justicedao/ipfs_state_laws huggingface dataset:
165-001-0035 Conducting Contested Case Hearings (1) The contested case hearing shall be conducted by and under the control of the administrative law judge of the Office of Administrative Hearings that is assigned to the case. (2) If the administrative law judge or any decision maker has an actual or potential conflict of interest as defined in ORS 244.020(1) or (7), that officer shall comply with the requirements of ORS Chapter 244 (e.g. ORS 244.120 and 244.130). (3) The hearing shall be conducted, subject to the discretion of the administrative law judge, so as to include the following: (a) The statement and evidence of the agency in support of its action; (b) The statement and evidence of the person against whom the penalty may be assessed; (c) Any rebuttal evidence; (d) Any closing arguments. (4) The administrative law judge, the agency, and the person against whom the penalty may be assessed shall have the right to question witnesses. (5) The hearing may be continued with recesses as determined by the administrative law judge. (6) The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter. (7) Exhibits shall be marked and maintained by the administrative law judge as part of the record of the proceedings. (8) If the administrative law judge receives any written or oral ex parte communication on a fact in issue during the contested case proceeding, that person shall notify all parties and otherwise comply with the requirements of OAR 165-001-0045. Statutory/Other Authority: ORS 246.150, 260.232 & 260.995 Statutes/Other Implemented: ORS 260.232 & 260.995 History: ELECT 19-2009, f. & cert. ef. 12-31-09 ELECT 7-2003, f. & cert. ef. 9-3-03 ELECT 26-1988, f. & cert. ef. 8-1-88 ELECT 15-1988(Temp), f. & cert. ef. 1-27-88
165-001-0036 Employee Representation at Contested Case Hearings (1) The Agency’s goal in contested case hearings is to have a full and accurate record upon which the Agency can make the best decision. To help ensure a full record, the Agency allows employees to represent the Agency in certain contested case hearings. The employee representative's role is to represent the Agency in a way that supports objective fact finding and encourages an open, fair, and efficient process. (2) An Agency employee may represent the Agency in contested case hearings involving violations of ORS 260.035, 260.039, 260.041, 260.042, 260.044, 260.054, 260.055, 260.057, 260.076, 260.078, 260.083, 260.112, 260.118, 260.275, 260.281 and 260.285. (3) The representative's responsibilities include, but are not limited to: (a) Presenting evidence; (b) Asking questions of all witnesses; (c) Presenting information about the facts, and advocating for staff's position surrounding the facts; (d) Presenting information on how the facts apply to the statutes or rules directly related to the issues in the contested case; (e) Presenting information comparing Agency actions in similar situations; (f) Presenting information about the literal meaning of the statutes or rules that apply to the issues in the contested case; and (g) Presenting information about the admissibility of evidence or the correctness of procedures being followed. (4) The employee representative may not make legal arguments. "Legal arguments" include arguments on: (a) The jurisdiction of the Agency to hear the contested case; (b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Agency; and (c) The application of court precedent to the facts of the particular contested case proceeding. (5) When an employee represents the Agency in a contested case hearing, the presiding officer will advise the employee representative of the way in which objections may be made. This advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objections. If the objections involve legal argument, the presiding officer will provide reasonable opportunity for the employee representative to consult legal counsel and permit legal counsel to file written legal argument within a reasonable time after the conclusion of the hearing. Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: ORS 260.232, ORS 260.995 & ORS 260.285 History: ELECT 18-2023, amend filed 12/13/2023, effective 12/14/2023 ELECT 7-2011, f. & cert. ef. 4-8-11
