justicedao/ipfs_state_laws huggingface dataset:
137-003-0600 Conducting the Contested Case Hearing (1) The contested case hearing shall be conducted by and under the control of the administrative law judge assigned from the Office of Administrative Hearings. (2) If the administrative law judge has an actual or potential conflict of interest as defined in ORS 244.020(1) or (12), that administrative law judge shall comply with the requirements of ORS Chapter 244 (e.g., 244.120 and 244.130). (3) At the commencement of the hearing, the administrative law judge shall explain the issues involved in the hearing and the matters that the parties must either prove or disprove. (4) The hearing shall be conducted so as to include the following: (a) The statement and evidence of the proponent in support of its action; (b) The statement and evidence of opponents, interested agencies, and other parties; except that limited parties may address only subjects within the area to which they have been limited; (c) Any rebuttal evidence; and (d) Any closing arguments. (5) The administrative law judge, the agency through an agency representative or assistant attorney general, interested agencies through an assistant attorney general, and parties or their attorneys or authorized representatives shall have the right to question witnesses. However, limited parties may question only those witnesses whose testimony may relate to the area or areas of participation granted by the agency. (6) The hearing may be continued with recesses as determined by the administrative law judge. (7) The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, irrelevant or immaterial matter. (8) Exhibits shall be marked and maintained by the administrative law judge as part of the record of the proceedings. (9) If the administrative law judge receives any written or oral ex parte communication during the contested case proceeding, the administrative law judge shall notify all parties and otherwise comply with the requirements of OAR 137-003-0625. (10) The administrative law judge may request that any closing arguments be submitted in writing or orally. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.417(9) and (10), 183.450(3), 183.630 & 183.695 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 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
137-003-0605 Telephone Hearings (1) Unless precluded by law, the administrative law judge may hold a hearing or portion of a hearing by telephone and may permit a party or witness to appear at a hearing by telephone. (2) If a hearing is to be held by telephone, each party and the agency, if participating in the contested case hearing, shall provide, before the commencement of the hearing, to all other parties, to the agency and to the administrative law judge copies of the exhibits it intends to offer into evidence at the hearing. (3) 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, to the agency, if participating in the contested case hearing, and to the administrative law judge a copy of each document about which the witness will be questioned. (4) Nothing in this rule precludes any party or the agency from seeking to introduce documentary evidence in addition to evidence described in section (2) during the telephone hearing. The administrative law judge 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 must 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. (5) The administrative law judge shall make an audio or stenographic record of any telephone hearing. (6) As used in this rule, "telephone" means any two-way or multi-party electronic communication device, including video conferencing. 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 9-2001, f. & cert. ef. 10-3-01 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0610 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 administrative law judge. (3) All offered evidence, not objected to, will be received by the administrative law judge subject to the administrative law judge's power to exclude irrelevant, immaterial, or unduly repetitious matter. (4) Evidence objected to may be received by the administrative law judge. If the administrative law judge does not rule on its admissibility at the hearing, the administrative law judge shall do so either on the record before a proposed order is issued or in the proposed order. If the administrative law judge has authority to issue a final order without first issuing a proposed order, the administrative law judge may rule on the admissibility of the evidence in the final order. (5) The administrative law judge 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 administrative law judge 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 administrative law judge 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, 183.450 & 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
137-003-0625 Ex Parte Communications with Administrative Law Judge (1) For purposes of this rule, an ex parte communication is: (a) An oral or written communication; (b) By a party, a party's representative or legal adviser, any other person who has a direct or indirect interest in the outcome of the proceeding, any other person with personal knowledge of the facts relevant to the proceeding, or any officer, employee or agent of the agency; (c) That relates to a legal or factual issue in the contested case proceeding; (d) Made directly or indirectly to the administrative law judge; (e) While the contested case proceeding is pending; (f) That is made without notice and opportunity for the agency and all parties to participate in the communication. (2) If an administrative law judge receives an ex parte communication during the pendency of the contested case proceeding, the administrative law judge shall place in the record: (a) The name of each individual from whom the administrative law judge received an ex parte communication; (b) A copy of any ex parte written communication received by the administrative law judge; (c) A memorandum reflecting the substance of any ex parte oral communication made to the administrative law judge; (d) A copy of any written response made by the administrative law judge to any ex parte oral or written communication; and (e) A memorandum reflecting the substance of any oral response made by the administrative law judge to any ex parte oral or written communication. (3) The administrative law judge shall advise the agency and all parties in the proceeding that an ex parte communication has been made a part of the record. The administrative law judge shall allow the agency and parties an opportunity to respond to the ex parte communication. Any responses shall be made part of the record. (4) The provisions of this rule do not apply to: (a) Communications made to an administrative law judge by other administrative law judges; or (b) Communications made to an administrative law judge by any person employed by the Office of Administrative Hearings to assist the administrative law judge. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.630, 183.685 & Or Laws 2009 & ch 866 § 9 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
