justicedao/ipfs_state_laws huggingface dataset:
137-003-0525 Scheduling Hearings (1) Subject to the approval of the agency, the Office of Administrative Hearings or assigned administrative law judge shall: (a) Set the date and time of the hearing, including a postponed or continued hearing; (b) Determine the location of the hearing; and (c) Determine whether cases shall be consolidated or bifurcated, except that, in accordance with OAR 137-003-0560(5), emergency suspension hearings shall not be consolidated with any related agency proceedings affecting the license, unless the party agrees to the consolidation. (2) Unless otherwise provided by law, the Office of Administrative Hearings or assigned administrative law judge may postpone or continue a hearing: (a) For good cause; or (b) By agreement of the parties and the agency, if the agency is participating in the hearing. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.630 History: DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12 DOJ 9-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 9-2001, f. & cert. ef. 10-3-01 DOJ 2-2000, f. & cert. ef. 3-27-00 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0530 Late Filing and Amendment of Documents (1) Unless otherwise provided by law, when a party or agency fails to file any document for the contested case proceeding, except a hearing request, within the time specified by agency rules or these rules of procedure, the late filing may be accepted if the agency or administrative law judge determines that there was good cause for failure to file the document within the required time. (2) The decision whether a late filing will be accepted shall be made: (a) By the agency if OAR 137-003-0520 requires the document to be filed with the agency; or (b) By the administrative law judge if OAR 137-003-0520 requires the document to be filed with the Office of Administrative Hearings or the assigned administrative law judge. (3) The agency or administrative law judge may require a statement explaining the reasons for the late filing. (4) Notwithstanding any other provision of these rules, after the notice required by ORS 183.415 is issued: (a) An agency may issue an amended notice: (A) Before the hearing; or, (B) During the hearing, but before the evidentiary record closes, if the administrative law judge determines that permitting the amendment will not unduly delay the proceeding or unfairly prejudice the parties. (b) If an agency issues an amended notice, any party may obtain, upon request, a continuance determined to be reasonably necessary to respond to any new material contained in the amended notice. This subsection ((4)(b)) does not apply to implied consent proceedings conducted pursuant to ORS Chapter 813. The amendments to subsection (4) of this rule apply to all notices issued after January 31, 2012. (5) Unless otherwise provided by law, when a party or agency files any document for the contested case proceeding, the agency or the administrative law judge may permit the party or agency to file an amended document if the agency or administrative law judge determines that permitting the amendment will not unduly delay the proceeding or unfairly prejudice the parties or the agency. (6) The decision whether an amended document will be accepted shall be made: (a) By the agency if OAR 137-003-0520(2) requires the document to be filed with the agency; or (b) By the administrative law judge if OAR 137-003-0520(2) requires the document to be filed with the Office of Administrative Hearings or the assigned administrative law judge. (7) The agency or administrative law judge may require a statement explaining the reasons for the amendment. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.630 History: DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12 DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 7-2003, f. 7-11-03, cert. ef. 7-21-03 DOJ 9-2001, f. & cert. ef. 10-3-01 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0540 Agency Participation as Interested Agency or Party (1) At any time after an agency refers a contested case to the Office of Administrative Hearings, the agency 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 calendar days from the date of service of the notice to file objections. The agency may establish a shorter or longer period of time for filing objections. (3) The agency decision to name an agency as a party or as an interested agency shall be by written order and served promptly on the parties, the named agency and the Office of Administrative Hearings or assigned administrative law judge. (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 183.341 Statutes/Other Implemented: ORS 180.060, 180.220, 183.341, 183.415(4) & 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
137-003-0545 Representation of Agency by Attorney General or Agency Representative (1) An agency may be represented at a contested case hearing by the Attorney General. (2) An agency may be represented at a contested case hearing by an officer or employee of the agency if the Attorney General has consented to that representation in a particular hearing or class of hearings and the agency, by rule, has authorized an agency representative to appear on its behalf in the particular type of contested case hearing involved. (3) The administrative law judge shall not allow an agency representative appearing under section (2) of this rule to present legal argument as defined in this rule. (a) "Legal Argument" includes 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 an agency; (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal Argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; and (E) The correctness of procedures being followed in the contested case hearing. (4) If the administrative law judge determines that statements or objections made by an agency representative appearing under section (2) involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the agency representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing. (5) An agency representative appearing under section (2) must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings dated June 1, 2011, as amended October 1, 2011, which is maintained by the Oregon Department of Justice and available on its website at http://www.doj.state.or.us. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.452 & 183.630 History: DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12 DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0550 Representation of Parties; Out-of-state Attorneys (1) Natural persons who are parties in a contested case may represent themselves or may be represented by an attorney or other representative as authorized by federal or state law, including ORS 183.458. (2) Corporations, partnerships, limited liability companies, unincorporated associations, trusts and government bodies must be represented by an attorney except as provided in OAR 137-003-0555 or as otherwise authorized by law. (3) Unless otherwise provided by law, an out-of-state attorney may not represent a party to a contested case unless the out-of-state attorney is granted permission to appear in the matter pursuant to Oregon Uniform Trial Court Rule 3.170. Local counsel who obtained the order on behalf of the out-of-state attorney must participate meaningfully in the contested case in which the out-of-state attorney appears. (4) Even if section (2) applies, a request for hearing will not be deemed to be invalid solely because it was not signed by a person licensed to practice law in Oregon as long as an attorney ratifies the request, in writing, within 28 days of the date that the request was received by the agency. The filing date will be determined by the date the hearing request was received, not by the ratification date. This requirement applies to hearing requests received after January 31, 2012. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 9.320, 183.341, 183.458 & 183.630 History: DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12 DOJ 11-2005, f. 10-31-05, cert. ef. 1-1-06 DOJ 9-2001, f. & cert. ef. 10-3-01 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0565 Use of Collaborative Dispute Resolution in Contested Case Hearing (1) When an agency issues a contested case notice, the party(ies) and the agency, if participating in the contested case hearing, may agree to participate in a collaborative dispute resolution (DR) process to resolve any issues relevant to the notice. Neither a 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) The agency, if participating in the contested case hearing, or the administrative law judge, if the agency is not participating in the contested case hearing, may establish a deadline for the conclusion of the collaborative DR process, (3) The participants in the collaborative DR process 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 party(ies), and the agency if participating in the contested case hearing, have agreed to participate in a collaborative DR process and a party makes a timely request for a contested case hearing, 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. (5) Collaborative dispute resolution may occur at any time before issuance of a final order. Any informal disposition of the contested case shall be consistent with ORS 183.415(5) and OAR 137-003-0510(4). Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.341, 183.415(5) & 183.502 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
137-003-0566 Discovery in Contested Case Hearing — Methods (1) Before the hearing, upon request by the agency or by a party, the agency and each party must provide: (a) The names, telephone numbers, and addresses of witnesses expected to testify at the hearing, except rebuttal witnesses; (b) Documents that the party or agency plans to offer as evidence; (c) Objects for inspection, if the party or agency plans to offer the objects as evidence: (d) Responses to no more than 20 requests for admission (each subpart to count as a separate request) unless otherwise authorized, limited, or prohibited by the administrative law judge; and, (e) Responses to no more than 20 written interrogatories (each subpart to count as a separate interrogatory), unless otherwise authorized, limited, or prohibited by the administrative law judge. (2) An agency may provide by rule that some or all discovery methods under this section do not apply to a specified program or category of cases if: it finds that the availability of discovery would unduly complicate or interfere with the hearing process in the program or cases, because of the volume of the applicable caseload and the need for speed and informality in that process, and that alternative procedures for the sharing of relevant information are sufficient to ensure the fundamental fairness of the proceedings. (3) An agency may, by rule, limit a party’s ability to obtain discovery from the agency when the agency merely is providing a forum for the parties and is not an active participant in the case. (4) This rule is not intended to limit or otherwise conflict with a party’s statutory right to obtain public records upon request. If a party knows or expects that a public record request relates to the proceeding, the party shall provide a copy of the public record request to the attorney or representative for the agency at the time the request is made. (5) This rule is not intended to limit or otherwise conflict with the statutory authority, if any, of the agency to investigate. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.630 History: Renumbered from 137-003-0570 by DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12 DOJ 11-2005, f. 10-31-05, cert. ef. 1-1-06 DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 7-2003, f. 7-11-03, cert. ef. 7-21-03 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0567 Discovery in Contested Case Hearing — Standard Any discovery request must be reasonably likely to produce information that is generally relevant and necessary to the case, or is likely to facilitate resolution of the case. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.630 History: Renumbered from 137-003-0570 by DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12 DOJ 11-2005, f. 10-31-05, cert. ef. 1-1-06 DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 7-2003, f. 7-11-03, cert. ef. 7-21-03 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0569 Discovery in Contested Case Hearing — Enforcement (1) The administrative law judge may refuse to admit evidence that was not disclosed in response to a discovery order or discovery request, unless the party or agency that failed to provide discovery offers a satisfactory reason for having failed to do so, or unless excluding the evidence would violate the duty to conduct a full and fair inquiry under ORS 183.417(8). If the administrative law judge admits evidence that was not disclosed as ordered or requested, the administrative law judge must, upon request, grant a continuance to allow an opportunity for the agency or other party to respond to the undisclosed evidence. The requirement to grant continuances shall not apply in implied consent proceedings conducted pursuant to ORS chapter 813. (2) Failure to respond to a request for admissions required by a discovery order shall be deemed an admission of matters that are the subject of the request for admissions, unless the party or agency failing to respond offers a satisfactory reason for having failed to do so, or unless excluding additional evidence on the subject of the request for admissions would violate the duty to conduct a full and fair inquiry under ORS 183.417(8). If the administrative law judge does not treat failure to respond to the request for admissions as admissions, the administrative law judge may grant a continuance to enable the parties and the agency to develop the record as needed. (3) Nothing in OAR chapter 137, division 3, shall be construed to require the agency or any party to provide information that is confidential or privileged under state or federal law, except that upon request the agency or any party must disclose all documents that the agency or party intends to introduce at the hearing. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & 183.630 History: Renumbered from 137-003-0570 by DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12 DOJ 11-2005, f. 10-31-05, cert. ef. 1-1-06 DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 7-2003, f. 7-11-03, cert. ef. 7-21-03 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0572 Depositions in Contested Cases (1) Depositions may not be taken in contested cases without agency authorization. (2) A party or an attorney representing the agency may petition the agency for an order to take a deposition of a witness. A copy of the petition shall be sent to all other parties and the administrative law judge. The petition shall include the name and address of the witness, explain why the witness's testimony is material to the proceedings and explain why no other means of obtaining the witness's testimony for the hearing is adequate. As used in this rule, materiality means the testimony sought tends to make the existence of any fact that is of consequence to the determination of the issues more or less probable. (3) The agency shall consider the petition and issue a written order either granting or denying the deposition. If the agency grants the deposition, the deposition shall be taken on such terms as the agency may order including, but not limited to, location, manner of recording, time of day, persons permitted to be present and duration. (4) Examination and cross-examination of deponents may proceed as permitted at hearing. (5) The testimony of the deponent shall be recorded. (6) All objections made at the time of the examination shall be noted on the record. (7) At any time during the taking of a deposition, upon motion and a showing by a party, the agency or a deponent that the deposition is being conducted or hindered in bad faith or in a manner not consistent with these rules or in such manner as unreasonably to annoy, embarrass or oppress the deponent, the agency or any party, the agency may order the examination to cease or may limit the scope or manner of the taking of the deposition. The taking of the deposition shall be suspended for the time necessary to make a motion under this subsection. (8) Documents and things produced for inspection during the examination of the witness shall, upon the request of a party or the agency, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party or the agency. (9) Deposition of a non-party may be compelled by a subpoena issued by the agency. The agency or the party requesting the deposition may apply to circuit court to compel obedience to a subpoena issued to compel a deposition. (10) Unless otherwise prohibited by law, the agency may delegate to the administrative law judge its authority to authorize or limit depositions. Unless expressly required by law or expressly stated in the delegation by the agency, an administrative law judge may not require the agency to pay for any deposition taken by a party. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.425 & OL 1999 & Ch. 849 History: DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 7-2003, f. 7-11-03, cert. ef. 7-21-03
137-003-0585 Subpoenas (1) Subpoenas for the attendance of witnesses or the production of documents at the hearing may be issued as follows: (a) By an agency on its own motion or by an Assistant Attorney General on behalf of the agency; (b) By the agency or administrative law judge upon the request of a party to a contested case upon a showing of general relevance and reasonable scope of the evidence sought; and (c) By an attorney representing a party on behalf of that party. (2) A motion to quash a subpoena must be presented in writing to the administrative law judge, with service on the agency and any other party in the manner required by OAR 137-003-0520. (a) The agency and any party may respond to the motion to quash within seven calendar days of receiving the motion. Any response must be in writing and served on the agency and any other party in the manner required by OAR 137-003-0520. (b) The administrative law judge shall rule on the motion to quash within 14 calendar days of receiving the motion. (3) If a person fails to comply with a properly issued subpoena, the agency, administrative law judge or party may apply to any circuit court judge to compel obedience with the requirements of the subpoena. (4) The administrative law judge may establish longer or shorter periods than those under section (2) of this rule for the filing of motions and responses. (5) The agency shall be responsible for paying any mileage or fees required by ORS 44.415 for witnesses subpoenaed to a hearing under subsection (1)(a) of this rule. The party shall be responsible for paying any mileage or fees required by 44.415 for witnesses subpoenaed to a hearing under subsections (1)(b) or (c) of this rule. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 44.415, 183.341, 183.440, 183.445 & 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
137-003-0595 Public Attendance; Exclusion of Witnesses; Removal of Disruptive Individuals (1) Unless otherwise required by law, contested case hearings are open to the public unless the agency by rule or in writing determines that the hearing will be closed to non-participants in the hearing. (2) The administrative law judge may exclude witnesses from the hearing, except for a party, a party's authorized representative, expert witnesses, the agency representative, one agency officer or employee and any persons authorized by statute to attend. (3) An administrative law judge may expel any person from the contested case hearing if that person engages in conduct that disrupts the hearing. (4) Any party, party's representative, agency or agency's representative, having knowledge or reasonable belief that any person participating in the hearing may present a danger or may be a threat to anyone involved in the hearing, should immediately notify the Office of Administrative Hearings or the assigned administrative law judge, if any, the agency and the parties or their representatives, if appropriate, of the potential danger. (5) An administrative law judge, the Office of Administrative Hearings, or the agency may take any other measures reasonably required to ensure the safety and security of the participants in the hearing. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & OL 1999 & Ch. 849 History: DOJ 9-2007, f. 10-15-07 cert. ef. 1-1-08 DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 7-2003, f. 7-11-03, cert. ef. 7-21-03 DOJ 2-2000, f. & cert. ef. 3-27-00 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00