (e) - }   { + (d) + } Is not free on any form of pretrial
release;
    { - (f) - }   { + (e) + } Demonstrates competence with a
handgun by any one of the following:
  (A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
  (B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
  (C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
  (D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
  (E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
  (F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
  (G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
    { - (g) - }   { + (f) + } Has never been convicted of a
felony or found guilty, except for insanity under ORS 161.295, of
a felony;
    { - (h) - }   { + (g) + } Has not been convicted of a
misdemeanor or found guilty, except for insanity under ORS
161.295, of a misdemeanor within the four years prior to the
application;
    { - (i) - }   { + (h) + } Has not been committed to the
Oregon Health Authority under ORS 426.130;
    { - (j) - }   { + (i) + } Has not been found to be mentally
ill and is not subject to an order under ORS 426.130 that the
person be prohibited from purchasing or possessing a firearm as a
result of that mental illness;
    { - (k) - }   { + (j) + } Has been discharged from the
jurisdiction of the juvenile court for more than four years if,
while a minor, the person was found to be within the jurisdiction
of the juvenile court for having committed an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470;
    { - (L) - }   { + (k) + } Has not been convicted of an
offense involving controlled substances or participated in a
court-supervised drug diversion program, except this disability
does not operate to exclude a person if:
  (A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
    { - (m) - }   { + (L) + } Is not subject to a citation issued
under ORS 163.735 or an order issued under ORS 30.866, 107.700 to
107.735 or 163.738;
    { - (n) - }   { + (m) + } Has not received a dishonorable
discharge from the Armed Forces of the United States; and
    { - (o) - }   { + (n) + } Is not required to register as a
sex offender in any state.
  (2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C.
925(c) or has had the person's record expunged under the laws of
this state or equivalent laws of other jurisdictions is not
subject to the disabilities in subsection   { - (1)(g) to (L) - }
 { + (1)(f) to (k) + } of this section.
  (3) Before the sheriff may issue a license:
  (a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
  (b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________

                APPLICATION FOR LICENSE TO CARRY
                        CONCEALED HANDGUN
                                                        Date_____
  I hereby declare as follows:
  I am a citizen of the United States or a legal resident alien
who can document continuous residency in the   { - county - }
 { + United States + } for at least six months and have declared
in writing to the United States Citizenship and Immigration
Services my intention to become a citizen and can present proof
of the written declaration to the sheriff at the time of this
application. I am at least 21 years of age. I have been
discharged from the jurisdiction of the juvenile court for more
than four years if, while a minor, I was found to be within the
jurisdiction of the juvenile court for having committed an act
that, if committed by an adult, would constitute a felony or a
misdemeanor involving violence, as defined in ORS 166.470. I have
never been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony in the State of Oregon or
elsewhere. I have not, within the last four years, been convicted
of a misdemeanor or found guilty, except for insanity under ORS
161.295, of a misdemeanor. Except as provided in ORS 166.291
 { - (1)(L) - }  { +  (1)(k) + }, I have not been convicted of an
offense involving controlled substances or completed a
court-supervised drug diversion program. There are no outstanding
warrants for my arrest and I am not free on any form of pretrial
release. I have not been committed to the Oregon Health Authority
under ORS 426.130, nor have I been found mentally ill and
presently subject to an order prohibiting me from purchasing or
possessing a firearm because of mental illness. If any of the
previous conditions do apply to me, I have been granted relief or
wish to petition for relief from the disability under ORS 166.274
or 166.293 or section 5, chapter 826, Oregon Laws 2009, or 18
U.S.C. 925(c) or have had the records expunged. I am not subject
to a citation issued under ORS 163.735 or an order issued under
ORS 30.866, 107.700 to 107.735 or 163.738. I have never received
a dishonorable discharge from the Armed Forces of the United
States.  I am not required to register as a sex offender in any
state. I understand I will be fingerprinted and photographed.

Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
                                                       __________
                                         (Signature of Applicant)

