justicedao/ipfs_state_laws huggingface dataset:
860-001-0150 Filing Dates (1) Except as modified by statute or by the rules in this division, a document is filed on the date received by the Commission at Salem, Oregon, between the hours of 8 a.m. and 5 p.m., Pacific Time. (2) The period of time for doing an act governed by these rules is determined by excluding the first day and including the last day. For example, if a motion is filed on September 18, then any response (due 15 days after filing of the motion) must be filed by October 3. If the due date falls on a Saturday, Sunday, legal holiday as defined in ORS 187.010, or when the Commission office is closed by a Department of Administrative Services directive, then the filing is due on the next business day. (3) Filings that are incomplete or not in substantial compliance with these rules, Commission orders, ALJ rulings, or statutes may be declined or conditionally accepted. The Commission must provide the reason for declining or conditionally accepting a filing to the filer. (4) Documents required to be filed within a specified time but that fail to substantially comply with these rules may be accepted as conditionally received to meet the filing deadline. (5) Conditionally received filings are not considered officially filed until brought into substantial compliance with these rules, the Commission’s orders, ALJ rulings, and statutes. Conditionally received filings may be rejected unless brought into compliance within one business day of notice of the deficiency. A filer must file an amended or corrected filing to bring a conditionally accepted filing into compliance. 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
860-001-0160 Filing Requirements in Rulemaking Proceedings (1) Written comments on proposed rules and other documents submitted in rulemaking proceedings must be filed with the Filing Center at the address listed in OAR 860-001-0140. Filing by electronic mail is preferred, but physical documents will be accepted. (a) To be considered by the Commission, a document must be received by the deadline for the submission of written comments specified in the notice of proposed rulemaking. (b) Documents must include the docket number assigned by the Commission to the rulemaking proceedings. (2) Written comments on a proposed rule must comply with OAR 860-001-0210(3). 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
860-001-0180 Service in Contested Case and Declaratory Ruling Proceedings (1) The Commission maintains an official service list for each contested case and declaratory ruling proceeding. The service list is posted on the Commission’s website or may be obtained by contacting the Filing Center. (a) Each party must identify at least one party representative to receive service, and may identify no more than three party representatives to receive service. (b) Parties may designate party representatives in an initiating pleading, petition to intervene, or separate document. Parties must notify the Filing Center in writing of any change in contact information. (2) Except as otherwise provided by statute or rule, a party completes service of any document by filing it electronically with the Filing Center. (3) A party need only serve physical copies of a document in person, by first-class mail, or by any other reasonable means of delivery if: (a) The document contains information that has been designated as confidential under a general protective order, and the protective order requires service of physical copies; (b) The filing is more than 100 pages, unless the party has requested not to receive physical service of voluminous filings; (c) A party has requested and received permission from the ALJ to receive physical service of all documents; or (d) Physical service is required by rule or statute. (4) Service of physical copies of a document is considered timely if the copy is received within two business days of the date the document was filed with the Filing Center. (5) If service of physical copies is required in a contested case or declaratory ruling proceeding, then the filer must include a certificate of service with its filing to the Filing Center. The certificate must include the means of physical service, date of physical service, a list of the party representatives and addresses served, and a certifying signature. 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
860-001-0200 Public Participation The Commission may informally seek public input before giving notice of intent to adopt, amend, or repeal a rule. A person may request to be notified of informal opportunities for public input by requesting to be placed on a notification list described in OAR 860-001-0030(1)(b). Statutory/Other Authority: ORS 183.341, 756.040 & 756.060 Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0210 Permanent Rulemaking Notice (1) The Commission will give notice of a proposed permanent rulemaking by: (a) Publishing notice of the rulemaking in the Secretary of State’s Oregon Bulletin; and (b) Mailing, electronically mailing, or personally delivering a copy of the proposed rule and a copy of the Secretary of State notice to persons on the Commission’s applicable rulemaking notification lists and legislators specified in ORS 183.335(15). Instead of providing a copy of the proposed rule, the Commission may provide a summary of the rule and explain how to obtain a copy by mail, electronic mail, or from a specified website. (2) The notice of proposed permanent rulemaking must include: (a) A statement summarizing the subject matter, purpose, and need for the proposed rule; (b) The last date for comment on the proposed