justicedao/ipfs_state_laws huggingface dataset:
839-050-0310 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 contested case proceeding, concerning a fact in issue in the proceeding, but does not include communication from agency staff or counsel about facts already in the record. (2) The Administrative Law Judge will place on the record a statement of the substance of any ex parte communication on a fact in issue made to the Administrative Law Judge while the proceeding is pending. Participants will be given notice of such ex parte communication and of their right to rebut the substance of the ex parte communication on the record. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 16-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0101 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0320 Official Notice The Administrative Law Judge, commissioner, or decision maker delegated by the commissioner may take notice of judicially cognizable facts and of general, technical, or scientific facts within the specialized knowledge of the Administrative Law Judge, commissioner, or decision maker delegated by the commissioner. Participants will be notified at any time during the proceeding of material officially noticed, and they will be afforded the opportunity to contest the fact so noticed. The notice required by this section may be given to the participants during the hearing, prior to the issuance of the Proposed Order, or in the Proposed Order in the matter. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 4-2002, f. 2-14-02, cert. ef. 2-15-02 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0130 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0350 Record of Proceeding (1) A verbatim, written and/or mechanical record of the proceeding will be made that includes: (a) All pleadings, motions, legal memoranda, correspondence, and rulings made by the Administrative Law Judge; (b) The case summary submitted by any participant; (c) Evidence received or considered; (d) Stipulations approved by the Administrative Law Judge; (e) A statement of matters officially noticed; (f) Questions asked, offers of proof and objections and rulings made during the hearing; (g) A statement of any ex parte communications on a fact at issue made to the Administrative Law Judge; (h) The Proposed Order by the Administrative Law Judge; (i) Exceptions filed by any participant; (j) Nonconfidential advice from counsel to the Agency; (k) Policy statements submitted by the Agency; and (l) The commissioner's Final Order. (2) The record in the case does not close until the Forum has received all documents, statements, and advice requested. The Administrative Law Judge will determine the date upon which the record closed. (3) The written or mechanical record ordinarily will not be transcribed unless requested for purposes of court review. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0150 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0360 Post-Hearing Briefs (1) The Administrative Law Judge may request a post-hearing brief from a participant. The Administrative Law Judge will state the specific issues to be briefed and the deadline for filing the brief. (2) If a party's brief contains legal argument as defined in OAR 839-050-0110(4), the party must file its brief through counsel, except if the party is an individual who is not required under 839-050-0110(1) to be represented by counsel and personally files the brief. The Agency may respond to the Administrative Law Judge's request by filing a legal brief from the Attorney General or an Agency statement of policy. (3) Nothing in this rule limits the Administrative Law Judge's authority to request a statement of policy from the Agency. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 6-2005, f. 2-8-05, cert. ef. 2-11-05 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0155 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0370 Proposed Orders (1) The Administrative Law Judge will prepare and serve upon the commissioner and all participants a Proposed Order including the following: (a) Rulings, motions, or objections, including those rulings previously reserved; (b) Findings of fact, including those matters at issue that are either agreed to as fact at the hearing or by stipulation, or that, when disputed, are determined by the Administrative Law Judge to be a fact over contentions to the contrary, and will include: (A) A concise statement of facts supporting the findings as to each contested issue of fact; (B) Ultimate facts required to support the Agency's order; and (C) Credibility findings when credibility is of importance in the decision of the case, including the evidence relied on to reach this finding and the relevance of that evidence. (c) Conclusions of law; (d) An opinion explaining the rationale for the findings of fact and conclusions of law; and (e) An order setting forth the Administrative Law Judge's suggested determination, when the proposed decision is adverse to the party, of the amount owed by the party and any other relief within the authority of the commissioner. (2) Proposed Orders will include a statement that written exceptions, if any, must be filed by participants within ten days of the date of issuance of the Proposed Order. (3) Unless it is not practicable to do so, a proposed order in a case involving alleged violations of ORS 659A.145 or 659A.421, or federal housing law, will be issued within 60 days of the date of the closure of the hearing record. If the issuance of the proposed order will be delayed, written notice will be given to the participants by the Administrative Law Judge as to the general reasons for the delay. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 12-2010, f. 3-1-10, cert. ef. 3-3-10 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0160 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 12-1986, f. 10-29-86, ef. 10-30-86 BL 8-1986, f. & ef. 9-2-86