165-001-0040 Evidentiary Rules (1) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. (2) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. (3) All offered evidence, not objected to, will be received by the administrative law judge subject to the administrative law judge's power to exclude irrelevant, immaterial or unduly repetitious matter. (4) Evidence objected to may be received by the administrative law judge. If the administrative law judge does not rule on its admissibility at the hearing, the administrative law judge shall do so either on the record before a proposed order is issued or in the proposed order. (5) The administrative law judge shall accept an offer of proof made for excluded evidence. The offer of proof shall contain sufficient detail to allow the agency or court to determine whether the evidence was properly excluded. The administrative law judge shall have discretion to decide whether the offer of proof is to be oral or written and at what stage in the proceeding it will be made. The administrative law judge may place reasonable limits on the offer of proof, including the time to be devoted to an oral offer or the number of pages in a written offer. (6) Pursuant to OAR 165-001-0016, evidence may not be taken at the contested case hearing on any factual or legal issue not raised in the charging document or the answer. Statutory/Other Authority: ORS 246.150, 260.232 & 260.995 Statutes/Other Implemented: ORS 183.450, 183.470, 260.232 & 260.995 History: ELECT 7-2011, f. & cert. ef. 4-8-11 ELECT 19-2009, f. & cert. ef. 12-31-09 ELECT 7-2003, f. & cert. ef. 9-3-03 ELECT 9-1999, f. & cert. ef. 9-29-99 ELECT 26-1988, f. & cert. ef. 8-1-88 ELECT 15-1988(Temp), f. & cert. ef. 1-27-88
165-001-0045 Ex Parte Communications (1) An ex parte communication is: (a) An oral or written communication; (b) By a party, a party’s representative or legal advisor, any other person who has a direct or indirect interest in the outcome of the proceeding, any other person with personal knowledge of the facts relevant to the proceeding, or any offer, employee or agent of the agency; (c) That relates to a legal or factual issue in the contested case proceeding; (d) Made directly or indirectly to the administrative law judge; (e) While the contested case proceeding is pending; (f) That is made without notice and opportunity for the agency and all parties to participate in the communication. (2) If an agency decision maker or administrative law judge receives an ex parte communication during the pendency of the proceeding, the administrative law judge shall place in the record: (a) The name of each individual from whom the administrative law judge received an ex parte communication; (b) A copy of any ex parte written communication received by the administrative law judge; (c) A memorandum reflecting the substance of any ex parte oral communication made to the administrative law judge; (d) A copy of any written response made by the administrative law judge to any ex parte oral or written communication; and (e) A memorandum reflecting the substance of any oral response made by the administrative law judge to any ex parte oral or written communication. (3) The provisions of this rule do not apply to: (a) Communications made to an administrative law judge by other administrative law judges; (b) Communications made to an administrative law judge by any person employed by the Office of Administrative Hearings to assist the administrative law judge. Statutory/Other Authority: ORS 246.150, 260.232 & 260.995 Statutes/Other Implemented: ORS 260.232 & 260.995 History: ELECT 19-2009, f. & cert. ef. 12-31-09 ELECT 7-2003, f. & cert. ef. 9-3-03 ELECT 26-1988, f. & cert. ef. 8-1-88 ELECT 15-1988(Temp), f. & cert. ef. 1-27-88
165-001-0050 Proposed Orders in Contested Cases, Filing of Exceptions, Argument, and Adoption of Order (1) The administrative law judge shall prepare a proposed order and serve the proposed order on the agency and each party. The proposed order shall be served not later than 30 calendar days after the hearing is adjourned or closed under OAR 165-001-0034(5)(d). The proposed order shall also include information about when and where written exceptions to the proposed order must be filed to be considered by the agency. (2) The exceptions must be received by the Elections Division not later than 30 calendar days after the service date of the proposed order. The date of service is the day the proposed order is mailed, not the date the party receives the proposed order. (3) If the administrative law judge’s proposed order recommended a decision favorable to a party and the agency intends to reject that recommendation and issue an order adverse to that party, the agency shall issue an amended proposed order. When the agency serves an amended proposed order on the party, the agency shall, at the same time notify the party when and where written exceptions for the amended order must be filed to be considered by the agency. (4) Written exceptions filed under (2) or (3) may be scanned and attached to an email and sent to orestar-support.sos@oregon.gov, transmitted