justicedao/ipfs_state_laws huggingface dataset:
839-050-0160 Disqualification of Administrative Law Judge (1) An Administrative Law Judge may withdraw from a proceeding whenever the Administrative Law Judge determines disqualification to be necessary. Any party to any contested case may claim that the person designated as Administrative Law Judge is prejudiced against any party or counsel or the interest of any party or counsel appearing in such case. Such prejudice must be established by a motion supported by an affidavit establishing that the designated Administrative Law Judge is prejudiced against the party or counsel, or against the interest of the party or counsel, such that the party or counsel cannot, or believes that the party or counsel cannot, have a fair and impartial hearing before the Administrative Law Judge, and that it is made in good faith and not for the purpose of delay. Grounds upon which a motion may be made, or upon which the Administrative Law Judge may determine that disqualification is necessary, include but are not limited to a family relationship with the complainant or claimant or with any party or counsel, or a financial interest in the property or business of any of those individuals. The fact that the Administrative Law Judge is an employee of the Oregon Bureau of Labor and Industries is not a ground for disqualification of the Administrative Law Judge. (2) The motion and affidavit must be filed together with the Contested Case Coordinator within 14 days after service of the notice of hearing with a copy to all other participants. No motion to disqualify an Administrative Law Judge may be made after the Administrative Law Judge has ruled upon any motion, other than a motion to extend time in the case, or after the hearing has commenced, whichever is earlier. (3) The Administrative Law Judge will issue a written ruling on the motion for withdrawal or disqualification, setting forth the grounds therefore, within ten days of the receipt of the motion. The ruling will be sent to the commissioner, the Agency, and all parties. (4) When an Administrative Law Judge has been disqualified, the commissioner will designate another Administrative Law Judge to preside over the contested case proceeding. The Forum will notify the participants of this designation. 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 839-030-0065 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
839-050-0170 Joinder of Parties, Claimants, Complainants, or Aggrieved Persons (1) Aggrieved persons, complainants, or claimants: Any number of persons may be joined in one proceeding as aggrieved persons, complainants, or claimants if they assert a right to relief arising out of the same or similar transaction(s) or occurrence(s) and if questions of law or fact common to all these persons will arise in the proceeding. (2) Parties: Any number of persons may be joined in one proceeding as parties if there is asserted against them any right to relief arising out of the same transaction(s) or occurrence(s) or if questions of law or fact common to all these persons will arise in the proceeding. (3) Intervention by aggrieved persons: An aggrieved person may intervene and be joined as a party in a proceeding in which the Agency has issued Formal Charges alleging violations of ORS 659A.145, 659A.421, or federal housing law. The procedures set out in OAR 137-003-0005 of the Attorney General’s Model Rules apply. (4) The Final Order may find for or against the Agency according to the respective rights of one or more of the aggrieved persons, complainants, or claimants, and for or against one or more of the parties according to their respective liabilities. (5) Misjoinder of aggrieved persons, complainants, claimants, or parties is not a ground for dismissal of a proceeding. Parties may be added or deleted by order of the Administrative Law Judge upon the motion of any participant, upon the Administrative Law Judge's own motion, or upon the application of any person or entity seeking party or limited party status, at any stage of the contested case proceeding. When necessary to complete disposition of the case, the Administrative Law Judge may postpone the hearing to allow a newly added aggrieved person, complainant, claimant, or party to prepare for the hearing. 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 & 659A.885 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 38-2008, f. & cert. ef. 11-7-08 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 839-030-0085 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0190 Consolidation of Contested Case Proceedings The Administrative Law Judge, on their own motion, or upon motion of a party, may order a joint contested case proceeding for two or more contested cases over which they are presiding when the Administrative Law Judge determines that the cases involve common questions of law or fact. The Administrative Law Judge, in conducting the proceeding, may establish procedures necessary to avoid additional costs or 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 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 839-030-0095 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0230 Authority of the Administrative Prosecutor (1) The Administrative Prosecutor is authorized by ORS chapter 183 to appear on behalf of and represent the Agency. The Administrative Prosecutor may perform any function not prohibited by this rule. (2) The Administrative Prosecutor may not present legal argument during the contested case proceeding except to the extent authorized by section 3 of this rule. "Legal argument" includes arguments on: (a) The jurisdiction of the agency to hear the contested case; (b) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; (c) The application of court precedent to the facts of the particular contested case proceeding. (3) The Administrative Law Judge may allow the Administrative Prosecutor to present evidence; examine and cross-examine witnesses; and make arguments relating to the: (a) Application of statutes and rules to the facts in the contested case; (b) Actions taken by the Agency in the past in similar situations; (c) Literal meaning of the statutes or rules at issue in the contested case; (d) Admissibility of evidence; and (e) Proper procedures to be used in the contested case hearing. (4) When an Administrative Prosecutor is representing the Agency in a hearing, the Administrative Law Judge will advise such representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. When such objections may involve legal argument as defined in section 2 of this rule, the Administrative Law Judge will provide reasonable opportunity for the Administrative Prosecutor to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after the conclusion of the hearing. 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 10-2014, f. & cert. ef. 9-4-14 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 839-030-0059 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88