rule; (c) The date of or ability to request a hearing; and (d) A statement of fiscal impact quantifying the economic effect of the proposed rule. (3) Any person may file written comments on the proposed rule by the date identified in the rulemaking notice. (a) Written comments must be filed as set forth in OAR 860-001-0160. (b) Written comments must identify: (A) The name and address of the person; (B) The name of any business or organization the person represents; (C) The docket number assigned to the rulemaking; and (D) The portion of the proposed rule to which the comments are directed. If applicable, the person should also provide alternative language for the proposed rule to address any concern. (4) An objection to a fiscal impact statement must be filed in writing and must: (a) Identify the portion of the fiscal impact statement to which objection is made; (b) Identify the persons likely to be affected by the proposed rule on whose behalf the objection is filed or, if filed by an association, identify the number of members of the association who are likely to be affected by the proposed rule; (c) Explain how the persons identified are likely to be affected by the proposed rule; (d) Explain the objection to the fiscal impact statement; and (e) Be filed as set forth in OAR 860-001-0160. (5) If the Commission determines that the original fiscal impact statement does not adequately reflect the proposed rule's fiscal impact, then the Commission must file an amended fiscal impact statement, extend the comment period as required by ORS 183.333(5), and give notice of the extended comment period to persons identified in subsection (1)(b). Statutory/Other Authority: ORS 183.341, 756.040 & 756.060 Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0220 Conduct of Rulemaking Hearing (1) All persons wanting to comment during a rulemaking hearing must provide their name, address, and affiliation. The ALJ may also require that additional information be provided. Additional persons may be heard at the discretion of the ALJ. (2) The ALJ may question any person commenting at the hearing. The ALJ may also permit other persons to question the person commenting. (3) A person may present comments once during the hearing unless otherwise requested or permitted by the ALJ. (4) The hearing may be continued with recesses as determined by the ALJ until all persons have had an opportunity to offer comments. (5) The ALJ must, when practicable, receive all physical and documentary information presented by persons offering comments. (6) The ALJ may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial comments. (7) The ALJ must make a record of the proceeding by audio or video tape recording, stenographic reporting, or minutes. Statutory/Other Authority: ORS 183.341, 756.040 & 756.060 Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0230 Rulemaking Record (1) The Commission must maintain a record of comments it receives in response to a notice of intent to adopt, amend, or repeal a rule filed under OAR 860-001-0210. (2) The rulemaking record is maintained by the rules coordinator. The Commission must make the rulemaking record available to members of the public upon request. (3) The rulemaking record must include: (a) Any written and oral comments received in response to the notice of proposed rulemaking; (b) The required rulemaking documents filed with the Secretary of State; and (c) A copy of the proposed rule. Statutory/Other Authority: ORS 183.341, 756.040 & 756.060 Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0240 Rulemaking Action (1) At the conclusion of the hearing or after the last date for submitting comments, the Commission may adopt, amend, or repeal rules covered by the notice of proposed rulemaking. The Commission must fully consider all written and oral comments. (2) The Commission must file a certified copy of each adopted or amended rule and each order repealing a rule with the Secretary of State. (3) The rule is effective upon filing with the Secretary of State unless a different effective date is specified in the rule. (4) Within 10 days of filing with Secretary of State, the Commission must submit a copy of each adopted or amended rule or order appealing a rule to the Legislative Counsel as set forth in ORS 183.715. Statutory/Other Authority: ORS 183.341, 756.040 & 756.060 Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0250 Petition to Promulgate, Amend, or Repeal Rule A person may petition the Commission to promulgate, amend, or repeal a rule. A petition to promulgate, amend, or repeal a rule must comply with OAR 137-001-0070. Statutory/Other Authority: ORS 183.341, 756.040 & 756.060 Statutes/Other Implemented: ORS 183.390 & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0260 Temporary Rulemaking (1) Under ORS 183.335(5), the Commission may temporarily adopt, amend, or suspend a rule without prior notice of hearing or on abbreviated notice of hearing. If no notice is provided before adoption of a temporary rule, then the Commission must give notice of its temporary rulemaking as specified in 183.335(1) by mailing, electronically mailing, or personally delivering a copy of the rule as adopted and a copy of the statements required under 183.335(5). Instead of providing a copy of the temporary rule, the Commission may provide a summary of the temporary rule and explain how to obtain a copy by mail, electronic mail, or from a specified website. (2) The agency must file with the Secretary of State a certified copy of the temporary rule and a copy of the statement required by ORS 183.335(5). (3) A temporary rule is effective for 180 days unless a shorter period