justicedao/ipfs_state_laws huggingface dataset:
137-002-0025 Intervention in Declaratory Rulings (1) Any person or entity may petition the agency for permission to participate in the proceeding as a party. (2) The petition for intervention shall be in writing and shall contain: (a) The rule or statute that may apply to the person, property, or state of facts; (b) A statement of facts sufficient to show the intervenor’s interest; (c) A statement that the intervenor accepts the petitioner’s statement of facts for purposes of the declaratory ruling; (d) All propositions of law or contentions asserted by the intervenor; (e) A statement that the intervenor accepts the petitioner’s statement of the questions presented or a statement of the questions presented by the intervenor; (f) A statement of the specific relief requested. (3) The agency may, in its discretion, invite any person or entity to file a petition for intervention. (4) The agency, in its discretion, may grant or deny any petition for intervention. If a petition for intervention is granted, the status of the intervenor(s) shall be the same as that of an original petitioner, i.e. the declaratory ruling, if any, issued by the agency shall be binding between the intervenor and the agency on the facts stated in the petition, subject to review as provided in ORS 183.410 (5) The decision to grant or deny a petition for intervention shall be in writing and shall be served on all parties. Statutory/Other Authority: ORS 183.410 Statutes/Other Implemented: ORS 183.410 History: JD 6-1995, f. 8-25-95, cert. ef. 9-9-95 JD 5-1989, f. 10-5-89, cert. ef. 10-15-89
137-002-0030 Notice of Declaratory Ruling Hearing The notice of hearing for a declaratory ruling shall: (1) Be accompanied by a copy of the petition requesting the declaratory ruling and by a copy of any petition for intervention if copies of these petitions have not previously been served on the party; (2) Set forth the time and place of the proceeding; and (3) Identify the presiding officer. Statutory/Other Authority: ORS 183.410 Statutes/Other Implemented: ORS 183.410 History: JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81 1AG 14, f. & ef. 10-22-75
137-002-0040 Declaratory Ruling Procedure (1) The proceeding shall be conducted by and shall be under the control of the presiding officer. The presiding officer may be the chief administrative officer of the agency, a member of its governing body or any other person designated by the agency. (2) No testimony or other evidence shall be accepted at the hearing. The petition will be decided on the facts stated in the petition, except that the presiding officer may agree to accept, for consideration by the agency, a statement of alternative facts if such a statement has been stipulated to in writing by all parties to the proceeding, including any intervening parties. (3) The parties and agency staff shall have the right to present oral argument. The presiding officer may impose reasonable time limits on the time allowed for oral argument. The parties and agency staff may file briefs in support of their respective positions. The presiding officer shall fix the time and order of filing briefs and may direct that the briefs be submitted prior to oral argument. The presiding officer may permit the filing of memoranda following the hearing. (4) The proceeding may be conducted in person or by telephone. (5) As used in this rule, “telephone” means any two-way electronic communication device. Statutory/Other Authority: ORS 183.410 Statutes/Other Implemented: ORS 183.410 History: JD 6-1995, f. 8-25-95, cert. ef. 9-9-95 JD 6-1993, f. 11-1-93, cert. ef. 11-4-93 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81 1AG 14, f. & ef. 10-22-75
137-002-0050 Presiding Officer’s Proposed Declaratory Ruling (1) Except when the presiding officer is the decision maker, the presiding officer shall prepare a proposed declaratory ruling in accordance with OAR 137-002-0060 for consideration by the decision maker. (2) When a proposed declaratory ruling is considered by the decision maker, the parties and agency staff shall have the right to present oral argument to the decision maker. Statutory/Other Authority: ORS 183.410 Statutes/Other Implemented: ORS 183.410 History: JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 1AG 14, f. & ef. 10-22-75
137-002-0060 Issuance of Declaratory Ruling (1) The agency shall issue its declaratory ruling within 60 days of the close of the record. (2) The ruling shall be in writing and shall include: (a) The facts upon which the ruling is based; (b) The statute or rule in issue; (c) The agency’s conclusion as to the applicability of the statute or rule to those facts; (d) The agency’s conclusion as to the legal effect or result of applying the statute or rule to those facts; (e) The reasons relied upon by the agency to support its conclusions; (f) A statement that under ORS 183.480 the parties may obtain judicial review by filing a petition with the Court of Appeals within 60 days from the date the declaratory ruling is served. (3) The ruling shall be served by mailing a copy to the parties. Statutory/Other Authority: ORS 183.410 Statutes/Other Implemented: ORS 183.410 History: JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81 1AG 14, f. & ef. 10-22-75
