reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0005 - Participation as Party or Limited Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons who have an interest in the
			 outcome of the agency's contested case proceeding or who represent a public
			 interest in such result may request to participate as parties or limited
			 parties.
(2) A person requesting to
			 participate as a party or limited party shall file a petition with the agency
			 at least 21 calendar days before the date set for the hearing and shall include
			 a sufficient number of copies of the petition for service on all parties.
			 Petitions untimely filed shall not be considered unless the agency determines
			 that good cause has been shown for failure to file timely.
(3) The petition shall include the following:
(a) Names and addresses of the petitioner and
			 of any organization the petitioner represents;
(b) Name and address of the petitioner's
			 attorney, if any;
(c) A statement
			 of whether the request is for participation as a party or a limited party, and,
			 if as a limited party, the precise area or areas in which participation is
			 sought;
(d) If the petitioner seeks
			 to protect a personal interest in the outcome of the agency's proceeding, a
			 detailed statement of the petitioner's interest, economic or otherwise, and how
			 such interest may be affected by the results of the proceeding;
(e) If the petitioner seeks to represent a
			 public interest in the results of the proceeding, a detailed statement of such
			 public interest, the manner in which such public interest will be affected by
			 the results of the proceeding, and the petitioner's qualifications to represent
			 such public interest;
(f) A
			 statement of the reasons why existing parties to the proceeding cannot
			 adequately represent the interest identified in subsection (3)(d) or (e) of
			 this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0007 - Agency Participation as Interested Agency or Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an agency gives notice that it
			 intends to hold a contested case hearing, it may also notify the parties that
			 it intends to name any other agency that has an interest in the outcome of that
			 proceeding as a party or as an interested agency, either on its own initiative
			 or upon request by that other agency.
(2) Each party shall have seven days from the
			 date of personal service or mailing of the notice to file objections.
(3) The agency decision to name an agency as
			 a party of as an interested agency shall be by written order and served
			 promptly on the parties and the named agency.
(4) An agency named as a party or as an
			 interested agency has the same procedural rights and shall be given the same
			 notices as any party in the proceeding. An interested agency, unlike a party,
			 has no right to judicial review.
(5) An agency may not be named as a party
			 under this rule without written authorization of the Attorney
			 General.
Stat. Auth.: ORS 180, ORS
				  183.341 & ORS
				  183.390
Stats. Implemented: ORS
				  180.060,
				  180.220,
				  183.341(1)
				  & 183.415(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0008 - Authorized Representative in Designated Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, the following
			 words and phrases have the following meaning:
(a) "Agency" means State Landscape
			 Contractors Board, State Department of Energy and the Energy Facility Siting
			 Council, Environmental Quality Commission and the Department of Environmental
			 Quality; Insurance Division of the Department of Consumer and Business Services
			 for proceedings in which an insured appears pursuant to ORS
			 737.505; the Department of
			 Consumer and Business Services and any other agency for the purpose of
			 proceedings to enforce the state building code, as defined by
			 455.010; the State Fire Marshal
			 in the Department of State Police; Division of State Lands for proceedings
			 regarding the issuance or denial of fill or removal permits under
			 196.800 to
			 196.825; Public Utility
			 Commission; Water Resources Commission and the Water Resources Department; Land
			 Conservation and Development Commission and the Department of Land Conservation
			 and Development; State Department of Agriculture for purposes of hearings under
			 215.705; and the Bureau of Labor
			 and Industries.
(b) "Authorized
			 Representative" means a member of a partnership, an authorized officer or
			 regular employee of a corporation, association or organized group, or an
			 authorized officer or employee of a governmental authority other than a state
			 agency;
(c) "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.
(d) "Legal Argument" does not include
			 presentation of motions, evidence, examination and cross-examination of
			 witnesses or presentation of factual arguments or arguments on:
(A) The application of the statutes or rules
			 to the facts in the contested case;
(B) Comparison of prior actions of the agency
			 in handling similar situations;
(C)
			 The literal meaning of the statutes or rules directly applicable to the issues
			 in the contested case;
(D) The
			 admissibility of evidence; and
(E)
			 The correctness of procedures being followed in the contested case
			 hearing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0010 - Emergency License Suspension, Refusal to Renew

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the agency finds there is a serious
			 danger to the public health or safety, it may, by order, immediately suspend or
			 refuse to renew a license. For purposes of this rule, such an order is referred
			 to as an emergency suspension order. An emergency suspension order must be in
			 writing. It may be issued without prior notice to the licensee and without a
			 hearing prior to the emergency suspension order.