by fax (503-373-7414), mailed or hand-delivered to 255 Capitol St NE, Ste 501, Salem OR 97310. (5) The agency decision maker, after considering any of the written exceptions may adopt the proposed order, amended proposed order or prepare a new order. Statutory/Other Authority: ORS 183.090, 183.470, 246.150, 260.232 & 260.995 Statutes/Other Implemented: ORS 183.470, 260.232 & 260.995 History: ELECT 14-2018, amend filed 08/08/2018, effective 08/08/2018 ELECT 4-2018, amend filed 01/03/2018, effective 01/03/2018 ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16 ELECT 4-2014, f. & cert. ef. 1-2-14 ELECT 10-2011, f. & cert. ef. 7-12-11 ELECT 19-2009, f. & cert. ef. 12-31-09 ELECT 7-2003, f. & cert. ef. 9-3-03 ELECT 26-1988, f. & cert. ef. 8-1-88 ELECT 15-1988(Temp), f. & cert. ef. 1-27-88
165-001-0055 Final Orders (1) Final orders on contested cases shall be in writing and shall include the following: (a) The case caption. (b) The name of the administrative law judge(s), the appearance of the parties and identity of witnesses. (c) A statement of the issues. (d) References to specific statutes or rules at issue. (e) Rulings on admissibility of offered evidence when the rulings are not set forth in the record. (f) Findings as to each issue of fact and as to each ultimate fact required to support the order, along with a statement of the underlying facts supporting each finding. (g) Conclusion(s) of law based on the findings of fact and applicable law. (h) An explanation of the reasoning that leads from the findings of fact to the legal conclusion(s) (i) An order stating the action taken by the agency as a result of the facts found and the legal conclusions arising therefrom. (j) A citation of the statutes under which the order may be appealed. (k) The date of service of the order on the party shall be specified in writing and be part of or attached to the order on file with the agency. (l) The final order shall be served on each party and, if the party is represented, on the party’s attorney. (2) If the agency modifies the proposed order issued by the administrative law judge in any substantial manner, the agency must identify the modifications and explain to the parties why the agency made the modifications. For purposes of this provision, an agency modifies a proposed order in a “substantial manner” when the effect of the modification is to change the outcome or the basis for the order or to change a finding of fact. Statutory/Other Authority: ORS 183.090, 183.470, 246.150, 260.232 & 260.995 Statutes/Other Implemented: ORS 183.470, 260.232 & 260.995 History: ELECT 19-2009, f. & cert. ef. 12-31-09 ELECT 7-2003, f. & cert. ef. 9-3-03 ELECT 26-1988, f. & cert. ef. 8-1-88 ELECT 15-1988(Temp), f. & cert. ef. 1-27-88
165-001-0080 Contested Case Hearings (1) The administrative law judge will hold a hearing by telephone unless the party requesting the hearing specifically requests a personal appearance hearing. If the party requests a personal appearance hearing, the hearing shall be held in Salem at the Office of Administrative Hearings. Nothing in this rule precludes the agency from allowing some parties or witnesses to attend by telephone while others attend in person. (2) The administrative law judge shall make an audio or stenographic record of any telephone hearing. (3) Not less than 5 business days prior to the commencement of a hearing, each party, including the agency, must deliver copies of the exhibits it intends to offer into evidence at the hearing. The exhibits must be delivered to the administrative law judge, all parties and the agency. For purposes of this rule, delivery may be accomplished by any of the following means, or by other means of a similar nature: hand delivery, deposit into first class or certified mail, facsimile, email or professional delivery service. (4) Nothing in this rule precludes any party or the agency from seeking to introduce documentary evidence in addition to evidence described in subsection (4) during the hearing. The administrative law judge shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the agency and to the other parties, the hearing may be continued upon the request of any party or the agency for sufficient time to allow the party or the agency to obtain and review the evidence. (5) The agency will give primary consideration to accommodate the needs of persons that are disabled so that they are not disadvantaged due to their disability. (6) As used in this rule, "telephone" means any two-way or multi-party electronic communication device, including video conferencing. Statutory/Other Authority: ORS 260 Statutes/Other Implemented: ORS 260.232 & 260.995 History: ELECT 5-2010, f. & cert. ef. 11-1-10 ELECT 19-2009, f. & cert. ef. 12-31-09 ELECT 5-1999, f. 7-30-99, cert. ef. 9-1-99