137-003-0000 Applicability of Rules in OAR 137, Division 3 (1) An agency that does not use an administrative law judge assigned from the Office of Administrative Hearings to conduct contested case hearings for the agency may choose to adopt any or all of the Model Rules for Contested Cases in OAR 137-003-0000 to 137-003-0092 or in 137-003-0501 to 137-003-0700. The agency may adopt these rules by reference without complying with the rulemaking procedures under ORS 183.335. Notice of such adoption shall be filed with the Secretary of State in the manner provided by ORS 183.355. (2) When an administrative law judge assigned from the Office of Administrative Hearings conducts a contested case hearing for the agency, the proceedings shall be conducted pursuant to OAR 137-003-0501 to 137-003-0700, unless: (a) The case is not subject to the procedural requirements for contested cases; or (b) The Attorney General, by order, has exempted the agency or a category of the agency's cases from the application of such rules in whole or in part. These rules need not be adopted by the agency to be effective. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & OL 1999 & Ch. 849 History: DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0001 Contested Case Notice (1) The agency's contested case notice issued pursuant to ORS 183.415 shall include: (a) A caption with the name of the agency and the name of the person or agency to whom the notice is issued; (b) A short and plain statement of the matters asserted or charged and a reference to the particular sections of the statute and rules involved; (c) A statement of the party's right to be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources; (d) A statement of the party's right to a hearing; (e) A statement of the agency's authority and jurisdiction to hold a hearing on the matters asserted or charged; and (f) Either: (A) A statement of the procedure and time to request a hearing, the agency address to which a hearing request should be sent, and a statement that if a request for hearing is not received by the agency within the time stated in the notice the person will have waived the right to a hearing; or (B) A statement of the time and place of the hearing. (g) A statement indicating whether and under what circumstances an order by default may be entered. (2) A contested case notice may include either or both of the following: (a) A statement that the record of the proceeding to date, including information in the agency file or files on the subject of the contested case and all materials submitted by the party, automatically becomes part of the contested case record upon default for the purpose of proving a prima facie case; (b) A statement that a collaborative dispute resolution process is available as an alternative to a contested case hearing, if requested within the time period stated in the notice, and that choosing such a process will not affect the right to a contested case hearing if a hearing request is received by the agency within the time period stated in the notice and the matter is not resolved through the collaborative process. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.341(1), 183.413, 183.415(7), 183.502 & 2007 HB 2423 History: DOJ 9-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 11-2005, f. 10-31-05, cert. ef. 1-1-06 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 1-1997, f. 3-28-97, cert. ef. 4-1-97 JD 7-1991, f. & cert. ef. 11-4-91 JD 1-1988, f. & cert. ef. 3-3-88 JD 2-1986, f. & ef. 1-27-86 1AG 4-1979, f. & ef. 12-3-79 1AG 17, f. & ef. 11-25-77 1AG 14, f. & ef. 10-22-75
137-003-0002 Rights of Parties in Contested Cases (1) In addition to the information required to be given in writing under ORS 183.413(2) and 183.415(2) and (3), before commencement of a contested case hearing, the agency shall inform a party, if the party is an agency, corporation, or an unincorporated association, that such party must be represented by an attorney licensed in Oregon, unless statutes applicable to the contested case proceeding specifically provide otherwise. This information may be given in writing or orally. (2) Unless otherwise precluded by law, the agency and the parties may agree to use alternative methods of dispute resolution in contested case matters. Such alternative methods of resolution may include arbitration or any collaborative method designed to encourage the agency and the parties to work together to develop a mutually agreeable solution, such as negotiation, mediation, use of a facilitator or a neutral fact-finder or settlement conferences, but may not include arbitration that is binding on the agency. (3) Final disposition of contested cases may be by a final order following hearing or, unless precluded by law, by stipulation, agreed settlement, consent order or final order by default. A stipulation, agreed settlement or consent order disposing of a contested case must be in writing and signed by the party or parties. By signing such an agreement, the party or parties waive the right to a contested case hearing and to judicial review. The agency shall incorporate the disposition into a final order. A copy of any final order incorporating an agreement must be delivered or mailed to each party and, if a party is represented by an attorney, to the party’s attorney. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 9.320, 183.341(1), 183.413, 183.415, 183.502 & 2007 HB 2423 History: DOJ 9-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 1-1997, f. 3-28-97, cert. ef. 4-1-97 JD 6-1995, f. 8-25-95, cert. ef. 9-9-95 JD 2-1986, f. & ef. 1-27-86 1AG 1-1981, f. & ef. 11-17-81
