justicedao/ipfs_state_laws huggingface dataset:
860-001-0410 Default upon Failure to Answer Complaint (1) If a party fails to answer a complaint or otherwise appear within the time periods specified in OAR 860-001-0400, then the party is deemed in default. All material allegations of the complaint are deemed admitted, and the hearing is waived. The proceedings may be disposed of without further notice to the defaulting party. (2) A defaulting party may file an application for reconsideration of a Commission order of default under OAR 860-001-0720. The Commission may grant the application for reconsideration if the moving party shows the default resulted from mistake, inadvertence, surprise, excusable neglect, or other good cause. (3) An application made under this rule must be accompanied by a pleading or motion that contains an assertion of a claim or a defense. (4) The filing of an application under this rule does not excuse the defaulted party from complying with the order and the enforcement of the order is neither stayed nor postponed except upon Commission order. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0420 Motions, Responses, and Replies (1) A motion must be made in writing unless otherwise allowed by the Commission or ALJ. (2) Before filing a procedural motion, the moving party must make a good faith effort to confer with other parties to seek agreement about the subject of the motion. A procedural motion must describe the effort to confer and the result of the effort. (3) A motion against an initiating or responsive pleading under OAR 860-001-0400 must be filed within 10 days after the pleading is filed. (4) A party may file a response to a motion. A response to a substantive motion must be filed within 15 days of filing of the motion. A response to a procedural motion must be filed within 7 days of filing of the motion. (5) The moving party may file a reply to a response to a substantive motion within 7 days of filing of the response. The moving party is not permitted to file a reply to a response to a procedural motion unless permitted by the ALJ. (6) If expedited consideration of a motion is requested, the moving party must: (a) Certify that the moving party has attempted to contact the other parties to the proceedings to discuss the motion and state whether the parties support the motion; (b) Identify the request for expedited consideration in the document caption; and (c) Include a request to shorten the time for responses and, if applicable, replies. (7) Unless granted by the ALJ, a request for an extension or other related motion does not stay a pending due date. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0430 Petition for Declaratory Ruling (1) A petition for a declaratory ruling under ORS 756.450 must contain: (a) The rule or statute that may apply to the person, property, or facts; (b) A detailed statement of the relevant or assumed facts, including sufficient facts to show petitioner's interest; (c) All propositions of law or arguments asserted by petitioner; (d) The questions presented; (e) The specific relief requested; and (f) The name and contact information, including telephone number, physical address, and electronic mail address of petitioner and of any other person known by petitioner to have legal rights, duties, or privileges that will be affected by the request. (2) Within 60 days after the petition is properly filed, the Commission must determine whether it will substantively consider the request. The Commission will make the decision at a public meeting and allow public comment on whether it should substantively consider the request. The Commission will notify the petitioner of its decision in writing. If the Commission decides to substantively consider the request for a declaratory ruling, then it will refer the matter to the Administrative Hearings Division to initiate proceedings. (3) A person may petition to intervene as a party under OAR 860-001-0300(4). (4) No testimony or other evidence may be submitted. The petition for declaratory ruling will be decided on the facts stated in the petition, except that the presiding ALJ may agree to accept a statement of alternative facts or alternative questions for the Commission’s consideration. (5) All parties will have the right to file briefs to present legal argument. Parties may request the opportunity to also present oral argument. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.450 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0450 Evidence (1) Relevant evidence: (a) Means evidence tending to make the existence of any fact at issue in the proceedings more or less probable than it would be without the evidence; (b) Is admissible if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs; and (c) May be excluded if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or undue delay. (2) A party objecting to the introduction of evidence must state the grounds for the objection at the time the evidence is offered. (3) When an objection is made to the admissibility of evidence, the Commission or ALJ may have the evidence presented and reserve ruling until a later time. (4) When a party takes exception to a ruling excluding certain evidence, the Commission or ALJ may require that the party make an offer of proof by stating what the evidence would indicate if received. Alternatively, the Commission or ALJ may permit the excluded evidence to be received like other evidence, but it must be marked and designated as evidence offered, excluded, and to which exception has been taken. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.450, 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0460 Official Notice (1) The Commission or ALJ may take official notice of the following: (a) All matters of which the courts of the State of Oregon take judicial notice; (b) Rules, regulations, administrative rulings, and reports of the Commission and other governmental agencies; (c) Permits, certificates, and licenses issued by the Commission; (d) Documents and records in the files of the Commission that have been made a part of the files in the regular course of performing the Commission’s duties; (e) General, technical, or scientific facts within the specialized knowledge of the agency; (f) The results of the Commission’s or ALJ’s inspection of property at issue in the proceedings if advance notice of the inspection was provided to the parties. (2) The Commission or the ALJ must notify the parties when official notice is taken. The notice may be given on the record during the hearing, in an ALJ ruling, or in a Commission order. A party may object to the fact noticed within 15 days of the hearing during which notice was given, the ALJ ruling, or the Commission order. The objecting party may explain or rebut the noticed fact. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.450, 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0470 Resolutions (1) Properly authenticated resolutions of governing bodies of government, business, agricultural, or civic organizations may be received in evidence if offered at the hearing by the president, secretary, or other person authorized to offer the resolution. (2) Parties may rebut the authenticity of the resolution or the circumstances surrounding its adoption. (3) Recitals of fact contained in resolutions are not proof of the facts. The Commission or ALJ may receive a resolution for the limited purpose of showing the official action of the resolving body to the extent relevant in the proceedings. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0490 Records in Other Proceedings If a party offers in evidence all or part of the record from another Commission proceeding, then the party must provide a copy of the offered record to the ALJ and copies to other parties upon request. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.450, 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0500 Discovery in Contested Case Proceedings (1) Discovery must be commensurate with the needs of the case, the resources available to the parties, and the importance of the issues to which the discovery relates. (2) Discovery that is unreasonably cumulative, duplicative, burdensome, or overly broad is not allowed. Instructions and definitions included in discovery requests must be consistent with these rules and ORS Chapters 756, 757, and 759. (3) Privileged material is not discoverable except as provided under the Oregon Rules of Evidence. (4) A party will not be required to develop information or prepare a study for another party, unless the capability to prepare the study is possessed uniquely by the party from whom discovery is sought, the discovery request is not unduly burdensome, and the information sought has a high degree of relevance to the issues in the proceedings. (5) Parties must make every effort to engage in cooperative informal discovery and to resolve disputes themselves. If a party receives a data request that is likely to lead to a discovery dispute, then that party must inform the requesting party of the dispute as soon as practicable and attempt to resolve it informally. (6) If parties are unable to resolve a dispute informally, then any of the parties involved in the dispute may request that the ALJ conduct a conference to facilitate the resolution of discovery disputes. A requesting party must identify the specific discovery sought and describe the efforts of the parties to resolve the dispute informally. (7) A party may file a motion to compel discovery. The motion must contain a certification that the parties have conferred and been unable to resolve the dispute. A party filing a motion to compel will be allowed the opportunity to file a reply to the response to the motion. (8) A party’s assertion that information responsive to a discovery request is confidential may not be used to delay the discovery process; provided, however, a party pursing protection will not be required to produce information that it claims is inadequately protected until such time as its claim for the need for a general protective order or a modified protective order is resolved. If an answering party believes that a response to a discovery request involves confidential information that is inadequately protected by the safeguards existing in the docket, the answering party must notify the requesting party of this belief as soon as practicable and, if appropriate, promptly move for an appropriate protective order. (9) A party may by motion, or the ALJ may on the ALJ’s own motion, propose that sanctions be imposed if a party fails or refuses to comply with an oral or written ruling resolving a discovery dispute. The ALJ may impose sanctions including: default; dismissal; or striking of testimony, evidence, or cross-examination. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.425, 183.450, 756.040 & 756.500 – 756.575 History: PUC 4-2012, f. & cert. ef. 4-17-12 PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0510 Subpoenas (1) A subpoena may be issued by an attorney of record for a party and subscribed by the signature of the attorney. (2) Parties not represented by an attorney may request the issuance of a subpoena by the ALJ. The request must be in writing and identify the general relevance and reasonable scope of the testimonial, documentary, or physical evidence sought. (3) Requests for subpoenas duces tecum must specify a particular document or part of a document to be produced. (4) Parties must serve subpoenas as provided in the circuit courts of the State of Oregon under the ORCP. Statutory/Other Authority: 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.543 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0520 Depositions (1) The testimony of a witness may be taken by deposition at any time before the record in a docket is closed. (2) A party proposing to take a deposition must notify all other parties in writing. Unless notice is waived, a party must provide 10 days’ notice to the parties of a deposition to be taken within the state and 15 days’ notice for a deposition to be taken out of state. The notice must state the witness’s name and address, the subject matter of the deposition, the time and place for taking the deposition, the method by which the deposition will be recorded, any materials to be produced at the deposition, and the reason for the deposition. (3) Deposition testimony must be taken under oath before a court reporter and must be transcribed or recorded. The court reporter must certify that the witness was sworn in the court reporter’s presence and that the transcript is a true record of the testimony or a correct transcription of a recording. (4) A party may examine a deponent on any matter not privileged that appears reasonably calculated to lead to the discovery of relevant evidence. (5) Unless received in evidence by the Commission or ALJ, no portion of a deposition is a part of the record in the docket. A party may object to receiving in evidence any portion of a deposition. Upon request, the deposing party must provide the Commission or ALJ a transcribed copy of the deposition. (6) The deposing party must pay the deponent and the court reporter the same fees as are paid for like services in the courts of the state where the deposition is taken. (7) A party may request that an ALJ attend a deposition to address any objections. A party may also request that an ALJ put appropriate conditions or limitations on a deposition. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.450, 756.040 & 756.538 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0530 Admissions A party may serve a request for admission on any other party under ORCP 45. Responses to each request must be served within 7 days of receipt. Requests not denied within 7 days are deemed admitted. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORCP 45, ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0540 Data Requests (1) A party may submit data requests to any other party, subject to the discovery rules in the ORCP. Data requests are written interrogatories or requests for production of documents. Data requests must be answered within 14 days from the date of service. Each data request must be answered fully and separately in writing or by production of documents, or objected to in writing. (2) A party submitting a data request must serve the request on all parties to the proceedings. For nonconfidential requests, service may be made by electronic mail or by electronic mail notification of upload to a designated shared workspace for data requests and responses. If the request contains confidential information, then the submitting party must serve a complete copy on all parties eligible to receive confidential information under the terms of a protective order and a redacted copy to all other parties. The complete confidential copy must be served using means identified in the protective order. Nonconfidential data requests and responses submitted to the Staff of the Commission must be sent to PUC.Datarequests@state.or.us. If a designated shared workspace is being used for data requests and responses, the notification of uploaded data requests and responses must be sent to PUC.Datarequests@state.or.us. (3) The party answering the data request must provide a response or an electronic mail notification of upload to a designated shared workspace to the submitting party and all other parties that filed a written request for a copy of the response. A party must agree to be bound by the applicable protective order to be eligible to receive a response containing confidential information. (4) A party may offer into evidence data requests and the answers to the data requests. Any objection to substance or form of a data request or answer must be attached to the submitted data request or answer with specific reference and grounds. Every remedy available to a party using deposition procedures is available to a party using data requests. (5) Except when requested by the Commission or ALJ, or when seeking resolution of a discovery dispute under these rules, data requests are not filed with the Filing Center or provided to the ALJ. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0550 Joint Hearings with other Entities (1) In proceedings in which the Commission participates jointly with a federal regulatory agency, the federal agency’s rules of practice and procedure govern. (2) In proceedings in which the Commission participates jointly with an administrative body of another state, the rules of procedure of the state where the hearing is held govern. Any person entitled to appear in a representative capacity before any of the agencies involved in the joint hearing may appear in the joint hearing. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0560 Public Meetings Except in cases of emergency, all Commissioners are required to participate in a decision of the Commission at a public meeting that proposes a major rate change for an electric or natural gas utility under ORS 757.205. For purposes of this rule, a major rate change is an increase of two percent or more for any customer class. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 192.610 et seq. & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0570 Notice of Contested Case Hearing The Commission or ALJ sets the time and place for contested case hearings. Notice of a hearing must be served on all parties at least 10 days before the hearing date. For good cause, the Commission may hold a hearing on less than 10 days’ notice. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.413, 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0580 Postponements and Continuances of Hearings (1) A party may request a postponement of a hearing. The party must provide the reason why postponement is necessary. The Commission or ALJ may require oral requests for postponement of a hearing to be made in writing. (2) The Commission or ALJ may postpone a hearing for good cause shown or on the Commission’s or the ALJ’s own motion. (3) The Commission or ALJ may continue a hearing to receive additional evidence or argument. Additional notice of a continued hearing involving the same issue need only be provided to parties attending the initial hearing and other parties who have requested continuing notice. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0590 Conferences (1) The ALJ may schedule conferences to facilitate the resolution of contested case and declaratory ruling proceedings. (2) The purposes of a conference may include: (a) Establishing a procedural schedule, including dates for discovery, testimony, and exhibits; (b) Identifying, simplifying, and clarifying issues; (c) Eliminating irrelevant or immaterial issues; (d) Facilitating discovery and resolving disagreements about discovery; (e) Obtaining stipulations, authenticating documents, admitting documents into evidence, adopting witness and cross-examination schedules, and deciding the order of presentation and other procedural matters; (f) Considering other matters that may expedite the orderly conduct and disposition of the proceedings; and (g) Discussing settlement or other resolution or partial resolution of the proceedings. (3) The record must reflect the results of the conference, and the decisions made at the conference are binding on all parties. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0600 Consolidation of Proceedings Proceedings may be consolidated for hearing at the discretion of the Commission or ALJ. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0610 Failure to Appear (1) If a party fails to appear at a conference or hearing, then that party waives its right to participate in the conference or hearing. (2) Unless allowed by the Commission or ALJ, the party that failed to appear may not reopen any matter decided at the conference or hearing, or recall for further examination witnesses available at the hearing and excused. (3) Upon motion by any party or upon the Commission’s own motion, the Commission may enter an order dismissing a party that failed to appear at a hearing from the entire proceedings. The order must be served on the party dismissed. If the Commission or ALJ finds there was good cause for the party’s failure to appear or the interests of other parties or the public would be prejudiced, then the Commission or ALJ may reinstate the party. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0650 Legal Argument Parties may request the opportunity to file briefs in any proceedings. The Commission or ALJ may require a party to file a brief, or to present oral arguments instead of or in addition to briefs. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0660 Major Proceedings (1) For purposes of ORS 756.518(2), a “major proceeding” is a proceeding that has or is expected to have a full procedural schedule with written testimony or written comments and: (a) Has a substantial impact on utility rates or service quality for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines; or (b) Has a significant impact on utility customers or the operations of a regulated utility for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines. (2) A party in a proceeding that does not meet the criteria in section (1) of this rule may petition the ALJ for major proceeding status if the case: (a) Is likely to result in a significant change in regulatory policy; or (b) Raises novel questions of fact or law. (3) When a docket is opened, a party may file a motion with the ALJ requesting that the case be classified as a major proceeding. (a) The motion must: (A) Specify how the case qualifies as a major proceeding under the criteria listed in section (1) of this rule; or (B) Argue how the case qualifies as a major proceeding under section (2) of this rule. (b) Responses to the motion are due within 7 days of filing. (4) If a case is classified as a major proceeding, the Commission must afford the parties an opportunity to present oral argument to a quorum of Commissioners before a final order is issued. A party must make a request for oral argument at the prehearing conference or as soon thereafter as possible. (5) The ALJ will determine the length of each party’s oral argument to the Commission, the right of any party to rebuttal of other parties’ oral arguments, and the order of presentation. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10