justicedao/ipfs_state_laws huggingface dataset:
350-016-0003 Description of Organization; Service of Order; Effect of Not Putting Order in Writing (1) In addition to other rulemaking requirements imposed by law, the commission shall publish a description of its organization and the methods whereby the public may obtain information or make submissions or requests. (2) The commission shall appoint a rules coordinator and file a copy of that appointment annually with the Oregon Secretary of State and Washington Code Reviser. The rules coordinator shall: (a) Maintain copies of all rules adopted by the agency and be able to provide information to the public about the status of those rules; (b) Provide information to the public on all rulemaking proceedings of the agency; and (c) Keep and make available the mailing list required by 350-016-0004(7). (3) An order shall not be effective as to a person or party unless it is served upon him either personally or by mail. This subsection is not applicable in favor of any person or party who has actual knowledge of the order. (4) An order is not final until it is reduced to writing. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0005 Procedure for Commission Adoption of Federal Rules (1) Notwithstanding 350-016-0004, when the commission is required to adopt rules or regulations promulgated by an agency of the Federal Government and the Agency has no authority to alter or amend the content or language of those rules or regulations prior to their adoption, the agency may adopt those rules or regulations under the procedure prescribed in this section. (2) Prior to the adoption of a federal rule or regulation under subsection (1) of this section, the commission shall give notice of the adoption of the rule or regulation, the effective date of the rule or regulation and the subject matter of the rule or regulation in the manner established in 350-016-0004(1). (3) After giving notice the commission may add to the rule or regulation by filing a copy with the Oregon Secretary of State and the Washington Code Reviser. The commission is not required to conduct public hearings concerning the adoption of the rule or regulation. (4) Nothing in this section authorizes the commission to amend federal rules ore regulations or adopt rules in accordance with federal requirements without giving an opportunity for hearings as required by 350-016-0004. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0006 Filing and Taking Effect of Rules; Copies (1)(a) The commission shall file in the office of the Oregon Secretary of State and Washington Code Reviser a certified copy of each rule adopted by it. (b) Notwithstanding the provisions of paragraph (a) of this subsection, the commission adopting a rule incorporating published standards of reference is not required to file a copy of those standards with the Oregon Secretary of State or the Washington Code Reviser if: (A) The standards adopted are unusually voluminous and costly to reproduce; and (B) The rule identifies the location of the standards to be incorporated and the conditions of their availability to the public. (2) Each rule is effective upon the expiration of 30 days after the date of filing as required by subsection (1) of this section, except that: (a) If a later effective date is required by constitution, statute or court order, the later date is the effective date. (b) If a different effective date is specified in the rule and the commission finds that action is necessary because of imminent peril to public health, safety or welfare, the specified date is the effective date. (c) A temporary rule becomes effective upon filing with the Oregon Secretary of State and Washington Code Reviser, or at a designated later date, only if the statement required by 350-016-0004(5) is filed with the rule. The commission shall take appropriate measures to make temporary rules known to the persons who may be affected by them. (3) When a rule is amended or repealed by the commission, the commission shall file a certified copy of the amendment or notice of repeal with the Oregon Secretary of State and Washington Code Reviser. (4) No rule of which a certified copy if required to be filed shall be valid or effective against any person or party until a certified copy is filed in accordance with this section. However, if the commission, in disposing of a contested case, announces in its decision the adoption of a general policy applicable to such case and subsequent cases of like nature the commission may rely upon such decision in disposition of later cases. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0007 Petitions Requesting Adoption of Rules An interested person may petition the commission requesting the promulgation, amendment or repeal of a rule. The commission shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. Not later than 30 days after the date of submission of a petition, the commission shall deny the petition in writing or shall initiate the rulemaking proceedings. If the commission denies the petition it shall set forth in writing its reasons for doing so. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0010 Presiding Officer — Disqualification, Substitution (1) Any party may petition for the disqualification of an individual promptly after receipt of notice indicating that the individual will preside or, if later, promptly upon discovering facts establishing grounds for disqualification. (2) The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. (3) If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other reason, the substitute must be appointed by the commission. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0011 Interpreter for Handicapped Person in Contested Case (1) When a handicapped person is a party to a contested case, the handicapped person is entitled to a qualified interpreter to interpret the proceedings to the handicapped person and to interpret the testimony of the handicapped person to the commission. (2)(a) Except as provided in paragraph (b) of this subsection, the commission shall appoint the qualified interpreter for the handicapped person; and the commission shall fix and pay the fees and expenses of the qualified interpreter if: (A) The handicapped person makes a verified statement and provides the information in writing under oath showing the inability of the handicapped person to obtain a qualified interpreter, and provides any other information required by the commission concerning the inability of the handicapped person to obtain such an interpreter; and (B) It appears to the commission that the handicapped person is without means and is unable to obtain a qualified interpreter. (b) If the handicapped person knowingly and voluntarily files with the commission a written statement that the handicapped person does not desire a qualified interpreter to be appointed for the handicapped person, the commission shall not appoint such an interpreter for the handicapped person. (3) As used in this section: (a) “Handicapped person” means a person who cannot readily understand or communicate the English language, or cannot understand the proceedings or a charge made against the handicapped person, or is incapable of presenting or assisting in the presentation of the defense of the handicapped person, because the handicapped person is deaf, or because the handicapped person has a physical hearing impairment or physical speaking impairment. (b) “Qualified interpreter” means a person who is readily able to communicate with the handicapped person, translate the proceedings for the handicapped person, and accurately repeat and translate the statements of the handicapped person to the commission. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0012 Depositions or Subpoena of Material Witness; Discovery (1) On petition of any party to a contested case, the commission may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth the name and address of the witness whose testimony is desired, a showing of the materiality of the testimony of the witness, and a request for an order that the testimony of such witness be taken before an officer named in the petition for that purpose. If the witness resides in Oregon or Washington and is unwilling to appear, the commission may issue a subpoena, requiring his appearance. (2) On petition of any party to a contested case the commission may order that the party be allowed an opportunity to visit the property that is the subject of a hearing before the commission. The petition shall set forth the name, address and telephone number of the person or persons who will visit the property and a showing of the materiality of the evidence to be obtained from the visit. The applicant, the owner of the property or a representative shall be entitled to accompany the petitioning party while on the property and shall be given access to any written report or notes from the site visit prepared for the petitioning party that is not subject to protection under the attorney-client privilege. (3) The commission may allow petitions to take depositions, for subpoenas, admissions or other forms of discovery prescribed by law in civil actions upon a showing of necessity and unavailability by other means. In determining whether to allow the discovery the commission shall consider: (a) Whether all parties are represented by counsel; (b) Whether undue expense or delay in bringing the matter to hearing will result; (c) Whether the discovery will promote the orderly and prompt conduct of the proceeding; and (d) Whether the interests of justice will be promoted. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0013 Subpoenas in Contested Cases (1) The commission shall issue subpoenas to any party to a contested case upon request upon a showing of general relevance and reasonable scope of the evidence sought. A party, other than the commission, entitled to have witnesses on behalf of the party may have subpoenas issued by an attorney of record of the party, subscribed by the signature of the attorney. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in civil actions. (2) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court or superior court of any county, on the application of the commission or of a designated representative of the commission or of the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0014 Evidence in Contested Cases (1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude commission action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. The commission shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. (2) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to an except as provided in subsection (4) of this section no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position. (3) Every party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence. Persons appearing in a limited party status shall participate in the manner and to the extent prescribed by rule of the commission. (4) The commission may take notice of judicially cognizable facts, and may take official notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified at any time during the proceeding but in any event prior to the final decision of material officially noticed and the sources of the materials and they shall be afforded an opportunity to contest the facts so noticed. The commission may utilize its experience, technical competence and specialized knowledge in the evaluation of the evidence presented to it. (5) No sanction shall be imposed or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party, and as supported by, and in accordance with, reliable, probative and substantial evidence. (6) The commission may, at is discretion, be represented at the hearings by the Attorney General of Washington or Oregon. Statutory/Other Authority: ORS 197.150 & RCW 43.97 Statutes/Other Implemented: ORS 197.150, RCW 43.97 & 16 U.S.C. 544 et seq. History: CRGC 1-2002, f. 10-16-02 cert. ef. 12-2-02 CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0015 Examination of Evidence by Agency in Contested Cases Whenever in a contested case a majority of the officials of the commission who are to render the final order have not heard the case or considered the record, the order, if adverse to party other than the commission itself, shall not be made until a proposed order, including findings of fact and conclusions of law, has been served upon the parties and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the officials who are to render the decision. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0017 Proposed Order by Hearings Officer; Amendment by Commission; Exemptions (1) Except as otherwise provided in subsections (1) to (3) of this section, unless a hearings officer is authorized or required by law or commission rule to issue a final order, the hearings officer shall prepare and serve on the commission and all parties to a contested case hearing a proposed order, including recommended findings of fact and conclusions of law. The proposed order shall become final after the 30th day following the date of service of the proposed order, unless the commission within that period issues an amended order. (2) The commission may be rule specify a period of time after which a proposed order will become final that is different from that specified in subsection (1) of this section. (3) If the commission determines that additional time will be necessary to allow the commission adequately to review a proposed order in a contested case, the commission may extend the time after which the proposed order will become final by a specified period of time. The commission shall notify the parties to the hearing of the period of extension. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0018 Orders in Contested Cases (1) Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion. (2) A final order shall be accompanied by findings of fact and conclusions of law, and the reasons and basis therefore, on all the material issues of fact, law, or discretion presented on the record, including the remedy or sanction. Any findings based substantially upon credibility of evidence or demeanor of witnesses shall be so identified. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of facts and as to each ultimate fact required to support the commission’s order. (3) The commission shall serve in writing any final order within 90 days after the hearing or after the submission of any additional memoranda, briefs or proposed findings. The commission shall notify the parties to a proceeding of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to each party or, if applicable, the party’s attorney of record. (4) Every final order shall include a citation of the statutes under which the order may be appealed. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0020 Commission Record of Contested Case (1) The commission shall maintain an official record of each contested case. (2) The commission record shall include: (a) Notices of proceedings; (b) Any prehearing order; (c) Any motions, pleadings, briefs, petitions, requests and intermediate rulings; (d) Evidence received or considered; (e) A statement of any matters officially noticed; (f) Proffers of proof and objections and rulings thereon; (g) Proposed findings, requested orders and exceptions; (h) The recording prepared for the commission at the hearing, together with any transcript of all or part of the hearing considered before final disposition of the proceeding; (i) Any final order, initial order or order on reconsideration; (j) Staff memoranda or data submitted to the commission; and (k) Matters placed on the record after an ex parte communication. Statutory/Other Authority: ORS 196.150 Statutes/Other Implemented: ORS 196.150, RCW 43.97.015 & 16 U.S.C. § 544 et seq. History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90 CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89 CRGC 1-1989, f. 3-2-89, cert. ef. 3-7-89 Reverted to CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 3-1988(Temp), f. 11-17-88, cert. ef. 11-17-88 thru 2-13-89 CRGC 2-1987, f. 12-7-87, ef. 12-8-87 CRGC 1-1987(Temp), f. & ef. 9-10-87
350-016-0022 Service of Process A petition for judicial review of a final order in a contested case shall be served upon the commission by delivery of a copy of the petition to the office of the executive director or chairperson of the commission at the principal office of the commission. Statutory/Other Authority: ORS 196.150 - 196.165 & 390.500 - 390.515 History: CRGC 2-1990, f. & cert. ef. 5-21-90 CRGC 1-1990, f. & cert. ef. 1-16-90