137-003-0003 Late Filing (1)(a) When a party requests a hearing after the time specified by the agency but before entry of a final order by default or, if a final order by default is entered, on or before 60 calendar days after entry of the order, the agency may accept the late request only if the cause for failure to timely request the hearing was beyond the reasonable control of the party, unless other applicable statutes or agency rule provides a different timeframe or standard. (b) If a final order by default has already been entered, the party requesting the hearing shall deliver or mail within a reasonable time a copy of the hearing request to all persons and agencies required by statute, rule or order to receive notice of the proceeding. (c) In determining whether to accept a late hearing request, the agency may require the request to be supported by an affidavit and may conduct such further inquiry, including holding a hearing, as it deems appropriate. (d) The agency by rule or in writing may provide a right to a hearing on whether the late filing of a hearing request should be accepted. (e) If the late hearing request is allowed by the agency, it shall enter an order granting the request and schedule a hearing on the underlying matter. If the late hearing request is denied, the agency shall enter an order setting forth its reasons for the denial. (f) Except as otherwise provided by law, if a final order by default has been entered, that order remains in effect during the agency’s consideration of a late hearing request unless the final order is stayed under OAR 137-003-0090. (g) When a party requests a hearing more than 60 calendar days (or other time period set by statute) after the agency has entered a final order by default, the agency shall not grant the request unless a statute or agency rule permits the agency to consider the request. (2)(a) Unless otherwise provided by law, when a person fails to file any document, other than a hearing request, within the time specified by agency rules or these model rules of procedure, the late filing may be accepted if the agency or presiding officer determines that the cause for failure to file the document timely was beyond the reasonable control of the party. (b) The agency may require a statement explaining the reasons for the late filing. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: DOJ 9-2001, f. & cert. ef. 10-3-01 JD 7-1991, f. & cert. ef. 11-4-91 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89
137-003-0007 Agency Participation as Interested Agency or Party (1) When an agency gives notice that it intends to hold a contested case hearing, it may also notify the parties that it intends to name any other agency that has an interest in the outcome of that proceeding as a party or as an interested agency, either on its own initiative or upon request by that other agency. (2) Each party shall have seven days from the date of personal service or mailing of the notice to file objections. (3) The agency decision to name an agency as a party of as an interested agency shall be by written order and served promptly on the parties and the named agency. (4) An agency named as a party or as an interested agency has the same procedural rights and shall be given the same notices as any party in the proceeding. An interested agency, unlike a party, has no right to judicial review. (5) An agency may not be named as a party under this rule without written authorization of the Attorney General. Statutory/Other Authority: ORS 180, 183.341 & 183.390 Statutes/Other Implemented: ORS 180.060, 180.220, 183.341(1) & 183.415(4) History: JD 7-1991, f. & cert. ef. 11-4-91 JD 2-1986, f. & ef. 1-27-86
137-003-0010 Emergency License Suspension, Refusal to Renew (1) If the agency finds there is a serious danger to the public health or safety, it may, by order, immediately suspend or refuse to renew a license. For purposes of this rule, such an order is referred to as an emergency suspension order. An emergency suspension order must be in writing. It may be issued without prior notice to the licensee and without a hearing prior to the emergency suspension order. (2)(a) When the agency issues an emergency suspension order, the agency shall serve the order on the licensee either personally or by registered or certified mail; (b) The order shall include the following statements: (A) The effective date of the emergency suspension order; (B) Findings of the specific acts or omissions of the licensee that violate applicable laws and rules and are the grounds for revocation, suspension or refusal to renew the license in the underlying proceeding affecting the license; (C) The reasons the specified acts or omissions seriously endanger the public’s health or safety; (D) A reference to the sections of the statutes and rules involved; (E) That the licensee has the right to demand a hearing to be held as soon as practicable to contest the emergency suspension order; and (F) That if the demand for hearing is not received by the agency within 90 calendar days of the date of notice of the emergency suspension order the licensee shall have waived its right to a hearing regarding the emergency suspension order. (3)(a) If timely requested by the licensee, the agency shall hold a hearing on the emergency suspension order as soon as practicable. (b) The agency may combine the hearing on the emergency suspension order with any underlying agency proceeding affecting the license. (c) At the hearing regarding the emergency suspension order, the agency shall consider the facts and circumstances including, but not limited to: (A) Whether the acts or omissions of the licensee pose a serious danger to the public’s health or safety; and (B) Whether circumstances at the time of the hearing justify confirmation, alteration or revocation of the order. Statutory/Other Authority: ORS 183.341 & 183.390 Statutes/Other Implemented: ORS 183.341(1) & 183.430 History: DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 7-1991, f. & cert. ef. 11-4-91 JD 1-1988, f. & cert. ef. 3-3-88 JD 2-1986, f. & ef. 1-27-86 1AG 17, f. & ef. 11-25-77 1AG 14, f. & ef. 10-22-75
