justicedao/ipfs_state_laws huggingface dataset:
137-003-0045 Telephone Hearings (1) Unless precluded by law, the agency may, in its discretion, hold a hearing or portion of a hearing by telephone. Nothing in this rule precludes an agency from allowing some parties or witnesses to attend by telephone while others attend in person. (2) The agency may direct that a hearing be held by telephone upon request or on its own motion. (3) The agency shall make an audio or stenographic record of any telephone hearing. (4) If a hearing is to be held by telephone, each party and the agency shall provide, before commencement of the hearing, to all other parties and to the agency and hearing officer copies of the exhibits it intends to offer into evidence at the hearing. If a witness is to testify by telephone, the party or agency that intends to call the witness shall provide, before commencement of the hearing, to the witness, to the other parties and to the agency and hearing officer a copy of each document about which the witness will be questioned. (5) Nothing in this rule precludes any party or the agency from seeking to introduce documentary evidence in addition to evidence described in section (4) during the telephone hearing and the presiding officer 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. (6) The agency may delegate to the presiding officer the discretion to rule on issues raised under this rule. (7) As used in this rule, “telephone” means any two-way electronic communication device, including video conferencing. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1) 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 6-1993, f. 11-1-93, cert. ef. 11-4-93
137-003-0050 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, and privileges afforded by Oregon law shall be recognized by the presiding officer. (3) All offered evidence, not objected to, will be received by the presiding officer subject to the officer’s power to exclude irrelevant, immaterial, or unduly repetitious matter. (4) Evidence objected to may be received by the presiding officer. Rulings on its admissibility, if not made at the hearing, shall be made on the record at or before the time a final order is issued. (5) The presiding officer shall accept an offer of proof made for excluded evidence. The offer of proof shall contain sufficient detail to allow the reviewing agency or court to determine whether the evidence was properly excluded. The presiding officer 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 presiding officer 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. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1), 183.415 & 183.450 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 7-1991, f. & cert. ef. 11-4-91 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89 JD1-1988, f. & cert. ef. 3-3-88 JD 2-1986, f. & cert. ef. 1-27-86 1AG 1-1981, f. & cert. ef. 11-17-81 1AG 4-1979, f. & cert. ef. 12-3-79 1AG 17-1977, f. & cert. ef. 11-25-77 1AG 14-1975, f. & cert. ef. 10-22-75
137-003-0055 Ex Parte Communications (1) An ex parte communication is an oral or written communication to an agency decision maker or the presiding officer not made in the presence of all parties to the hearing, concerning a fact in issue in the proceeding, but does not include communication from agency staff or counsel about facts in the record. (2) If an agency decision maker or presiding officer receives an ex parte communication during the pendency of the proceeding, the officer shall: (a) Give all parties notice of the substance of the communication, if oral, or a copy of the communication, if written; and (b) Provide any party who did not present the ex parte communication an opportunity to rebut the substance of the ex parte communication at the hearing, at a separate hearing for the limited purpose of receiving evidence relating to the ex parte communication, or in writing. (3) The agency’s record of a contested case proceeding shall include: (a) The ex parte communication, if in writing; (b) A statement of the substance of the ex parte communication, if oral; (c) The agency or presiding officer’s notice to the parties of the ex parte communication; and (d) Rebuttal evidence. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 173.341(1), 183.415(9) & 183.462 History: JD 1-1988, f. & cert. ef. 3-3-88 JD 2-1986, f. & ef. 1-27-86
137-003-0060 Proposed Orders in Contested Cases, Filing Exceptions (1) If a majority of the officials who are to render the final order in a contested case have neither attended the hearing nor reviewed and considered the record, and the order is adverse to a party, a proposed order including findings of fact and conclusions of law shall be served upon the parties. (2) When the agency serves a proposed order on the parties, the agency shall at the same time or at a later date notify the parties: (a) When written exceptions must be filed to be considered by the agency; and (b) When and in what form argument may be made to the officials who will render the final order. (3) After receiving exceptions and argument, if any, the agency may adopt the proposed order or prepare a new order. (4) Nothing in this rule prohibits the staff of a non-party agency from commenting on the proposed order. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1), 183.460 & 183.464 History: JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 7-1991, f. & cert. ef. 11-4-91 JD 2-1986, f. & ef. 1-27-86 JD 6-1983, f. 9-23-83, ef. 9-26-83 1AG 1-1981, f. & ef. 11-17-81 1AG 4-1979, f. & ef. 12-3-79 1AG 17, f. & ef. 11-25-75 1AG 14, f. & ef. 10-22-75