is specified in the temporary rule or the certificate of filing for the temporary rule. Statutory/Other Authority: ORS 183.341, 756.040 & 756.060 Statutes/Other Implemented: ORS 183.335 – 183.355 & 756.040 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0320 Appearance of Attorneys; Pro Hac Vice (1) To make legal arguments or sign legal documents in Commission proceedings, an attorney must be in good standing with the Oregon State Bar or appear pro hac vice. (2) A motion to appear pro hac vice before the Commission must contain the following: (a) A certificate of compliance for pro hac vice admission, available on the Oregon State Bar website, which includes most of the Uniform Trial Court Rule (UTCR) 3.170(1) requirements; (b) A certificate of good standing from the bar association in the jurisdiction in which the attorney regularly practices; and (c) If the attorney’s appearance before the Commission constitutes the private practice of law under ORS 9.160 and related statutes, a certificate of insurance covering the attorney’s activities in this state and providing professional liability insurance substantially equivalent to the Oregon State Bar Professional Liability Fund Plan. (3) The applying attorney must associate with a member in good standing of the Oregon State Bar who must participate meaningfully in the matter. Applications must be made on a case-by-case basis. Each application is good for one attorney for a single case for one year. For cases continuing for over one year, an attorney appearing pro hac vice must file a new pro hac vice application to continue to participate in the case. (4) A fee is not required. Additional guidance is provided by UTCR 3.170, which can be found on the Oregon State Bar website. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.457, 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0330 Former Employees (1) A former Commission employee may not appear on behalf of other parties in contested case or declaratory ruling proceedings in which the former employee took an active part on the Commission’s behalf. (2) Except with the Commission’s written permission, a former Commission employee may not appear as a witness on behalf of other parties in contested case proceedings in which the former employee took an active part on the Commission’s behalf. (3) Except with the Commission’s written permission, a former employee of a party may not appear as a witness on behalf of the Commission in contested case proceedings in which the person took an active part on the party’s behalf. Prior to giving its written permission to the person, the Commission must notify the affected party and all other parties to the proceedings, and allow the affected party an opportunity to object to the Commission granting permission to the person. Other parties to the proceedings may respond to the affected party’s objection, if any. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.457 – 183.458, 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0340 Ex Parte Communications (1) Ex parte communications are discouraged and, if made, must be disclosed to ensure an open and impartial decision-making process. (2) Except as provided in this rule, an ex parte communication is any oral or written communication that: (a) Is made by a person directly to a Commissioner or presiding ALJ outside the presence of any or all parties of record in pending contested case or declaratory ruling proceedings; (b) Is made without notice to or an opportunity for rebuttal by all parties; and (c) Relates to the merits of an issue in the proceedings. (3) For purposes of this rule, a contested case or declaratory ruling proceeding is pending when the Commission or ALJ issues the first scheduling notice. (4) A person who has an ex parte communication must promptly notify the presiding ALJ that the communication occurred. (5) Upon notice of or receipt of an ex parte communication, the presiding ALJ must promptly notify the parties of record of the communication and place the following in the record: (a) The name of each person who made the communication and the person’s relationship, if any, to a party in the case; (b) The date and time of the communication; (c) The circumstances under which the communication was made; (d) A summary of the matters discussed; (e) A copy of any written communication; and (f) Other relevant information concerning the communication. (6) The presiding ALJ may require the person responsible for the ex parte communication to provide the disclosure and notice of the communication required by this rule. (7) Within 10 days of the filing date of the notice, a party may file a written rebuttal of the facts or contentions contained in the ex parte communication. (8) The provisions of this rule do not apply to communications that: (a) Address procedural issues, such as scheduling or status inquiries, or requests for information having no bearing on the merits of the case; (b) Are made to a Commissioner or presiding ALJ by a member of Staff who is not a witness in the proceedings; (c) Are made to a Commissioner or presiding ALJ by an Assistant Attorney General who is not representing Staff in the proceedings; (d) Are made in rulemaking proceedings conducted under ORS 183.325 through 183.410; or (e) The presiding ALJ determines are not subject to this rule, including communications from members of the public that are made part of the administrative file or communications that are the subject of in camera proceedings. (9) To avoid inadvertent ex parte communications, a person planning to meet individually with a Commissioner or ALJ must indicate whether the discussion will relate to pending proceedings and, if so, which proceedings. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.417, 183.462, 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
