justicedao/ipfs_state_laws huggingface dataset:
438-085-0545 Proof of Service (1) A party who files a document with the Hearings Division shall include with the document a proof of service which states the date and manner of compliance with OAR 438-085-0541, including the address at which the other party was served. (2) Proof of service may be made by: (a) Affidavit of service; (b) Written statement made upon the document filed, and signed by the party or representative making the statement; or (c) Letter of transmittal. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0550 Ex Parte Communications (1) Except for communications made in the context of a mediation or other settlement proceeding, there shall be no ex parte communication, concerning the merits of any pending case, with the assigned Administrative Law Judge. (2) In the event a prohibited ex parte communication occurs, the assigned Administrative Law Judge shall place on the record a statement of the substance of the prohibited communication and shall notify the parties of the communication and of their right to rebut such communication. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0606 Withdrawal of Request for Hearing (1) The requesting party may file a written withdrawal of the request for hearing at any time before the Administrative Law Judge issues a final order. (2) When a request for hearing is withdrawn, the Administrative Law Judge shall issue an order dismissing the request for hearing. Statutory/Other Authority: ORS 654.025(2) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 3-1989, f. 3-31-89, ef. 5-1-89 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0611 Withdrawal by Affected Employee, Authorized Representative, or Intervenor (1) An affected employee, an authorized representative, or an intervenor in a contested case may withdraw as a party at any time before the Administrative Law Judge issues a final order. (2) Such a withdrawal shall be effective upon filing. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77
438-085-0616 Withdrawal by OR-OSHA OR-OSHA may withdraw its contested citation, notice or order at any time before an order issued by an Administrative Law Judge becomes final. Upon such withdrawal, the Administrative Law Judge shall issue an order vacating the citation, notice or order and dismissing the request for hearing. Statutory/Other Authority: ORS 654.025(2) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 3-1989, f. 3-31-89, ef. 5-1-89 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0621 Settlement (1) The parties may enter into a settlement agreement at any time. (2) A signed copy of any settlement entered into after the filing of a request for hearing shall be submitted to the Hearings Division, and the Administrative Law Judge shall issue an order dismissing the request for hearing, or take other appropriate action. Statutory/Other Authority: ORS 654.290 & 656.726(4) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1992, f. 10-9-92, cert. ef. 10-12-92 WCB 3-1992(Temp), f. 5-15-92, cert. ef. 5-18-92 WCB 3-1989, f. 3-31-89, ef. 5-1-89 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0631 Sanctions for Failure to File Documents If a party fails to file any document when due, the Administrative Law Judge may, in their discretion: (1) Treat the failure as a waiver of the party’s right to file the document, and presume that the document, if filed, would be adverse to the party’s position on any issue related to it; or (2) Enter an order dismissing the request for hearing or vacating the citation. Statutory/Other Authority: ORS 654.025(2) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 19-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 3-1989, f. 3-31-89, ef. 5-1-89 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0710 Setting and Notice of Hearing (1) Except as required by ORS 654.078(6), notice of a scheduled hearing shall be given to all parties by the Hearings Division at least 50 days before the hearing date, unless the parties agree to a shorter period of notice. (2) The notice of hearing shall include the date, time and place of hearing. Statutory/Other Authority: ORS 654.025(2) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 3-1989, f. 3-31-89, ef. 5-1-89 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0715 Place of Hearing The hearing shall be held in Oregon at a place that is reasonably convenient for the party requesting the hearing and affected employees, or at such other place as may be selected by the Administrative Law Judge. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0718 Hearing Security Any party or representative having knowledge or reasonable belief that any party or witness may present a danger or may be a threat to anyone involved in the hearing shall immediately notify the assigned Administrative Law Judge and the opposing parties or representatives of the potentially dangerous situation. All decisions involving security at the hearing shall be within the discretion of the Presiding Administrative Law Judge or designee. Statutory/Other Authority: ORS 656.725(4) Statutes/Other Implemented: ORS 656.726(4) History: WCB 20-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98
438-085-0720 Postponement or Continuance of Hearing (1) A scheduled hearing shall not be postponed except by order of an Administrative Law Judge upon a finding of good cause. (2) Continuance and/or bifurcation of a contested case shall be allowed at the discretion of the Administrative Law Judge upon consideration of the facts and circumstances providing the basis for the Motion for continuance and/or bifurcation. Statutory/Other Authority: ORS 654.025(2) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 3-1989, f. 3-31-89, ef. 5-1-89 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0725 Statement of Issues; Pre-Hearing Conference At any time before hearing the Administrative Law Judge may order the parties to: (1) Prepare and submit a written statement setting forth the relevant facts about which there is no dispute, each party’s contentions of fact, and the issues of fact and law to be decided by the Administrative Law Judge. (2) Exchange information or attend a pre-hearing conference with the Administrative Law Judge for the purpose of simplifying or clarifying the issues or expediting the proceeding. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0730 Consolidation or Separation If no substantial right of any party will be prejudiced, the Administrative Law Judge may: (1) Consolidate cases in which there are common parties and common questions of law or fact; or (2) Divide the issues of a case into separate cases. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0735 Motions (1) All motions shall be filed with the Administrative Law Judge as soon as practicable. (2) Pre-hearing motions shall be in writing and contain a clear and plain statement of the relief sought and the grounds for relief. (3) Any party on whom a pre-hearing motion is served shall have 14 days from the date of receipt of such motion, or such time as the Administrative Law Judge may allow, to file a written response to the motion. A written reply may be filed within seven (7) days of receipt of the last response. (4) No additional arguments may be submitted without the prior approval of the Administrative Law Judge. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0740 Discovery (1) Unless otherwise provided by the assigned Administrative Law Judge, within 14 days after the mailing of the notice of case assignment pursuant to OAR 438-085-0306 OR-OSHA shall provide to the other parties or their representatives copies of all documents in its possession pertaining to the contested matter, including relevant rules, unless previously provided. (2) Unless otherwise provided by the assigned Administrative Law Judge, within 14 days of OR-OSHA’s mailing, the other parties or their representatives shall furnish to OR-OSHA copies of documents in their possession pertaining to the matter which they did not receive from OR-OSHA, unless previously provided. (3) Copies of documents acquired after the initial exchanges shall be provided to the other parties immediately after the disclosing party’s receipt of the documents. (4) Subject to limitations imposed pursuant to OAR 438-085-0805(2), depositions and interrogatories are allowed by agreement of the parties or upon motion of a party and an order of the Administrative Law Judge. (5) A reporter’s fee for a deposition shall be paid by the party who requested the deposition unless otherwise agreed by the parties or directed by the assigned Administrative Law Judge. (6) Notwithstanding sections (1) through (3), the assigned Administrative Law Judge may, after discussion with the parties, set timelines for completion of discovery. (7) Where a “document” cannot be photocopied but it is discoverable, the possessing party shall so advise the other party or parties and shall cooperate in arranging for its inspection. (8) Notwithstanding sections (1) through (3), privileged and work product documents shall not be subject to disclosure. (9) Failure of a party to comply with this rule or with any requirements set by the assigned Administrative Law Judge may result in continuance of the hearing, exclusion of the documents from the evidentiary record, vacation of the citation, dismissal of the request for hearing, or such other sanctions as the assigned Administrative Law Judge may deem appropriate. Statutory/Other Authority: ORS 183.335, 183.425(2) & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0745 Subpoenas (1) The attendance and testimony of witnesses at the hearing, or the production of documentary or physical evidence under the witnesses’ control or possession, may be compelled by subpoena. (2) Subpoenas may be issued by the Presiding Administrative Law Judge, the Administrative Law Judge, or the representative of record of the party in whose behalf the witnesses are required to appear. The Hearings Division shall provide subpoenas in blank, upon request, to a party or the party’s representative of record. (3) Any person present at the hearing may be required to testify to the same extent as if the person had been subpoenaed. (4) If any person fails to comply with a subpoena, or any party or witness refuses to testify on any matters on which such party or witness may be lawfully questioned, proceedings to compel obedience may be instituted in accordance with ORS 654.130 or 183.440. (5) Witnesses appearing by subpoena shall be paid, by the party who subpoenas them, the same fees and mileage required by law for witnesses in civil actions. Parties and employees of OR-OSHA shall not be paid such witness fees or mileage. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 183.440, 654.025, 654.078 & 654.130 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0750 Change of Administrative Law Judge (1) The assigned Administrative Law Judge may withdraw from a case whenever they consider it appropriate. (2) Any party may request that the assigned Administrative Law Judge remove themself from a case on the grounds of personal bias or conflict of interest. If the assigned Administrative Law Judge declines the request, the party may file with the Presiding Administrative Law Judge a motion for removal and supporting affidavit. (3) If, in the opinion of the Presiding Administrative Law Judge, the motion for removal is filed with due diligence and the supporting affidavit is sufficient on its face, the Presiding Administrative Law Judge may, in their discretion, hold a hearing, and shall either grant or deny the motion. Statutory/Other Authority: ORS 655.726(4) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 21-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 7-1987, f. 12-23-87, ef. 1-1-88 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0755 Extensions of Time Requests for extensions of time for filing of any documents shall be received in the office of the assigned Administrative Law Judge in advance of the day on which the document is due to be filed. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82
438-085-0800 Decision by Administrative Law Judge Without Hearing (1) To reduce the cost to the public, to the parties and to their witnesses, the Board encourages the parties to submit their cause to the Administrative Law Judge, whenever possible, without a hearing. (2) A case may be decided by the Administrative Law Judge without a hearing upon the joint agreement of all parties and the assigned Administrative Law Judge. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82
