115-010-0070 Conduct of Hearings (1)(a) The Board or Board Agent will open the hearing with a brief introduction of parties and issues. (b) Parties shall enter appearances at the beginning of the hearing. (c) Parties may make opening statements. (d) Parties may present evidence in support of their respective positions. Parties shall be allowed to cross-examine witnesses and object to offered evidence. (e) A party may make oral or written closing argument. (2) Conference During Hearing. In any proceeding, the Board or Board Agent may call a conference. The results of such conference shall be stated on the record. (3) Stipulation. A stipulation is an agreement. The parties in any proceeding or investigation may agree on any fact. Stipulations must be approved by the Board or Board Agent and will be included in the record of the proceeding or investigation. A stipulation will be binding on the parties. Stipulations may be regarded and used as evidence at hearing. (4) Continuances. The Board or Board Agent may continue a hearing. The date of a continued hearing may be fixed at the time of the initial hearing or by later written notice to the parties. (5) Burden of Proof: (a) Representation, clarification and unit redesignation hearings are investigatory and there is no burden of proof on any party. Nevertheless, in disputes concerning whether employees are "public employees," there must be sufficient evidence establishing that a statutory exclusion applies. The Board or Board Agent shall determine the order of presentation of evidence and may examine witnesses, require the production of documents and call witnesses not called by the parties. (b) Unfair labor practice complaint hearings are adversarial. The complainant has the burden of proof and the burden of going forward with the evidence. The respondent has the burden of proving affirmative defenses, if any. (c) In a hearing on an appeal from a disciplinary action under ORS 240.555 or ORS 240.570(3), the respondent shall have the burden of proof and the burden of going forward with the evidence. The appellant shall have the burden of proving affirmative defenses. In all other ORS ch 240 cases, the appellant shall have the burden of proof and the burden of going forward with the evidence, and the respondent shall have the burden of proving affirmative defenses. (6) Exhibits: (a) A party intending to offer exhibits shall, where practicable, have them marked for identification and presented to any opposing party and the Board or Board Agent in a prehearing conference with the Board or Board Agent before the opening of any hearing. (b) A party offering an exhibit shall provide two copies to the Board or Board Agent and a copy to any opposing party before seeking its admission into evidence. A failure to comply with this subparagraph shall result in the exhibit not being admitted, unless good cause is shown. (c) A party seeking to offer an object other than a document shall provide a photograph of that object, which will be received in lieu of the object. A copy of the photograph must be provided to any other party. (d) A party relying on voluminous or bulky documents shall provide the Board or Board Agent and any other party with written excerpts of matters therein that are being relied on. (e) A party wishing to submit a transcript of an audio recording as an exhibit must also submit a notarized statement from the transcriptionist that the document is a verbatim transcript of the audio recording. A copy of the audio recording and transcript must be provided to the opposing party no less than 14 days before the first day of hearing. (7) If a party chooses to have a certified transcript of the hearing prepared, the Board will be provided, at no charge, with a certified copy of such transcript. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 2-1998, f. & cert. ef. 1-26-98 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 1-1988, f. & cert. 4-25-88 ERB 4-1985, f. 10-29-85, ef. 10-31-85 ERB 4-1980, f. 8-15-80, ef. 8-18-80 ERB 1-1980, f. & ef. 1-9-80