165-001-0095 Complaint Requirements (1) Any complaint filed pursuant to ORS 260.205 or ORS 260.345 must be signed by an elector of the State of Oregon. (2) A complaint filed pursuant to ORS 260.345 which is filed with an elections filing officer other than the State Elections Division shall be delivered by the filing officer to the State Elections Division within one business day. (3) The complaint may be delivered by electronic mail to elections.sos@state.or.us, by facsimile to 503-373-7414 or by mail or personal delivery to 255 Capitol Street NE, Suite 501, Salem, OR 97310. Statutory/Other Authority: 260.345 & ORS 246.150 Statutes/Other Implemented: 260.345, ORS 246.232, 260.205 & 260.995 History: ELECT 7-2020, amend filed 06/11/2020, effective 06/11/2020 ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16
165-002-0005 Refunds (1) This rule provides for the refund of fees paid in excess of the amount legally due to the Elections Division. (2) The Elections Division shall not refund fees paid in excess of the amount legally due to the Division if the amount is $10 or less, unless a refund is requested in writing by the applicant or the applicant's legal representative within three years after the date of the overpayment. Statutory/Other Authority: ORS 293 Statutes/Other Implemented: ORS 293.445 History: ELECT 17-2003, f. & cert. ef. 12-5-03 SD 17-1984, f. & ef. 9-14-84
165-002-0020 Schedule and Fees for Providing Statewide and Less Than Statewide Voter List (1) Any person may obtain an electronic copy of a statewide or less than statewide voter list from the Office of the Secretary of State, Elections Division, or any county elections official. The following fees for providing a list electronically will apply: (a) $25.00 fee for staff and processing time, and media used (b) $.025 per 100 voters (c) The maximum charge excluding the fee assessed under paragraph 2 of this rule will be $500.00. (2) For any special formatting requests, an hourly fee of $35.00 per hour will be assessed. The minimum fee assessed under this paragraph will be $35.00 and the maximum $100.00. Special formatting requests do not include providing the electronic copy of a statewide or less than statewide voter list in an alternate electronic format such as an Excel or Access file, rather than a tab delimited text file. (3) In accordance with ORS 247.945(4) the charge for a statewide voter list is $500.00. No special formatting requests will be permitted for a statewide voter list. (4) A request for a hardcopy of a less than statewide voter list, labels, or other non-electronic formats must be made with the county elections official of each county in which voters to be listed reside. (5) In accordance with ORS 192.440(3)(a) a county may establish fees reasonably calculated to reimburse the county for the actual cost of making the list available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the person’s request. (6) Any fee calculated under paragraph 1 of this rule may be rounded up to the nearest nickel. (7) All requests for a statewide or less than statewide voter list will be accompanied by a completed SEL 510, Customer Request Form for Statewide or Less Than Statewide Voter List. (8) The voter list must not be used for commercial purposes. Under ORS 247.955 a person will not be considered to use the voter list for commercial purposes if the person obtains the list of electors for the purpose of resale to candidates or political committees for political purposes only. Statutory/Other Authority: ORS 192.440 & 246.150 Statutes/Other Implemented: ORS 192.440 History: ELECT 20-2009, f. & cert. ef. 12-31-09 ELECT 12-2006, f. & cert. ef. 8-23-06, f. & cert. ef. 12-31-07
165-002-0025 Secretary of State as Filing Officer (1) ORS Chapters 246 through 260 name the Secretary of State as the filing officer for certain candidate filings, initiative, referendum and recall filings, campaign finance reports and other elections documents. (2) For purposes of ORS Chapters 246 through 260, when the Secretary of State is designated as the filing officer, "Secretary of State" is defined as the Elections Division, Suite 501, 255 Capitol St NE, Salem, OR 97310; telephone number (503) 986-1518; facsimile (fax) number (503) 373-7414; and for documents required or allowed to be filed electronically (email), elecfile.sos@state.or.us. (3) For any document for which the Secretary of State is the filing officer, such document will not be considered filed until it is physically received in its entirety at the location described in section (2) of this rule. Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: ORS 246.021 History: ELECT 17-2003, f. & cert. ef. 12-5-03 ELECT 11-1994, f. & cert. ef. 6-3-94
