Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0025 - The Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of the hearing is to inquire fully into the matters at issue and to make a
			 decision on the basis of the evidence adduced at the hearing.
(2) No administrative law judge shall
			 participate in a hearing if the administrative law judge has any private
			 interest in the outcome of the hearing or holds any bias or prejudice which
			 would impair a fair and impartial hearing. All testimony at any hearing before
			 an administrative law judge shall be under oath or affirmation.
(3) The administrative law judge shall
			 conduct and control the hearing. The administrative law judge shall determine
			 the order of the presentation of evidence, administer oaths, examine any
			 witnesses, and may either on the administrative law judge's own or a party's
			 request exclude witnesses from the hearing room. Parties, or their authorized
			 agents, shall have the right to give testimony and to call and examine
			 witnesses.
(4) Parties may appear
			 on their own behalf or by authorized agent or counsel. The administrative law
			 judge may require agents, other than counsel, when appearing without the party,
			 to provide written authorization to appear for such party. When a party makes a
			 general appearance at a hearing, defects in notice are waived.
(5) Irrelevant, immaterial, or unduly
			 repetitious evidence shall be excluded but erroneous rulings on evidence shall
			 not preclude the administrative law judge from entering a decision unless shown
			 to have substantially prejudiced the rights of a party. All other evidence of a
			 type commonly relied upon by reasonably prudent persons in conduct of serious
			 affairs shall be admissible. If a question of privilege arises, the
			 administrative law judge shall fully and clearly inform the party of any rights
			 as to such privilege and deal with procedural problems created by the existence
			 of such issue in a way which protects the party's right to a fair hearing.
			 Objections to evidentiary offers may be made and shall be noted in the record.
			 Any part of the evidence may be received in written form. Documentary evidence
			 may be received in the form of copies or excerpts, or by incorporation by
			 reference.
(6) All evidence shall
			 be offered and made a part of the record in the case, and except for matters
			 stipulated to and except for notice taken, no other factual information or
			 evidence shall be considered by the administrative law judge in making the
			 decision. The experience, technical competence, and specialized knowledge of
			 the administrative law judge may be utilized in the evaluation of the evidence
			 presented. The administrative law judge may offer and receive evidence deemed
			 relevant and essential by the administrative law judge to a fair disposition of
			 the issues.
(7) The administrative
			 law judge may take official notice of judicially cognizable facts. The
			 administrative law judge may take notice of general, technical, or scientific
			 facts within the administrative law judge's specialized knowledge and may take
			 notice of documents, records, and forms retained within the Employment
			 Department's files. The administrative law judge shall notify the parties of
			 any official notice taken during the hearing or in the decision prior to such
			 decision becoming final. Parties shall be afforded an opportunity to contest
			 the material so noticed during the hearing or prior to the administrative law
			 judge's decision becoming final.
(8) In any hearing, the administrative law
			 judge shall render a decision on the issue and law involved as stated in the
			 notice of hearing. The administrative law judge's jurisdiction and authority is
			 confined solely to the issue(s) arising under the Employment Department Law.
			 Subject to objection by any party, the administrative law judge may also hear
			 and enter a decision on any issue not previously considered by the authorized
			 representative of the Director and which arose during the hearing. The
			 administrative law judge may continue the hearing or remand the matter to the
			 authorized representative for consideration and action upon such issue(s) under
			 the provisions of ORS
			 657.265. However, in no event
			 shall the administrative law judge accept jurisdiction of a new issue and
			 proceed with hearing on such issue when an interested party to such new issue
			 has not waived right to notice.
Stat. Auth.: ORS 657
Stats. Implemented: ORS
				  657.280,
				  657.610 &
				  657