137-003-0015 Use of Collaborative Dispute Resolution in Contested Cases Hearing (1) When an agency issues a contested case notice, the agency and a party may agree to participate in a collaborative dispute resolution (DR) process to resolve any issues relevant to the notice. Neither the party’s request, nor any agreement by the agency, to participate in such a process tolls the period for filing a timely request for a contested case hearing. (2) If the agency agrees to participate in a collaborative DR process, the agency may establish a deadline for the conclusion of the process. (3) The agency and the party may sign an agreement containing any of the provisions listed in OAR 137-005-0030 or such other terms as may be useful to further the collaborative DR process. (4) If the agency has agreed to participate in a collaborative DR process and the party makes a timely request for a contested case hearing: (a) The hearing shall be suspended until the collaborative DR process is completed, the agency or the party opts out of the collaborative DR process, or the deadline, if any, for the conclusion of the collaborative process is reached. (b) The agency shall proceed to schedule the contested case hearing if the collaborative DR process terminates without settlement of the contested case, unless the party withdraws the hearing request. (5) Any informal disposition of the contested case shall be consistent with ORS 183.417(3) and OAR 137-003-0002(3). Statutory/Other Authority: ORS 183.341 & ORS 183.502 Statutes/Other Implemented: ORS 183.502 History: DOJ 22-2018, minor correction filed 09/06/2018, effective 09/06/2018 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 1-1997, f. 3-28-97, cert. ef. 4-1-97
137-003-0035 Prehearing Conferences (1) Prior to hearing, the agency may, in its discretion, conduct one or more prehearing conferences to facilitate the conduct and resolution of the case. The agency may convene the conference on its own initiative or at a party’s request. (2) The purposes of a prehearing conference may include, but are not limited to the following: (a) To facilitate discovery and to resolve disagreements about discovery; (b) To identify, simplify and clarify issues; (c) To eliminate irrelevant issues; (d) To obtain stipulations of fact; (e) To provide to the presiding officer, agency and parties, in advance of the hearing, copies of all documents intended to be offered as evidence at the hearing and the names of all witnesses expected to testify; (f) To authenticate documents; (g) To decide the order of proof and other procedural matters pertaining to the conduct of the hearing; (h) To discuss the use of a collaborative dispute resolution process in lieu of or preliminary to holding the contested case hearing; and (i) To discuss settlement or other resolution or partial resolution of the case. (3) The prehearing conference may be conducted in person or by telephone. (4) The agency must make a record of any stipulations, rulings and agreements. The agency may make an audio or stenographic record of the pertinent portions of the conference or may place the substance of stipulations, rulings and agreements in the record by written summary. Stipulations to facts and to the authenticity of documents and agreements to narrow issues shall be binding upon the agency and the parties to the stipulation unless good cause is shown for rescinding a stipulation or agreement. (5) After the hearing begins, the presiding officer may at any time recess the hearing to discuss any of the matters listed in section (2) of this rule. (6) The agency may delegate to the presiding officer the discretion to conduct prehearing conferences. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1), 183.415(9) & 183.462 History: DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 1-1997, f. 3-28-97, cert. ef. 4-1-97 JD 7-1991, f. & cert. ef. 11-4-91
137-003-0040 Conducting Contested Case Hearing (1) The contested case hearing shall be conducted by and under the control of the presiding officer. The presiding officer may be the chief administrative officer of the agency, a member of its governing body, or any other person designated by the agency. (2) If the presiding officer or any decision maker has an actual or potential conflict of interest as defined in ORS 244.020(1) or (14), 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 presiding officer, so as to include the following: (a) The statement and evidence of the proponent in support of its action; (b) The statement and evidence of opponents, interested agencies, and other parties; except that limited parties may address only subjects within the area to which they have been limited; (c) Any rebuttal evidence; (d) Any closing arguments. (4) Presiding officers or decision makers, agency representatives, interested agencies, and parties shall have the right to question witnesses. However, limited parties may question only those witnesses whose testimony may relate to the area or areas of participation granted by the agency. (5) The hearing may be continued with recesses as determined by the presiding officer. (6) The presiding officer 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 agency as part of the record of the proceedings. (8) If the presiding officer or any decision maker 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 137-003-0055. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1), 183.415(9) & 183.462 History: JD 6-1995, f. 8-25-95, cert. ef. 9-9-95 JD 7-1991, f. & cert. ef. 11-4-91 JD 2-1986, f. & ef. 1-27-86 1AG 4-1979, f. & ef. 12-3-79 1AG 14, f. & ef. 10-22-75