165-004-0005 Forms to Petition for Incorporation of a City The Secretary of State hereby adopts by reference and designates the following forms for filing a petition for incorporation of unincorporated territory as a city: (1) SEL 701, Prospective Petition for Incorporation, which designates not more than three chief petitioners; (2) SEL 702, Petition for Incorporation of a City Signature Sheet; (3) SEL 702a, Petition for Incorporation of a City Signature Sheet, to be used when the territory proposed to be incorporated is within the jurisdiction of a local government boundary commission. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 221.031 & 246.150 Statutes/Other Implemented: ORS 221.031 & 221.040 History: ELECT 28-2007, f. & cert. ef. 12-31-07 ELECT 10-2000, f. & cert. ef. 6-7-00 ELECT 14-1999(Temp), f & cert. ef. 12-29-99 thru 6-26-00 ELECT 10-1998, f. & cert. ef. 11-3-98 ELECT 1-1998, f. & cert. ef. 2-5-98 ELECT 21-1993, f. & cert. ef. 6-21-93 ELECT 15-1993(Temp), f. & cert. ef. 4-23-93 SD 15-1981, f. & ef. 12-1-81
165-004-0020 Forms to Petition for Creation of a City Through Consolidation The Secretary of State hereby adopts by reference and designates the following forms for filing a petition to create a city by consolidation of adjoining or nonadjoining cities or unincorporated territory: (1) SEL 705, Prospective Petition to Create a City by Consolidation, which designates not more than three chief petitioners; (2) SEL 706, Petition for Creation of a City Through Consolidation signature sheet. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 222.230, 246.120 & 246.150 Statutes/Other Implemented: ORS 222.210, 222.220, 222.225 & 222.230 History: ELECT 28-2007, f. & cert. ef. 12-31-07 ELECT 7-2002, f. & cert. ef. 8-1-02 ELECT 4-2002(Temp), f. & cert. ef. 6-12-02 thru 12-9-02
165-005-0050 Registration Procedures for Newly Naturalized Citizens (1) The purpose of these rules are to establish procedures for registering to vote an otherwise qualified person who will become a naturalized United States citizen after the registration cutoff but prior to the next election. (2) For purposes of this rule, these terms mean: (a) "Qualified Person" — A resident of the State of Oregon who is a United States citizen by 8pm on the day of the election; 17 years of age or older; has resided in this state for 20 days immediately preceding the election at which the person will vote; is registered more than 20 calendar days prior to the election. (b) "Naturalized United States Citizen" — A citizen of another country who has met the Bureau of Citizenship and Immigration Services requirements to obtain U.S. citizenship and, through a legal procedure, becomes a citizen of the United States. (c) “Evidence of Citizenship” — A Certificate of Naturalization, which is an identity document proving U.S. citizenship, issued by the Bureau of Citizenship and Immigration Services, after the person takes the Oath of Allegiance to the United States. (3) A person who will become a United States citizen after the 21st calendar day preceding an election, and who wishes to register to vote in that election, shall appear personally in the office of any County Elections Official, before the 20th day before the election, to request a voter registration form. The person shall explain that the person become a naturalized United States citizen after the voter registration deadline but prior to the next election. (4) The office of the County Elections Official shall permit the person to complete and submit a voter registration form. The County Elections Official shall include a notation that the individual will be a citizen, after the voter registration deadline but prior to the next election. (5) The office of the County Elections Official shall explain to the person that unless the person appears before the county clerk and provides evidence of citizenship by 8pm on the day of the election, the person's pending registration will be canceled. If the evidence of citizenship is presented before 8pm on election day, the person shall be issued a ballot for that election. (6) If the person fails to provide timely evidence of citizenship, the office of the County Elections Official shall cancel the person's pending registration. Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: ORS 247.015 History: ELECT 6-2009, f. & cert. ef. 5-4-09 ELECT 8-2003, f. & cert. ef. 9-3-03 ELECT 1-2001, f. & cert. ef. 2-1-01 ELECT 25-1994, f. & cert. ef. 10-27-94 ELECT 23-1990, f. & cert. ef. 7-13-90