438-085-0805 Duties and Powers of Administrative Law Judge It is the duty of the Administrative Law Judge to conduct a fair and impartial hearing and to avoid delay. The Administrative Law Judge has the authority to: (1) Issue subpoenas; (2) Order depositions to be taken or make limitations on discovery; (3) Hold conferences for settlement of the case, clarification of the issues, or such other purpose which furthers the goal of full, prompt, and fair resolution of the case; (4) Dispose of procedural requests, motions or similar matters; (5) Administer oaths and affirmations; (6) Rule upon offers of evidence; (7) Regulate the course of the hearing and, if necessary, exclude persons from the hearing; (8) Require a party to state the party’s position on any issue in the case and the legal basis for that position; (9) Order a party to produce a witness or other evidence; (10) Call and examine any party or witness; (11) Close the hearing record, or reopen it, as the needs of justice and the hearing require; (12) Prohibit photographing, televising, or sound or video recording of the hearing from within or outside the hearing room. (13) Take any other action necessary for a full and fair disposition of the case. Statutory/Other Authority: ORS 183.335, 656.726(5) & 654.025 Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0810 Failure to Appear (1) Except as provided in section (2) of this rule, failure of a party to appear at the hearing shall be considered a default and a waiver of all rights except the right to be served with a copy of the Administrative Law Judge’s order and the right to request judicial review in accordance with ORS 183.480 to 183.500. A default order may be issued only upon a prima facie case made in the evidentiary record. (2) Upon a showing of good cause, the Administrative Law Judge shall excuse a party’s failure to appear and reconvene the hearing. Statutory/Other Authority: ORS 654.025(2) Statutes/Other Implemented: ORS 183.415(6), 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 3-1989, f. 3-31-89, ef. 5-1-89 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0815 Record and Transcript of Hearing (1) A verbatim record shall be made of the hearing, including all motions, rulings and testimony. Reporters’ hearing and transcript fees shall be paid by the Board, except as provided in subsection (3) of this rule. (2) At any time before the Administrative Law Judge’s decision becomes final, the Administrative Law Judge may order a full or partial transcript of the hearing record. (3) At any time before the reporter’s notes or recordings of the hearing are destroyed, any person may order a transcript at that person’s expense, except that prior to closure of the evidentiary record, in a case where witnesses have been excluded, no party may obtain, and the reporter or reporting firm shall not provide, any transcript of witness testimony or portion thereof without prior authorization by the Administrative Law Judge. (4) When the record of a case is forwarded to the Court of Appeals for judicial review pursuant to ORS 183.482(4), each party shall be served with a copy of the record, excepting exhibits. (5) Reporters’ notes or records of a hearing may be destroyed six months after final disposition of the case by the Administrative Law Judge or court. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0820 Burden of Proof (1) OR-OSHA has the burden of proving: (a) A denied violation; (b) The reasonableness of a contested penalty; (c) The reasonableness of a contested correction order. (2) The party who contests a proposed OR-OSHA order that will grant, deny, modify or revoke a variance has the burden of proving that the proposed order is incorrect. (3) The party having the burden of proving a fact must establish it by a preponderance of the evidence. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0825 Conduct of Hearing (1) Testimony shall be taken only on oath or affirmation. (2) Each party shall have these rights: (a) To call and examine parties and witnesses; (b) To offer documents as evidence; (c) To question the witnesses of other parties on any matter relevant to the issues even though that matter was not covered in the direct examination; (d) To offer evidence to impeach any witness regardless of which party first called the witness to testify; and (e) To offer rebuttal evidence. (3) The taking of evidence in the hearing shall be controlled by the Administrative Law Judge in the manner best suited to ascertain the facts and safeguard the rights of the parties. (4) The hearing shall be conducted in the English language. Upon reasonable advance request, a qualified interpreter shall be provided in accordance with ORS 183.418. (5) For purposes of ORS 654.078(6) and notwithstanding OAR 438-085-0026(15) and sections (1) through (4) of this rule, the issue of the time fixed for correction of a serious violation may be determined based upon a hearing record consisting of affidavits, stipulations, and such other documentary evidence as permitted by the ALJ. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0835 Exclusion of Witness from Hearing Room Upon motion of a party, the Administrative Law Judge may exclude an opposing party’s witness from the hearing room if the basis of the motion is to prevent the witness from hearing testimony. A party or its representative shall not be excluded on the grounds that the party or its representative will be a witness. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0840 Rules of Evidence The rules of privilege and evidence in proceedings under this chapter are governed by ORS 183.450(1) through (4). Statutory/Other Authority: ORS 183.335, 656.726(5) & 654.290(2) Statutes/Other Implemented: ORS 183.450(1) - 183.450(4), 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0845 Official Notice (1) The Administrative Law Judge may take official notice of judicially cognizable facts and the Administrative Law Judge may take official notice of general, technical or scientific facts within the Administrative Law Judge’s specialized knowledge. (2) The Administrative Law Judge shall advise the parties of, and give them an opportunity to contest, any facts or other matters of which official notice is being taken. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 183.450(4), 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 4-1978, f. 3-31-78, ef. 4-1-78 WCB 6-1977, f. 5-5-77, ef. 6-1-77
438-085-0850 Offers of Proof Whenever the Administrative Law Judge excludes a document or the testimony of a witness, the party adversely affected may make an offer of proof for the record in a form determined by the Administrative Law Judge. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73