839-050-0380 Exceptions to Proposed Order (1) Any participant may file exceptions to the Proposed Order. Exceptions must be specific and must be in writing. No oral argument is allowed on exceptions unless requested by the Administrative Law Judge. Any new facts presented or issues raised in exceptions will not be considered by the commissioner in the Final Order. (2) Exceptions filed by the Agency may include factual summaries, statements of policy, corrections, and prior Agency decisions, but may not include legal argument as defined in OAR 839-050-0110(4) unless the Agency is represented by counsel. (3) Exceptions filed by a party's authorized representative may include factual summaries, statements of policy, corrections, and prior Agency decisions, but may not include legal argument as defined in OAR 839-050-0110(4). A party that is a government agency, corporation, or unincorporated association, including a limited liability company, may include legal argument in its exceptions only if those exceptions are filed by counsel. (4) Participants must file any exceptions within ten days of the date of issuance of the Proposed Order. Exceptions must be filed with the Contested Case Coordinator at the address indicated in the Proposed Order. Participants may request an extension of time to file exceptions as provided in OAR 839-050-0050. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845, 659A.850, ORS 279C.860 & 279C.865 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0165 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0400 Agency Policy The Administrative Law Judge may, at any time during a contested case proceeding and before the issuance of a Final Order, request that the Agency submit a written statement indicating the Agency's policy with regard to any statute or administrative rule at issue in the case. The Administrative Law Judge will provide a copy of such request and Agency statement to the commissioner and all parties in the case and will include the statement in the record of the proceeding. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0175 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0410 Reopening the Contested Case Record On the Administrative Law Judge's own motion or on the motion of a participant, the Administrative Law Judge will reopen the record when the Administrative Law Judge determines additional evidence is necessary to fully and fairly adjudicate the case. A participant requesting that the record be reopened to offer additional evidence must show good cause for not having provided the evidence before the record closed. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0195 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0420 Final Order (1) Except as provided in OAR 839-050-0220, 839-050-0430, or 839-050-0440, on the basis of the record considered as a whole, the commissioner will issue a Final Order in writing that includes findings of fact, conclusions of law, and an opinion and order. The Final Order will also contain a notice that the Final Order may be appealed to the Oregon Court of Appeals. (2) The Final Order may include different findings, conclusions, or interpretations of law than the Proposed Order. (3) The Final Order may provide for a different determination of liability, alternative means of enforcement, damages, or penalties, than the Proposed Order. (4) A copy of the Final Order will be served on participants to a contested case in accordance with OAR 839-050-0030. (5) Unless otherwise provided by law, a final order remains in effect during appeal, reconsideration or rehearing until stayed or changed. (6) The commissioner may authorize and delegate the commissioner's authority to exercise and fulfill the duties of the commissioner, including issuance of Final Orders, to an officer or employee of the Agency, pursuant to ORS 651.060. A delegation of authority under this section must be made in writing before the issuance of any order pursuant to the delegation and must be retained in the Agency's records. Statutory/Other Authority: ORS chapter 183 & 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845, 659A.850 & 651.060(3) History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 4-2002, f. 2-14-02, cert. ef. 2-15-02 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0180 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0430 Final Order by Default (1) The Administrator of the Wage and Hour Division may issue a Final Order by default when: (a) A party is given an opportunity to request a hearing and file an answer within the time specified in the charging document and fails to do so; or (b) A party withdraws the party's request for hearing. (2) A Final Order by default may be issued only after a prima facie case in support of the charging document is made on the record. A prima facie case may be made from the Agency's file, if designated as the record in the charging document, provided that the charging document contained a statement advising the party that a failure to request a hearing would result in a Final Order. (3) The participants will be served with a copy of the Final Order by default in accordance with OAR 839-050-0030. (4) When a party has requested a hearing but either fails to attend the hearing or notifies the Agency that it will not attend, the Administrative Law Judge will proceed according to OAR 839-050-0330. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96