137-003-0070 Final Orders in Contested Cases (1) Final orders in contested cases shall be in writing. (2) Except as provided in section (3) of this rule, final orders in contested cases shall include the following: (a) Rulings on admissibility of offered evidence when the rulings are not set forth in the record; (b) Findings of fact — those matters that are either agreed as fact or that, when disputed, are determined by the factfinder, on substantial evidence, to be facts over contentions to the contrary. A finding must be made on each fact necessary to reach the conclusions of law on which the order is based; (c) Conclusion(s) of law — applications of the controlling law to the facts found and the legal results arising therefrom; (d) Order — the action taken by the agency as a result of the facts found and the legal conclusions arising therefrom; and (e) A citation of the statutes under which the order may be appealed. (3) When informal disposition of a contested case is made by stipulation, agreed settlement or consent order as provided in OAR 137-003-0002(3), the final order need not comply with section (2) of this rule. However, the order must state the agency action and: (a) Incorporate by reference the stipulation or agreed settlement signed by the party or parties agreeing to that action; or (b) Be signed by the party or parties and (c) A copy must be delivered or mailed to each party and the attorney of record for each party that is represented. (4) The date of service of the order on the parties shall be specified in writing and be part of or be attached to the order on file with the agency, unless service of the final order is not required by statute. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1), 183.415, 183.470 & 2007 HB 2423 History: DOJ 9-2007, f. 10-15-07 cert. ef. 1-1-08 JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 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 1-1981, f. & ef. 11-17-81 1AG 4-1979, f. & ef. 12-3-79 1AG 14, f. & ef. 10-22-75
137-003-0075 Final Orders by Default (1) The agency may issue a final order by default: (a) When the agency gave a party an opportunity to request a hearing and the party failed to request a hearing within the time allowed to make a request; (b) When the party that requested a hearing withdraws the request; (c) Except as provided in section (2) of this rule, when the agency notified the party of the time and place of the hearing and the party fails to appear at the hearing; or (d) When the agency notified the party of the time and place of the hearing in a matter in which only one party is before the agency and that party subsequently notifies the agency that the party will not appear at the hearing, unless the agency agreed to reschedule the hearing. (2) If the party failed to appear at the hearing and, before issuing a final order by default, the agency finds that the failure of the party to appear was caused by circumstances beyond the party's reasonable control, the agency may not issue a final order by default under section (1)(c) of this rule but shall schedule a new hearing. (3) The agency may issue a final order that is adverse to a party by default only after making a prima facie case on the record. The agency must find that the record, including all materials submitted by the party, contains evidence that persuades the agency of the existence of facts necessary to support the order. If the record on default consists solely of an application and other materials submitted by the party, the order shall so note. The record shall be made at a scheduled hearing on the matter or, if the hearing is canceled or not held, at an agency meeting or at the time the final order by default is issued, unless the agency designates the agency file as the record at the time the contested case notice is issued in accordance with OAR 137-003-0001(1). The record includes all materials submitted by the party. (4) The record may consist of transcribed, recorded or reported oral testimony or written evidence or both oral testimony and written evidence. (5) The agency shall notify a defaulting party of the entry of a final order by default by delivering or mailing a copy of the order. If the contested case notice contained an order that was to become effective unless a party requested a hearing, and designated the agency file as the record for purposes of default, that order becomes a final order by default if no hearing is requested, and no further order need be served upon any party. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1), 183.415(6), 183.470 & 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 9-2001, f. & cert. ef. 10-3-01 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 6-1993, f. 11-1-93, cert. ef. 11-4-93 JD 7-1991, f. & cert. ef. 11-4-91 JD 2-1986, f. & ef. 1-27-86