(2)
(a)
			 When the agency issues an emergency suspension order, the agency shall serve
			 the order on the licensee either personally or by registered or certified
			 mail;
(b) The order shall include
			 the following statements:
(A) The effective
			 date of the emergency suspension order;
(B) Findings of the specific acts or
			 omissions of the licensee that violate applicable laws and rules and are the
			 grounds for revocation, suspension or refusal to renew the license in the
			 underlying proceeding affecting the license;
(C) The reasons the specified acts or
			 omissions seriously endanger the public's health or safety;
(D) A reference to the sections of the
			 statutes and rules involved;
(E)
			 That the licensee has the right to demand a hearing to be held as soon as
			 practicable to contest the emergency suspension order; and
(F) That if the demand for hearing is not
			 received by the agency within 90 calendar days of the date of notice of the
			 emergency suspension order the licensee shall have waived its right to a
			 hearing regarding the emergency suspension order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0015 - Use of Collaborative Dispute Resolution in Contested Cases Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an agency
			 issues a contested case notice, the agency and a party may agree to participate
			 in a collaborative dispute resolution (DR) process to resolve any issues
			 relevant to the notice. Neither the party's request, nor any agreement by the
			 agency, to participate in such a process tolls the period for filing a timely
			 request for a contested case hearing.
(2) If the agency agrees to participate in a
			 collaborative DR process, the agency may establish a deadline for the
			 conclusion of the process.
(3) The
			 agency and the party may sign an agreement containing any of the provisions
			 listed in OAR 137-005-0030  or such other terms as may be useful to further the
			 collaborative DR process.
(4) If
			 the agency has agreed to participate in a collaborative DR process and the
			 party makes a timely request for a contested case hearing:
(a) The hearing shall be suspended until the
			 collaborative DR process is completed, the agency or the party opts out of the
			 collaborative DR process, or the deadline, if any, for the conclusion of the
			 collaborative process is reached.
(b) The agency shall proceed to schedule the
			 contested case hearing if the collaborative DR process terminates without
			 settlement of the contested case, unless the party withdraws the hearing
			 request.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0025 - Discovery in Contested Cases Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Discovery by the agency or any party may
			 be permitted in appropriate contested cases at the discretion of the agency.
			 Any party may petition the agency pursuant to the requirements in this rule for
			 an order allowing discovery. Before requesting a discovery order, a party must
			 seek the discovery through an informal exchange of information.
(2) Discovery may include but is not limited
			 to one or more of the following methods:
(a)
			 Depositions of a material witness;
(b) Disclosure of names and addresses of
			 witnesses expected to testify at the hearing;
(c) Production of documents, which may but
			 need not be limited to documents that the party producing the documents plans
			 to offer as evidence;
(d)
			 Production of objects for inspection;
(e) Permission to enter upon land to inspect
			 land or other property;
(f)
			 Requests for admissions;
(g)
			 Written interrogatories;
(h)
			 Prehearing conferences, as provided in OAR 137-003-0035.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0035 - Prehearing Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 hearing, the agency may, in its discretion, conduct one or more prehearing
			 conferences to facilitate the conduct and resolution of the case. The agency
			 may convene the conference on its own initiative or at a party's
			 request.
(2) The purposes of a
			 prehearing conference may include, but are not limited to the following:
(a) To facilitate discovery and to resolve
			 disagreements about discovery;
(b)
			 To identify, simplify and clarify issues;
(c) To eliminate irrelevant issues;
(d) To obtain stipulations of fact;
(e) To provide to the presiding officer,
			 agency and parties, in advance of the hearing, copies of all documents intended
			 to be offered as evidence at the hearing and the names of all witnesses
			 expected to testify;
(f) To
			 authenticate documents;
(g) To
			 decide the order of proof and other procedural matters pertaining to the
			 conduct of the hearing;
(h) To
			 discuss the use of a collaborative dispute resolution process in lieu of or
			 preliminary to holding the contested case hearing; and
(i) To discuss settlement or other resolution
			 or partial resolution of the case.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0036 - Individually Identifiable Health Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is intended to facilitate the
			 issuance of a Qualified Protective Order (QPO) by an administrative tribunal in
			 a contested case proceeding. The process described in this rule may be used by
			 an agency or party to a contested case proceeding to request information from
			 Covered Entities by using a QPO. This rule is intended to comply with federal
			 requirements of the Health Insurance Portability and Accountability Act of 1996
			 (HIPAA) and the HIPAA Privacy Rules in 45 CFR Parts 160 and 164 to protect the
			 privacy of Protected Health Information. This rule should be construed to
			 implement and not to alter the requirements of  45 CFR §
									164.512(e).