845-001-0005 Notice of Rulemaking Prior to adoption, amendment or repeal of any permanent rule, the Commission shall give notice of the intended action: (1) In the Secretary of State's bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. If a hearing is scheduled after the original notice, the subsequent notice must appear in the bulletin at least 14 days before the date of the hearing; (2) By mailing or e-mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335 (8) at least 28 days prior to the effective date. If a hearing is scheduled after the original notice, the subsequent notice must be mailed or e-mailed at least 21 days before the date of the hearing; (3) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and (4) By mailing, e-mailing, or furnishing a copy of the notice to: (a) The Associated Press; and (b) Associations or organizations having an interest in the rule matter. Statutory/Other Authority: ORS 183.341, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 183.335 & 183.341 History: OLCC 8-2009, f. 7-13-09, cert. ef. 8-1-09 OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04 OLCC 6-1994, f. & cert. ef. 11-22-94 LCC 19-1980, f. 6-4-80, ef. 6-5-80
845-001-0007 Attorney General’s Model Rules of Procedure (1) The Oregon Attorney General’s "Administrative Law Manual and Uniform and Model Rules of Procedure Under the Administrative Procedures Act", are hereby adopted by reference as permanent rules for rulemaking procedure. The Attorney General’s “Model Rules for Rulemaking” are set forth in OAR 137-001-0005 to 137-001-0100. (2) The Commission’s administrative rules for contested case proceedings, miscellaneous proceedings, and orders in other than contested cases are set forth in Division 003 of this chapter. [ED. NOTE: The full text of the Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure is available from the office of the Attorney General or the Liquor and Cannabis Commission.] Statutory/Other Authority: ORS 471.030, 471.730(1) & 471.730(5) Statutes/Other Implemented: ORS 183.341(1) History: OLCC 1-2026, amend filed 02/19/2026, effective 02/19/2026 OLCC 9-2021, minor correction filed 08/02/2021, effective 08/02/2021 OLCC 9-2014, f. 9-10-14, cert. ef. 10-1-14 OLCC 5-2012, f. 5-14-12, cert. ef. 6-1-12 OLCC 5-2008, f. 3-25-08, cert. ef. 4-1-08 OLCC 4-2007, f. 3-22-07, cert. ef. 4-1-07 OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04 OLCC 8-2001, f. 8-15-01, cert. ef. 9-1-01 OLCC 3-1999, f. 2-16-99, cert. ef. 3-1-99 OLCC 9-1995, f. 12-4-95, cert. ef. 1-1-96 OLCC 1-1994, f. & cert. ef. 5-2-94 OLCC 9-1992, f. 10-7-92, cert. ef. 12-1-92 OLCC 4-1989, f. 4-28-89, cert. ef. 7-1-89 LCC 10-1986, f. 6-4-86, ef. 7-1-86
845-001-0008 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, OAR 137-005-0052 is hereby adopted by reference as the permanent rule for mediation confidentiality. Statutory/Other Authority: ORS 36.224 Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232 History: OLCC 4-2021, amend filed 06/17/2021, effective 06/18/2021 OLCC 1-2005, f. 4-21-05, cert. ef. 5-1-05 OLCC 8-2001, f. 8-15-01, cert. ef. 9-1-01
845-002-0200 Statement of Purpose and Statutory Authority (1) Purpose. These rules control the Commission’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the Commission as an employee, volunteer, contractor or vendor in a position covered by OAR 845-002-0220. The fact that the Commission approves a subject individual as fit does not guarantee the individual a position as a Commission employee, volunteer, contractor or vendor. (2) Authority. These rules are authorized under ORS 181.534, and 471.030, 471.040, 471.695 and 471.730. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-002-0220 Subject Individual (1) “Subject Individual” means a person from whom the Commission may require fingerprints for the purpose of conducting a criminal records check because the person: (a) Is employed by or applying for employment with the Commission; or (b) Provides services or seeks to provide services to the Commission as a volunteer, contractor, or vendor; and (2) Is, or will be, working or providing services in a position: (a) In which the person works in the licensing or enforcement divisions; or (b) In which the person has access to criminal background information. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08
845-002-0240 Preliminary Fitness Determination (1) An authorized designee may conduct a preliminary fitness determination if the Commission is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) An authorized designee shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 845-002-0230(1) and a LEDS criminal records check. (3) The authorized designee shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual: (a) Has been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed or described under OAR 845-002-0270; (b) Within the last five years, has been arrested for or charged with a crime listed or described under OAR 845-002-0270; (c) Is being investigated for, or has an outstanding warrant for a crime listed or described under OAR 845-002-0270; (d) Is currently on probation, parole, or another form of post-prison supervision for a crime listed or described under OAR 845-002-0270; (e) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed or described under OAR 845-002-0270; or (f) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed or described under OAR 845-002-0270. (4) If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to the Commission, its client entities, the State, or members of the public. (5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, an authorized designee thereafter shall conduct a fitness determination under OAR 845-002-0260. (6) A subject individual may not appeal a preliminary fitness determination, under the process provided under OAR 845-002-0300 or otherwise. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08