137-003-0080 Reconsideration and Rehearing — Contested Cases (1) A party may file a petition for reconsideration or rehearing of a final order in a contested case with the agency within 60 calendar days after the order is served. A copy of the petition shall also be delivered or mailed to all parties or other persons and agencies required by statute, rule, or order to receive notice of the proceeding. (2) The petition shall set forth the specific grounds for reconsideration or rehearing. The petition may be supported by a written argument. (3) A rehearing may be limited by the agency to specific matters. (4) The petition may include a request for stay of a final order if the petition complies with the requirements of OAR 137-003-0090(2). (5) The agency may consider a petition for reconsideration or rehearing as a request for either or both. The petition may be granted or denied by summary order and, if no action is taken, shall be deemed denied as provided in ORS 183.482. (6) Within 60 calendar days after the order is served, the agency may, on its own initiative, reconsider the final order or rehear the case. If a petition for judicial review has been filed, the agency must follow the procedures set forth in ORS 183.482(6) before taking further action on the order. The procedural and substantive effect of reconsideration or rehearing under this section shall be identical to the effect of granting a party’s petition for reconsideration or rehearing. (7) Reconsideration or rehearing shall not be granted after the filing of a petition for judicial review, except in the manner provided by ORS 183.482(6). (8) A final order remains in effect during reconsideration or rehearing until stayed or changed. (9) Following reconsideration or rehearing, the agency shall enter a new order, which may be an order affirming the existing order. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1), 183.482(1) & (3) History: DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 7-1991, f. & cert. ef. 11-4-91 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 17, f. & ef. 11-25-77 1AG 14, f. & ef. 10-22-75
137-003-0091 Intervention in Stay Proceeding (1) Any party identified under OAR 137-003-0090(2)(d) desiring to participate as a party in the stay proceeding may file a response to the request for stay. (2) The response shall contain: (a) The full title of the agency decision as it appears on the order; (b) The name, address, and telephone number of the person filing the response, except that if the person is represented by an attorney, then the name, address, and telephone number of the attorney shall be included and the person’s address and telephone number may be deleted; (c) A statement accepting or denying each of the statements of facts and reasons provided pursuant to OAR 137-003-0090(2)(f) in the petitioner’s stay request; (d) A statement accepting, rejecting, or proposing alternatives to the petitioner’s statement on the bond, irrevocable letter of credit or undertaking amount or other reasonable conditions that should be imposed on petitioner should the stay request be granted. (3) The response may contain affidavits containing additional evidence upon which the party relies in support of the statement required under subsections (2)(c) and (d) of this rule. (4) The response must be delivered or mailed to the agency and to all parties identified in the stay request within ten days of the date of delivery or mailing to the agency of the stay request. Statutory/Other Authority: ORS 183.341 & 183.390 Statutes/Other Implemented: ORS 183.341(1) & 183.482(3) History: JD 7-1991, f. & cert. ef. 11-4-91 JD 2-1986, f. & ef. 1-27-86 JD 6-1983, f. 9-23-83, ef. 9-26-83
137-003-0092 Stay Proceeding and Order (1) The agency may conduct such further proceedings pertaining to the stay request as it deems desirable, including taking further evidence on the matter. Agency staff may present additional evidence in response to the stay request. The agency shall commence such proceedings promptly after receiving the stay request. (2) The agency shall issue an order granting or denying the stay request within 30 calendar days after receiving it. The agency’s order shall: (a) Grant the stay request upon findings of irreparable injury to the petitioner and a colorable claim of error in the agency order and may impose reasonable conditions, including but not limited to, a bond, irrevocable letter of credit or other undertaking and that the petitioner file all documents necessary to bring the matter to issue before the Court of Appeals within a specified reasonable period of time; or (b) Deny the stay request upon a finding that the petitioner failed to show irreparable injury or a colorable claim of error in the agency order; or (c) Deny the stay request upon a finding that a specified substantial public harm would result from granting the stay, notwithstanding the petitioner’s showing of irreparable injury and a colorable claim of error in the agency order; or (d) Grant or deny the stay request as otherwise required by law. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341(1) & 183.482(3) 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 JD 6-1983, f. 9-23-83, ef. 9-26-83