839-050-0240 Responsibilities of the Administrative Law Judge (1) The commissioner delegates Proposed Order Authority to Administrative Law Judges employed by the Agency as hearings officers and those persons who are appointed to preside at particular hearings. The commissioner delegates to such designee the authority to: (a) Rule on all motions filed prior to the hearing. (b) Issue subpoenas and otherwise oversee the discovery process in a manner consistent with rules relating to these powers. (c) Hold appropriate conferences, if necessary, before or during the course of the hearing to discuss the conduct of the proceedings or the issues to be presented. (d) Regulate the course of the hearing, including scheduling, reconvening, and adjourning. (e) Maintain order during the course of the hearing, including the authority to expel persons whose conduct is disruptive. (f) Make rulings on motions or evidence, with or without objection, during the hearing. (g) Question witnesses at the hearing and set time limitations for argument or presentation. (h) Limit or extend filing periods. (i) Decide procedural matters, but not grant motions for summary judgment or other motions by a party that involve final determination of the proceeding, but to issue a Proposed Order as provided for in these rules. Nothing in this section may be construed to prohibit the Administrative Law Judge from making a routine disposition of a hearing proceeding based on a settlement, on the Agency's withdrawal of the charging document, or on other reasons not requiring a Final Order by the commissioner. (j) Prepare a Proposed Order at the conclusion of the contested case hearing and cause it to be served by the Contested Case Coordinator on the Agency, the commissioner, and all parties to the case; and at the request of the commissioner, assist in responding to any exceptions and the preparation of the Final Order. (k) Take any other action consistent with the duties of an Administrative Law Judge. (2) In a contested case proceeding alleging an unlawful practice under ORS 659A.145 or 659A.421, or discrimination under federal housing law, only an employee of the bureau may be a member of a special tribunal or an Administrative Law Judge appointed to hear 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 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 839-030-0100 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 12-1986, f. 10-29-86, ef. 10-30-86 BL 8-1986, f. & ef. 9-2-86
839-050-0250 Conduct of Hearings The hearing will be conducted by and under the control of the Administrative Law Judge. (1) The Administrative Law Judge will open the hearing with a brief introduction of the Agency, the parties and issues, including all information required by ORS 183.413(2) and 183.415(7). (2) Each participant may be given an opportunity to make an opening statement describing the evidence and issues to be presented at the hearing. (3) The Administrative Prosecutor will present evidence in support of the charging document. (4) Any person, government agency, or entity granted party status may present additional evidence in support of the charging document. (5) Each party opposing the charging document must present evidence in support of the party's position. (6) Participants will have the right to conduct cross-examination of adverse witnesses. (7) Participants may present rebuttal evidence. (8) Participants may be given the opportunity to make a closing statement at the conclusion of the testimony. (9) The Administrative Law Judge has the right to question any witness. The Administrative Law Judge may request any participant to provide additional evidence, and may recess the hearing when necessary to allow the participant the opportunity to gather and present the requested evidence. (10) In any proceeding the Administrative Law Judge may call the participants together for a pre-hearing conference in order to ascertain what is disputed, hear argument on motions, order discovery, or resolve procedural matters. At any time during the hearing, the Administrative Law Judge may recess the hearing in order to conduct such a conference. The results of any conference will be summarized on the record, except that argument on motions will be recorded verbatim. (11) When the testimony of a witness not present at the hearing is necessary to the complete and fair adjudication of the case, the Administrative Law Judge may admit testimony of the witness by telephone or other two-way communication device. In such cases: (a) The testimony of the witness will be broadcast simultaneously to all participants and to the Administrative Law Judge; (b) All rules governing the questioning of witnesses present at the hearing apply to witnesses whose testimony is taken by telephone; and (c) The participant presenting the witness by telephone will provide the witness's telephone number and the approximate time that the witness will be available. (12) The Agency has the right to submit a statement of policy concerning any issue that may arise in the course of the hearing. 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 839-030-0105 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