137-003-0635 Transmittal of Questions to the Agency (1) Questions regarding the following issues may be transmitted to the agency: (a) The agency's interpretation of its rules and applicable statutes; or (b) Which rules or statutes apply to a proceeding. (2) At the request of a party, the agency, or their representatives, or on the administrative law judge's own motion, the administrative law judge may transmit a question to the agency unless the agency by rule or in writing elects not to make available this process for transmittal of questions to the agency. (3) The administrative law judge shall submit any transmitted question in writing to the agency. The submission shall include a summary of the matter in which the question arises and shall be served on the agency representative and parties in the manner required by OAR 137-003-0520. (4) The agency may request additional submissions by a party or the administrative law judge in order to respond to the transmitted question. (5) Unless prohibited by statute or administrative rules governing the timing of hearings, the administrative law judge may stay the proceeding and shall not issue the proposed order or the final order, if the administrative law judge has authority to issue the final order, until the agency responds to the transmitted question. (6) The agency shall respond in writing to the transmitted question within a reasonable time. The agency’s response must be signed by a person with authority to speak on the question transmitted. (7) The agency’s response shall be made a part of the record of the contested case hearing. The agency's response may be to decline to answer the transmitted question. The agency shall provide its response to the administrative law judge and to each party. The parties may reply to the agency's response within a reasonable time. 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 12-2007, f. 10-30-07, cert. ef. 11-2-07 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 9-2001, f. & cert. ef. 10-3-01 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0640 Immediate Review by Chief Administrative Law Judge (1) Before issuance of a proposed order or before issuance of a final order if the administrative law judge has authority to issue a final order, the agency or a party may seek immediate review by the Chief Administrative Law Judge of the administrative law judge’s decision on any of the following: (a) A ruling on a motion to quash a subpoena under OAR 137-003-0585; (b) A ruling refusing to consider as evidence judicially or officially noticed facts presented by the agency under OAR 137-003-0615 that is not rebutted by a party; (c) A ruling on the admission or exclusion of evidence based on a claim of the existence or non-existence of a privilege; (2) The agency or a party may file a response to the request for immediate review. The response shall be in writing and shall be filed with the Chief Administrative Law Judge within five calendar days after receipt of the request for review with service on the administrative law judge, the agency representative, if any, and any other party. (3) The mere filing or pendency of a request for the Chief Administrative Law Judge’s immediate review, even if uncontested, does not alter or extend any time limit or deadline established by statute, rule, or order. (4) The Chief Administrative Law Judge shall rule on all requests for immediate review in writing. (5) The request and ruling shall be made part of the record of the proceeding. (6) The Chief Administrative Law Judge may designate in writing a person to exercise his or her responsibilities under this rule. (7) The agency may by rule elect to provide for immediate review by the agency instead of the Chief Administrative Law Judge. The agency may specify that the rule applies only to a category of cases or to all cases. Any rule adopted pursuant to this subsection must be adopted and in effect prior to issuance of the agency’s notice of proposed action. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, ORS 183.413, ORS 183.415 & ORS 183.630 History: DOJ 1-2016, f. 1-28-16, cert. ef. 2-1-16 DOJ 6-2014, f. & cert. ef. 4-1-14 DOJ 4-2014(Temp), f. 1-31-14, cert. ef. 2-1-14 thru 7-31-14 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
137-003-0650 Exceptions to Proposed Order (1) If the recommended action in the proposed order is adverse to any party or the agency, the party or agency may file exceptions and present argument to the agency or, if authorized to issue a final order, to the administrative law judge. (2) The agency shall by rule or in writing describe: (a) Where and 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 official(s) who will render the final order. (3) The agency may request the administrative law judge to review any written exceptions received by the agency and request the administrative law judge either to provide a written response to the exceptions to be made a part of the record or to revise the proposed order as the administrative law judge considers appropriate to address any exceptions. The administrative law judge shall not consider new or additional evidence unless, pursuant to OAR 137-003-0655(2), the agency requests the administrative law judge to conduct further hearing. The administrative law judge's response must be in writing, either in the form of a response to the exceptions or a revised proposed order, and sent to all parties and the agency. (4) Agency staff may comment to the agency or the administrative law judge on the proposed order, and the agency or the administrative law judge may consider such comments, subject to OAR 137-003-0625 and 137-003-0660. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.460, 183.464 & 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 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0660 Ex Parte Communications to Agency during Review of Contested Case (1) For purposes of this rule, an ex parte communication is an oral or written communication to an agency decision maker during its review of the contested case 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 legal issues or about facts in the record. (2) If an agency decision maker receives an ex parte communication during its review of a contested case, the decision maker 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. (3) The agency shall include in the record of the contested case proceeding: (a) The ex parte communication, if in writing; (b) A statement of the substance of the ex parte communication, if oral; (c) The agency's notice to the parties of the ex parte communication; and (d) Rebuttal evidence, if any. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.462 & 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