(2) For purposes of
			 this rule, capitalized terms used but not otherwise defined in this rule have
			 the meaning given those terms in the HIPAA Privacy Rules in 45 CFR Parts 160
			 and 164.
(a) An agency or hearing officer who
			 conducts a contested case hearing on behalf of an agency is an "administrative
			 tribunal," as that term is used in  45 CFR §
										164.512(e).
(b) The HIPAA Privacy Rules define "Covered
			 Entity" to include the following entities, as further defined in the HIPAA
			 Privacy Rules:
(A) A Health Insurer or the
			 Medicaid program;
(B) A Health Care
			 Clearinghouse; or
(C) A Health Care
			 Provider that transmits any Individually Identifiable Health Information using
			 Electronic Transactions covered by HIPAA.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0037 - Qualified Interpreters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule:
(a) An "assistive
			 communication device" means any equipment designed to facilitate communication
			 by an individual with a disability;
(b) An "individual with a disability" means a
			 person who cannot readily understand the proceedings because of deafness or a
			 physical hearing impairment, or cannot communicate in the proceedings because
			 of a physical speaking impairment;
(c) A "non-English speaking" person means a
			 person who, by reason of place of birth or culture, speaks a language other
			 than English and does not speak English with adequate ability to communicate
			 effectively in the proceedings;
(d)
			 A "qualified interpreter" means:
(A) For an
			 individual with a disability, a person readily able to communicate with the
			 individual with a disability, interpret the proceedings and accurately repeat
			 and interpret the statements of the individual with a disability to the
			 presiding officer;
(B) For a
			 non-English speaking person, a person readily able to communicate with the
			 non-English-speaking person and who can orally transfer the meaning of
			 statements to and from English and the language spoken by the non-English
			 speaking person. A qualified interpreter must be able to interpret in a manner
			 that conserves the meaning, tone, level, style and register of the original
			 statement, without additions or omissions. "Qualified interpreter" does not
			 include a person who is unable to interpret the dialect, slang or specialized
			 vocabulary used by the party or witness.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0040 - Conducting Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The contested case hearing shall be
			 conducted by and under the control of the presiding officer. The presiding
			 officer may be the chief administrative officer of the agency, a member of its
			 governing body, or any other person designated by the agency.
(2) If the presiding officer or any decision
			 maker has an actual or potential conflict of interest as defined in ORS
			 244.020(1) or
			 (14), that officer shall comply with the
			 requirements of ORS Chapter 244 (e.g., ORS
			 244.120 and
			 244.130).
(3) The hearing shall be conducted, subject
			 to the discretion of the presiding officer, 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;
(d) Any closing arguments.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0045 - Telephone Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 precluded by law, the agency may, in its discretion, hold a hearing or portion
			 of a hearing by telephone. Nothing in this rule precludes an agency from
			 allowing some parties or witnesses to attend by telephone while others attend
			 in person.
(2) The agency may
			 direct that a hearing be held by telephone upon request or on its own
			 motion.
(3) The agency shall make
			 an audio or stenographic record of any telephone hearing.
(4) If a hearing is to be held by telephone,
			 each party and the agency shall provide, before commencement of the hearing, to
			 all other parties and to the agency and hearing officer copies of the exhibits
			 it intends to offer into evidence at the hearing. 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 and to
			 the agency and hearing officer a copy of each document about which the witness
			 will be questioned.
(5) Nothing in
			 this rule precludes any party or the agency from seeking to introduce
			 documentary evidence in addition to evidence described in section (4) during
			 the telephone hearing and the presiding officer 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 may 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.
(6)
			 The agency may delegate to the presiding officer the discretion to rule on
			 issues raised under this rule.
(7)
			 As used in this rule, "telephone" means any two-way electronic communication
			 device, including video conferencing.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341(1)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0050 - Evidentiary Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(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 presiding officer.