839-050-0255 Telephone Hearings (1) A "telephone hearing" is one in which at least one participant is not physically present at the hearing but participates by telephone or other two-way communication device. (2) The Administrative Law Judge has the discretion to hold a hearing or portion of a hearing by telephone. Nothing in this rule precludes the Administrative Law Judge from allowing some parties or witnesses to attend by telephone while others attend in person. (3) The Administrative Law Judge may direct that a hearing be held by telephone upon request or on the Administrative Law Judge's own motion. (4) Fourteen days before the telephone hearing is scheduled to occur each participant must file with the Contested Case Coordinator and serve each other participant copies of documentary evidence that it will seek to introduce into the record and a list of all persons to be called as witnesses. (5) The Administrative Law Judge may refuse to admit evidence not filed and served as required by section (4) of this rule, unless the participant that failed to provide the documentary evidence and the list of witnesses offers a satisfactory reason for having failed to do so or unless excluding the evidence would violate the duty to conduct a full and fair inquiry under ORS 183.417(8). If the Administrative Law Judge admits evidence that was not filed and served as required, the Administrative Law Judge may grant a continuance to allow an opportunity for the other participant(s) to respond. 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
839-050-0260 Evidence (1) All evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs, including hearsay if reliable, will be admissible. (2) Irrelevant, immaterial, or unduly repetitious evidence may be excluded. (3) The burden of presenting evidence to support a fact or proposition rests on the proponent of that fact or proposition. (4) The burden of presenting evidence to establish a prima facie case rests with the Agency. (5) When appropriate, the burden of proving failure to mitigate damages rests with the party opposing damages. (6) Any witness, including Agency staff, may submit evidence to the Administrative Law Judge. (7) All offered evidence to which there is no objection may be received by the Administrative Law Judge subject to the Administrative Law Judge's power to exclude irrelevant, immaterial, or unduly repetitious evidence. (8) Evidence on which an objection is made may be taken by the Administrative Law Judge. Rulings on the admissibility or exclusion of this evidence will be made at the hearing or at the time the Proposed Order in the case is issued. (9) Any declaration, affidavit, certificate, or document included with a case summary or that a participant serves on the other participants at least ten days before hearing may be offered and received into evidence unless cross-examination is requested of the declarant, affiant, certificate preparer, or other document preparer or custodian no later than five days prior to hearing or, for good cause shown, by such other date as the Administrative Law Judge may set. A declaration, affidavit, or certificate may be offered and received with the same effect as oral testimony. (10) If cross-examination is requested of the declarant, affiant, certificate preparer, or other document preparer or custodian as provided in section (9) of this rule and the preparer is not made available for cross-examination, but the declaration, affidavit, certificate or other document is offered in evidence, the same may be received in evidence, provided the Administrative Law Judge determines that: (a) The contents of the document are otherwise admissible; and (b) The participant requesting cross-examination would not be substantially prejudiced by the lack of cross-examination. (11) The Administrative Law Judge will accept an offer of proof made for excluded evidence. The Administrative Law Judge has the discretion to decide when and in what form the offer of proof will be made and may place reasonable time or page limits on the offer of proof. 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 839-030-0120 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
839-050-0270 Exhibits (1) Hearing participants must premark their exhibits. Agency exhibits will be marked with "A" (for example, A-1, A-2, etc.), and Respondent exhibits will be marked with "R" (for example, R-1, R-2, etc.). The Administrative Law Judge will preserve the exhibits received as part of the record of the proceedings. (2) All paper exhibits must be no larger than 8-1/2 by 11 inches in size and the participant presenting this exhibit must bring two copies of the exhibit to the hearing in addition to the copies already provided with the case summary. Participants must bring four copies of rebuttal or impeachment exhibits to the hearing unless those exhibits were previously submitted with the case summary, in which case only two additional copies are required at the hearing. (3) Larger exhibits are allowed; however, in order to be included in the record, the information contained in the exhibit must be reduced to paper 8 1/2 by 11 inches in size. (4) Variation from the exhibit size requirements will be allowed only when there is no reasonable alternative. 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 839-030-0125 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
839-050-0280 Stipulation (1) Prior to the hearing, participants to a contested case may agree to all or some of the facts involved in the controversy. This may be done through a written and signed stipulation or an oral stipulation made on the record during a prehearing conference. Such a stipulation of facts is binding upon those who agree to it and will be regarded and used as evidence at the hearing. During the hearing, participants may stipulate to facts involved in the controversy. The Administrative Law Judge is bound by the facts set forth in a stipulation, but not by any conclusion drawn from those facts. (2) Any party interested in stipulating to all or any part of the facts involved in the case should contact the Administrative Prosecutor identified in the Notice of Hearing. The Agency may also contact any party requesting that a stipulation be entered on all or any part of the facts. 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 839-030-0135 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0290 Witnesses All testimony to be taken at the hearing, except matters officially noticed or entered by stipulation, will be sworn or affirmed. This may include testimony given on deposition, by declaration, or in answers to interrogatories. 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 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0140 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86