137-003-0665 Final Orders in Contested Cases (1) Final orders in contested cases shall be in writing. (2) Except as provided in section (5) of this rule, all final orders in contested cases shall include the following: (a) Each of the elements identified in OAR 137-003-0645(3)(a)–(h), (b) An Order stating the action taken by the agency as a result of the facts found and the legal conclusions arising there from; and (c) A citation of the statutes under which the order may be appealed. (3) If the agency modifies the proposed order issued by the administrative law judge in any substantial manner, the agency must identify the modification and explain to the parties why the agency made the modification. For purposes of this provision, an agency modifies a proposed order in a "substantial manner" when the effect of the modification is to change the outcome or the basis for the order or to change a finding of fact. (4) The agency may modify a finding of historical fact made by the administrative law judge only if the agency determines that there is clear and convincing evidence in the record that the finding made by the administrative law judge was wrong. For purposes of this provision, an administrative law judge makes a finding of historical fact if the administrative law judge determines that an event did or did not occur in the past or that a circumstance or status did or did not exist either before the hearing or at the time of the hearing. (5) When informal disposition of a contested case is made by stipulation, agreed settlement or consent order as provided in OAR 137-003-0510(4), 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 a 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. (6) The final order shall be served on each party and, if the party is represented, on the party's attorney. (7) The date of service of the final order on the parties or, if a party is represented, on the party's attorney 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, 183.417(3), 183.470, 183.630, 183.650(3) & Or Laws 2009, ch 866 & § 7 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
137-003-0672 Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing (1) This rule applies when the agency has issued a contested case notice containing an order that was to become effective unless a party requested a hearing, has designated the agency file, including all materials submitted by a party, as the record, and the record constitutes a prima facie case. (2) When the agency gives a party an opportunity to request a hearing and the party fails to request a hearing within the time allowed to make the request, the agency order is final and no further order need be served upon the party. The party may make a late hearing request as provided in OAR 137-003-0528. (3) After a party requests a hearing, the agency or the administrative law judge will dismiss the request for hearing, and the agency order is final as if the party never requested a hearing if: (a) The party that requested a hearing withdraws the request; (b) The agency or administrative law judge notifies the party of the time and place of the hearing and the party fails to appear at the hearing; or (c) In a matter in which only one party is before the agency, the agency or administrative law judge notifies the party of the time and place of the hearing, and the party notifies the agency or administrative law judge that the party will not appear at the hearing, unless the agency or administrative law judge agrees to reschedule the hearing. (4) If the party fails to appear at the hearing and, before dismissing the request for hearing, the administrative law judge finds that the party had good cause for failing to appear, the administrative law judge may not dismiss the request for hearing under section (3)(b) of this rule. In this case, the administrative law judge shall schedule a new hearing. If the reasons for the party’s failure to appear are in dispute, the administrative law judge shall schedule a hearing on the reasons for the party’s failure to appear. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.417(4) 183.470 & 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 11-2005, f. 10-31-05, cert. ef. 1-1-06
137-003-0675 Reconsideration and Rehearing — Contested Cases (1) Unless otherwise provided by statute, 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 agency may, by rule, require a party to file a petition for reconsideration or rehearing as a condition of judicial review. The agency may, by rule or in writing, require any petition for reconsideration or rehearing to be filed with the administrative law judge. (3) The petition shall set forth the specific grounds for reconsideration or rehearing. The petition may be supported by a written argument. (4) The petition may include a request for stay of a final order if the petition complies with the requirements of OAR 137-003-0690(3). (5) 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. (6) 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. (a) If the agency determines that reconsideration alone is appropriate, the agency shall enter a new final order in accordance with OAR 137-003-0665, which may be an order affirming the existing order. (b) If the agency determines that rehearing is appropriate, the agency shall decide upon the scope of the rehearing. The agency shall request the administrative law judge to conduct further hearing on such issues as the agency specifies and to prepare a proposed order as appropriate. The agency shall issue a new final order in accordance with OAR 137-003-0665. The agency may adopt the proposed order prepared by the administrative law judge as the final order, or modify the proposed order and issue the modified order as the final order. (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) Unless otherwise provided by law, a final order remains in effect during reconsideration or rehearing until stayed or changed. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.482 & OL 1999 & Ch. 849 History: DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 2-2000, f. & cert. ef. 3-27-00 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00