(3) All offered evidence, not objected to,
			 will be received by the presiding officer subject to the officer's power to
			 exclude irrelevant, immaterial, or unduly repetitious matter.
(4) Evidence objected to may be received by
			 the presiding officer. Rulings on its admissibility, if not made at the
			 hearing, shall be made on the record at or before the time a final order is
			 issued.
(5) The presiding officer
			 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 presiding officer
			 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 presiding
			 officer 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.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341(1), ORS
				  183.415, ORS
				  183.450
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0055 - Ex Parte Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ex
			 parte communication is an oral or written communication to an agency decision
			 maker or the presiding officer 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 facts in the record.
(2) If an agency decision maker or presiding
			 officer receives an ex parte communication during the pendency of the
			 proceeding, the officer 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 at the hearing, at a
			 separate hearing for the limited purpose of receiving evidence relating to the
			 ex parte communication, or in writing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0060 - Proposed Orders in Contested Cases, Filing Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a majority of the officials who are to
			 render the final order in a contested case have neither attended the hearing
			 nor reviewed and considered the record, and the order is adverse to a party, a
			 proposed order including findings of fact and conclusions of law shall be
			 served upon the parties.
(2) When
			 the agency serves a proposed order on the parties, the agency shall at the same
			 time or at a later date notify the parties:
(a) 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 officials who will render the final order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0070 - Final Orders in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Final orders in contested cases shall be
			 in writing.
(2) Except as provided
			 in section (3) of this rule, final orders in contested cases shall include the
			 following:
(a) Rulings on admissibility of
			 offered evidence when the rulings are not set forth in the record;
(b) Findings of fact -- those matters that
			 are either agreed as fact or that, when disputed, are determined by the
			 factfinder, on substantial evidence, to be facts over contentions to the
			 contrary. A finding must be made on each fact necessary to reach the
			 conclusions of law on which the order is based;
(c) Conclusion(s) of law -- applications of
			 the controlling law to the facts found and the legal results arising
			 therefrom;
(d) Order -- the action
			 taken by the agency as a result of the facts found and the legal conclusions
			 arising therefrom; and
(e) A
			 citation of the statutes under which the order may be appealed.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0075 - Final Orders by Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The agency may issue a final order by default:
(a) When the agency gave a party an
			 opportunity to request a hearing and the party failed to request a hearing
			 within the time allowed to make a request;
(b) When the party that requested a hearing
			 withdraws the request;
(c) Except
			 as provided in section (2) of this rule, when the agency notified the party of
			 the time and place of the hearing and the party fails to appear at the hearing;
			 or
(d) When the agency notified the
			 party of the time and place of the hearing in a matter in which only one party
			 is before the agency and that party subsequently notifies the agency that the
			 party will not appear at the hearing, unless the agency agreed to reschedule
			 the hearing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0080 - Reconsideration and Rehearing - Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 petition shall
			 set forth the specific grounds for reconsideration or rehearing. The petition
			 may be supported by a written argument.
(3) A rehearing may be limited by the agency
			 to specific matters.
(4) The
			 petition may include a request for stay of a final order if the petition
			 complies with the requirements of OAR 137-003-0090(2).
(5) 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.
(6) 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.
(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) A final order remains in effect during
			 reconsideration or rehearing until stayed or changed.
(9) Following reconsideration or rehearing,
			 the agency shall enter a new order, which may be an order affirming the
			 existing order.
Stat. Authority: ORS
				  183.341
Stats. Implemented: ORS
				  183.341(1)
				  & ORS 183.482(1)
				  & (3)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0091 - Intervention in Stay Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any party identified under OAR 137-003-0090(2)(d)  desiring to participate as a
			 party in the stay proceeding may file a response to the request for
			 stay.
(2) The response shall
			 contain:
(a) The full title of the agency
			 decision as it appears on the order;
(b) The name, address, and telephone number
			 of the person filing the response, except that if the person is represented by
			 an attorney, then the name, address, and telephone number of the attorney shall
			 be included and the person's address and telephone number may be
			 deleted;
(c) A statement accepting
			 or denying each of the statements of facts and reasons provided pursuant to OAR
			 137-003-0090 (2)(f)  in the petitioner's stay request;
(d) A statement accepting, rejecting, or
			 proposing alternatives to the petitioner's statement on the bond, irrevocable
			 letter of credit or undertaking amount or other reasonable conditions that
			 should be imposed on petitioner should the stay request be granted.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0092 - Stay Proceeding and Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The agency may conduct such further proceedings pertaining to the stay request
			 as it deems desirable, including taking further evidence on the matter. Agency
			 staff may present additional evidence in response to the stay request. The
			 agency shall commence such proceedings promptly after receiving the stay
			 request.