Character references.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (5)  { - (a) - }  Fees for concealed handgun licenses are:
    { - (A) - }  { +  (a) + }   { - $15 - }   { + $___ + } to the
Department of State Police for conducting the fingerprint check
of the applicant.
    { - (B) - }  { +  (b) + }   { - $50 - }   { + $___ + } to the
sheriff for the issuance or renewal of a concealed handgun
license.
    { - (C) - }  { +  (c) + }   { - $15 - }   { + $___ + } to the
sheriff for the duplication of a license because of loss or
change of address.
    { - (b) - }  { +  (6) + } The sheriff may enter into an
agreement with the Department of Transportation to produce the
concealed handgun license.
    { - (6) - }  { +  (7) + } No civil or criminal liability
shall attach to the sheriff or any authorized representative
engaged in the receipt and review of, or an investigation
connected with, any application for, or in the issuance, denial
or revocation of, any license under ORS 166.291 to 166.295 as a
result of the lawful performance of duties under those sections.
    { - (7) - }  { +  (8) + } Immediately upon acceptance of an
application for a concealed handgun license, the sheriff shall
enter the applicant's name into the Law Enforcement Data System
indicating that the person is an applicant for a concealed
handgun license or is a license holder.
    { - (8) The county sheriff may waive the residency
requirement in subsection (1)(c) of this section for a resident
of a contiguous state who has a compelling business interest or
other legitimate demonstrated need. - }
    { - (9) For purposes of subsection (1)(c) of this section, a
person is a resident of a county if the person: - }
    { - (a) Has a current Oregon driver license issued to the
person showing a residence address in the county; - }
    { - (b) Is registered to vote in the county and has a
memorandum card issued to the person under ORS 247.181 showing a
residence address in the county; - }
    { - (c) Has documentation showing that the person currently
leases or owns real property in the county; or - }
    { - (d) Has documentation showing that the person filed an
Oregon tax return for the most recent tax year showing a
residence address in the county. - }
  SECTION 2. ORS 166.291, as amended by section 10, chapter 826,
Oregon Laws 2009, and section 34, chapter 547, Oregon Laws 2011,
is amended to read:
  166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
  (a)(A) Is a citizen of the United States; or
  (B) Is a legal resident alien who can document continuous
residency in the   { - county - }   { + United States + } for at
least six months and has declared in writing to the United States
Citizenship and Immigration Services the intent to acquire
citizenship status and can present proof of the written
declaration to the sheriff at the time of application for the
license;
  (b) Is at least 21 years of age;
    { - (c) Is a resident of the county; - }
    { - (d) - }   { + (c) + } Has no outstanding warrants for
arrest;
    { - (e) - }   { + (d) + } Is not free on any form of pretrial
release;
    { - (f) - }   { + (e) + } Demonstrates competence with a
handgun by any one of the following:
  (A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
  (B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
  (C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
  (D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
  (E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
  (F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
  (G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
    { - (g) - }   { + (f) + } Has never been convicted of a
felony or found guilty, except for insanity under ORS 161.295, of
a felony;
    { - (h) - }   { + (g) + } Has not been convicted of a
misdemeanor or found guilty, except for insanity under ORS
161.295, of a misdemeanor within the four years prior to the
application;
    { - (i) - }   { + (h) + } Has not been committed to the
Oregon Health Authority under ORS 426.130;
    { - (j) - }   { + (i) + } Has not been found to be mentally
ill and is not subject to an order under ORS 426.130 that the
person be prohibited from purchasing or possessing a firearm as a
result of that mental illness;
    { - (k) - }   { + (j) + } Has been discharged from the
jurisdiction of the juvenile court for more than four years if,
while a minor, the person was found to be within the jurisdiction
of the juvenile court for having committed an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470;
    { - (L) - }   { + (k) + } Has not been convicted of an
offense involving controlled substances or participated in a
court-supervised drug diversion program, except this disability
does not operate to exclude a person if:
  (A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
    { - (m) - }   { + (L) + } Is not subject to a citation issued
under ORS 163.735 or an order issued under ORS 30.866, 107.700 to
107.735 or 163.738;
    { - (n) - }   { + (m) + } Has not received a dishonorable
discharge from the Armed Forces of the United States; and
    { - (o) - }   { + (n) + } Is not required to register as a
sex offender in any state.
  (2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
  { - (1)(g) to (L) - }   { + (1)(f) to (k) + } of this section.
  (3) Before the sheriff may issue a license:
  (a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
  (b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________

                APPLICATION FOR LICENSE TO CARRY
                        CONCEALED HANDGUN
                                                        Date_____
  I hereby declare as follows:
  I am a citizen of the United States or a legal resident alien
who can document continuous residency in the   { - county - }
 { + United States + } for at least six months and have declared
in writing to the United States Citizenship and Immigration
Services my intention to become a citizen and can present proof
of the written declaration to the sheriff at the time of this
application. I am at least 21 years of age. I have been
discharged from the jurisdiction of the juvenile court for more
than four years if, while a minor, I was found to be within the
jurisdiction of the juvenile court for having committed an act
that, if committed by an adult, would constitute a felony or a
misdemeanor involving violence, as defined in ORS 166.470. I have
never been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony in the State of Oregon or
elsewhere. I have not, within the last four years, been convicted
of a misdemeanor or found guilty, except for insanity under ORS
161.295, of a misdemeanor. Except as provided in ORS 166.291
 { - (1)(L) - }  { +  (1)(k) + }, I have not been convicted of an
offense involving controlled substances or completed a
court-supervised drug diversion program. There are no outstanding
warrants for my arrest and I am not free on any form of pretrial
release. I have not been committed to the Oregon Health Authority
under ORS 426.130, nor have I been found mentally ill and
presently subject to an order prohibiting me from purchasing or
possessing a firearm because of mental illness. If any of the
previous conditions do apply to me, I have been granted relief or
wish to petition for relief from the disability under ORS 166.274
or 166.293 or 18 U.S.C. 925(c) or have had the records expunged.
I am not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738. I
have never received a dishonorable discharge from the Armed
Forces of the United States. I am not required to register as a
sex offender in any state. I understand I will be fingerprinted
and photographed.

Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
                                                       __________
                                         (Signature of Applicant)

Character references.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (5)  { - (a) - }  Fees for concealed handgun licenses are:
    { - (A) - }  { +  (a) + }   { - $15 - }   { + $___ + } to the
Department of State Police for conducting the fingerprint check
of the applicant.
    { - (B) - }  { +  (b) + }   { - $50 - }   { + $___ + } to the
sheriff for the issuance or renewal of a concealed handgun
license.
    { - (C) - }  { +  (c) + }   { - $15 - }   { + $___ + } to the
sheriff for the duplication of a license because of loss or
change of address.
    { - (b) - }  { +  (6) + } The sheriff may enter into an
agreement with the Department of Transportation to produce the
concealed handgun license.
    { - (6) - }  { +  (7) + } No civil or criminal liability
shall attach to the sheriff or any authorized representative
engaged in the receipt and review of, or an investigation
connected with, any application for, or in the issuance, denial
or revocation of, any license under ORS 166.291 to 166.295 as a
result of the lawful performance of duties under those sections.
    { - (7) - }  { +  (8) + } Immediately upon acceptance of an
application for a concealed handgun license, the sheriff shall
enter the applicant's name into the Law Enforcement Data System
indicating that the person is an applicant for a concealed
handgun license or is a license holder.
    { - (8) The county sheriff may waive the residency
requirement in subsection (1)(c) of this section for a resident
of a contiguous state who has a compelling business interest or
other legitimate demonstrated need. - }
    { - (9) For purposes of subsection (1)(c) of this section, a
person is a resident of a county if the person: - }
    { - (a) Has a current Oregon driver license issued to the
person showing a residence address in the county; - }
    { - (b) Is registered to vote in the county and has a
memorandum card issued to the person under ORS 247.181 showing a
residence address in the county; - }
    { - (c) Has documentation showing that the person currently
leases or owns real property in the county; or - }
    { - (d) Has documentation showing that the person filed an
Oregon tax return for the most recent tax year showing a
residence address in the county. - }
  SECTION 3. ORS 166.293 is amended to read:
  166.293. (1) If the application for the concealed handgun
license is denied, the sheriff shall set forth in writing the
reasons for the denial. The denial shall be sent to the applicant
by certified mail, restricted delivery, within 45 days after the
application was made. If no decision is issued within 45 days,
the person may seek review under the procedures in subsection (5)
of this section.
  (2) Notwithstanding ORS 166.291 (1), and subject to review as
provided in subsection (5) of this section, a sheriff may deny a
concealed handgun license if the sheriff has reasonable grounds
to believe that the applicant has been or is reasonably likely to
be a danger to self or others, or to the community at large, as a
result of the applicant's mental or psychological state or as
demonstrated by the applicant's past pattern of behavior
involving unlawful violence or threats of unlawful violence.
  (3)(a) Any act or condition that would prevent the issuance of
a concealed handgun license is cause for revoking a concealed
handgun license.
  (b) A sheriff may revoke a concealed handgun license by serving
upon the licensee a notice of revocation. The notice must contain
the grounds for the revocation and must be served either
personally or by certified mail, restricted delivery. The notice
and return of service shall be included in the file of the
licensee. The revocation is effective upon the licensee's receipt
of the notice.
  (4) Any peace officer or corrections officer may seize a
concealed handgun license and return it to the issuing sheriff if
the license is held by a person who has been arrested or cited
for a crime that can or would otherwise disqualify the person
from being issued a concealed handgun license. The issuing
sheriff shall hold the license for 30 days. If the person is not
charged with a crime within the 30 days, the sheriff shall return
the license unless the sheriff revokes the license as provided in
subsection (3) of this section.
  (5) A person denied a concealed handgun license or whose
license is revoked or not renewed under ORS 166.291 to 166.295
may petition the circuit court   { - in the petitioner's county
of residence - }  to review the denial, nonrenewal or revocation.
The petition must be filed { +  in the county in which the
application is denied or in which the license is not renewed or
revoked, no later than + }   { - within - }  30 days after the
receipt of the notice of denial { + , nonrenewal + } or
revocation.
  (6) The judgment affirming or overturning the sheriff's
decision shall be based on whether the petitioner meets the
criteria that are used for issuance of a concealed handgun
license and, if the petitioner was denied a concealed handgun
license, whether the sheriff has reasonable grounds for denial
under subsection (2) of this section. Whenever the petitioner has
been previously sentenced for a crime under ORS 161.610 or for a
crime of violence for which the person could have received a
sentence of more than 10 years, the court shall grant relief only
if the court finds that relief should be granted in the interest
of justice.
  (7) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
  (8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as
practicable thereafter.
  (9) Filing fees for actions shall be as for any civil action
filed in the court. If the petitioner prevails, the amount of the
filing fee shall be paid by the respondent to the petitioner and
may be incorporated into the court order.
  (10) Initial appeals of petitions shall be heard de novo.
  (11) Any party to a judgment under this section may appeal to
the Court of Appeals in the same manner as for any other civil
action.
  (12) If the governmental entity files an appeal under this
section and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
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