860-001-0360 Case Management Conferences (1) This case management conference rule applies to complaints filed pursuant to ORS 756.500 or OAR 860-029- 0100, or OAR 860-082-0085, or a petition for declaratory ruling filed pursuant to ORS 756.450. These provisions supplement the generally applicable filing and contested case procedures contained in OAR chapter 860, division 001 and in division 029. (2) Within 14 business days of the filing of a complaint or petition for declaratory ruling, or 10 business days after the answer is filed, whichever date is later, the Administrative Law Judge shall hold a case management conference. (3) The purpose of the case management conference will be to facilitate the orderly and efficient resolution of the case and to discourage wasteful activities. (4) At the case management conference, the parties will: (a) Make good faith efforts to identify the legal and factual issues in dispute in the case; and (b) Establish a schedule for the docket, including dates for testimony, discovery, briefing, submission of exhibits and hearing. (5) In addition, the parties will discuss the following matters and the ALJ will make or enter such rulings as are appropriate: (a) Whether the disputes in the case might be narrowed through motions to dismiss or for summary judgment, and whether schedules for such motion practice may be adopted at that time; (b) Regarding the available modes, timing, and scope of discovery and any other discovery matters raised by the parties; (c) Whether the parties require the assistance of the Commission's mediation services to assist in resolving the matter; and (d) Any other matters that may expedite the orderly conduct and disposition of the proceedings. (6) Within 3 business days of the case management conference, the ALJ will issue a case management ruling setting forth a schedule for the case and setting forth all the ALJ's decisions on other matters discussed at the conference. (7) At any time during the pendency of the docket, any party may request that additional case management conferences be scheduled to address any of the above issues, including the amendment of the case management schedule. Statutory/Other Authority: ORS 756.040, 756.060 & ORS 756.060 Statutes/Other Implemented: ORS 183, ORS 417, ORS 756.040 & ORS 756.500-756.575 History: PUC 3-2021, adopt filed 03/31/2021, effective 03/31/2021
860-001-0390 General The Commission treats pleadings and motions differently. (1) Pleadings are used to address formal requests to initiate a proceeding or for Commission authorization. There are two types of pleadings. (a) Initiating pleadings include applications, petitions, and complaints. (b) Responsive pleadings include answers, protests, responses, and replies. (2) Motions are requests seeking a ruling in a Commission proceeding. There are two types of motions. (a) Substantive motions address the rights or duties of a party or seek summary determination of any or all issues in the proceeding, such as a motion to dismiss. (b) Procedural motions address the means by which the Commission regulates its proceedings; for example, a motion to modify a schedule. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.417, 756.040 & 756.500 – 756.575 History: PUC 1-2015, f. & cert. ef. 3-3-15
860-001-0400 Pleadings Requirements (1) All pleadings must be signed by the person filing the pleading or an authorized representative. By signing a pleading, the signatory makes the certification in ORCP 17C. For electronic filings, a person may use any identifier that is adopted by the person with the intent to authenticate a document (for example, “/s/John Doe”). (2) Applications, petitions, complaints, and other initiating pleadings must include: (a) The filer’s name and contact information, including telephone number, physical address, and electronic mail address; (b) The name and contact information, including telephone number, physical address, and electronic mail address of any other party named in the filing; (c) A clear and concise statement of the authorization, action, or relief sought; (d) Appropriate references to the statutory provision or other authority under which the filing is made; and (e) Other information as required by the Commission’s rules. (3) Answers, protests, and other responsive pleadings must be in writing and must include: (a) The filer’s name and address; (b) The identification of the initiating pleading to which the response is made, including the docket number if one had been assigned; and (c) A specific response to the pleading including, if necessary, an answer to material allegations and affirmative defenses. (4) Unless otherwise directed by the Commission or ALJ, responses must be filed within the following timeframes: (a) An answer to a complaint, application, or petition must be filed within 20 days after the pleading is filed. (b) An answer to a consumer complaint under OAR 860-021-0015 must be filed within 15 days after the Commission serves the complaint. (c) An answer to a petition to intervene must be filed within 10 days after filing of the petition. (d) An answer to a complaint under OAR 860-029-0100 must be filed within 10 days after the Commission serves the complaint. (e) An answer to any other type of pleading must be filed within 15 days after the pleading is filed. (5) A reply to a responsive pleading is not permitted unless otherwise allowed by the Commission or 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