137-003-0501 Rules for Office of Administrative Hearings (1) OAR 137-003-0501 to 137-003-0700 apply to the conduct of all contested case hearings conducted for an agency by an administrative law judge assigned from the Office of Administrative Hearings unless: (a) The case is not subject to the procedural requirements for contested cases; or (b) The Attorney General, after consultation with the Chief Administrative Law Judge, has exempted the agency or a category of the agency's cases, by order, from the application of these rules in whole or in part. (2) Any procedural rules adopted by the agency related to the conduct of hearings shall not apply to contested case hearings conducted for the agency by an administrative law judge assigned from the Office of Administrative Hearings unless required by state or federal law or specifically authorized by these rules or by order of the Attorney General. (3) An agency may have rules specifying the time for requesting a contested case hearing, the permissible scope of the hearing and timelines for issuance of a proposed or final order. A request for hearing will be deemed to be a general denial of the matters alleged in the notice, unless a more specific response is required by statute or by agency rule. An agency rule establishing a different requirement for the response must be based on the agency’s determination that, due to the complexity of the program or category of cases, a more specific response is warranted. Such rules should also provide parties the opportunity to amend their responses except when doing so would be unduly prejudicial. The amendments to this subsection apply to all hearing requests filed after January 31, 2012. (4) Agencies with authority to assess the costs of an action or proceeding against a party may have rules specifying procedures related to assessment of costs. (5) The agency's substantive rules, including those allocating the burden of proof, shall apply to all of its hearings. (6) If permitted by law, the agency may delegate to an administrative law judge any of the agency's functions under these rules, including the authority to issue a final order. This delegation must be in writing and may be for a category of cases or on a case-by-case basis. (7) For purposes of OAR 137-003-0501 to 137-003-0700, "good cause" exists when an action, delay, or failure to act arises from an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of a party or agency relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of a party or agency participating in the proceeding. (8) OAR 471-060-0005, Request for Change of Administrative Law Judge, applies to contested cases conducted by the Office of Administrative Hearings. 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 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0510 Rights of Parties in Contested Cases (1) The agency may request the administrative law judge to provide to each party written notice of any or all of the information required to be given under ORS 183.413(2) before the commencement of the hearing. The administrative law judge shall provide any such written notice personally or by mail. (2) Unless otherwise precluded by law, the party and the agency, if participating in the contested case hearing, 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. (4) 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 or administrative law judge 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 Statutes/Other Implemented: ORS 183.341, 183.413, 183.415, 183.630 & 183.675 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 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0515 Agency Referral to Office of Administrative Hearings (1) When referring a contested case to the Office of Administrative Hearings, the agency shall provide written notice of the referral to the Office of Administrative Hearings that includes the name of the agency and the name and address of each party and its counsel. The notice may also include the agency case number, the name and address of the agency staff person or the assigned assistant attorney general, if any, upon whom pleadings and other papers should be served, and any other information requested by the Office of Administrative Hearings. (2) The agency referral notice must be accompanied by a copy of the agency's contested case notice in the case, a copy of any request for hearing and copies of motions or petitions filed with the agency and orders issued by the agency in the contested case. (3) The agency shall provide a copy of the referral notice to each party or their counsel, if any. The agency may include additional copies of documents already sent to or received from the parties or their counsel with the copy of the referral notice. (4) After a case has been referred by the agency to the Office of Administrative Hearings, the agency may withdraw the case from the Office of Administrative Hearings if the agency notifies the parties in writing that: (a) The agency is withdrawing its contested case notice; (b) All of the issues in the case have been resolved without the need to hold a hearing; or (c) The agency has determined that it is not appropriate for the case to proceed to a hearing at that time and the reason therefor. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 & OL 1999 & Ch. 849 History: 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 9-2001, f. & cert. ef. 10-3-01 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00