(2) The agency shall issue
			 an order granting or denying the stay request within 30 calendar days after
			 receiving it. The agency's order shall:
(a)
			 Grant the stay request upon findings of irreparable injury to the petitioner
			 and a colorable claim of error in the agency order and may impose reasonable
			 conditions, including but not limited to, a bond, irrevocable letter of credit
			 or other undertaking and that the petitioner file all documents necessary to
			 bring the matter to issue before the Court of Appeals within a specified
			 reasonable period of time; or
(b)
			 Deny the stay request upon a finding that the petitioner failed to show
			 irreparable injury or a colorable claim of error in the agency order;
			 or
(c) Deny the stay request upon a
			 finding that a specified substantial public harm would result from granting the
			 stay, notwithstanding the petitioner's showing of irreparable injury and a
			 colorable claim of error in the agency order; or
(d) Grant or deny the stay request as
			 otherwise required by law.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0501 - Rules for Office of Administrative Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 137-003-0501  to 137-003-0700  apply to
			 the conduct of all contested case hearings conducted for an agency by an
			 administrative law judge assigned from the Office of Administrative Hearings
			 unless:
(a) The case is not subject to the
			 procedural requirements for contested cases; or
(b) The Attorney General, after consultation
			 with the Chief Administrative Law Judge, has exempted the agency or a category
			 of the agency's cases, by order, from the application of these rules in whole
			 or in part.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0505 - Contested Case Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 agency is required to issue a contested case notice pursuant to ORS
			 183.415, the notice shall
			 include:
(a) A caption with the name of the
			 agency and the name of the person or agency to whom the notice is issued;
(b) A short and plain statement of
			 the matters asserted or charged and a reference to the particular sections of
			 the statute and rules involved;
(c) A statement of the party's right to be
			 represented by counsel and that legal aid organizations may be able to assist a
			 party with limited financial resources;
(d) A statement of the party's right to a
			 hearing;
(e) A statement of the
			 authority and jurisdiction under which a hearing is to be held on the matters
			 asserted or charged;
(f) Either:
(A) A statement of the procedure and time to
			 request a hearing, the agency address to which a hearing request should be
			 sent, and a statement that if a request for hearing is not received by the
			 agency within the time stated in the notice the person will have waived the
			 right to a contested case hearing; or
(B) A statement of the time and place of the
			 hearing;
(g) A
			 statement indicating whether and under what circumstances an order by default
			 may be entered;
(h) If the party
			 is an agency, corporation, partnership, limited liability company, trust,
			 government body or an unincorporated association, a statement that the party
			 must be represented by an attorney licensed in Oregon, unless statutes
			 applicable to the contested case proceeding specifically provide otherwise;
(i) If the agency proposes a
			 sanction, the sanction that the agency proposes based on the facts alleged in
			 the notice. If the proposed sanction is not the maximum potential sanction, the
			 agency may also state the maximum potential sanction for each violation and
			 that the agency may impose up to the maximum potential sanction provided in the
			 notice, without amending the notice; and,
(j) Any other information required by law.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0510 - Rights of Parties in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may request the administrative
			 law judge to provide to each party written notice of any or all of the
			 information required to be given under ORS
			 183.413(2)
			 before the commencement of the hearing. The administrative law judge shall
			 provide any such written notice personally or by mail.
(2) Unless otherwise precluded by law, the
			 party and the agency, if participating in the contested case hearing, may agree
			 to use alternative methods of dispute resolution in contested case matters.
			 Such alternative methods of resolution may include arbitration or any
			 collaborative method designed to encourage the agency and the parties to work
			 together to develop a mutually agreeable solution, such as negotiation,
			 mediation, use of a facilitator or a neutral fact-finder or settlement
			 conferences, but may not include arbitration that is binding on the
			 agency.
(3) Final disposition of
			 contested cases may be by a final order following hearing or, unless precluded
			 by law, by stipulation, agreed settlement, consent order or final order by
			 default.
(4) A stipulation, agreed
			 settlement or consent order disposing of a contested case must be in writing
			 and signed by the party or parties. By signing such an agreement, the party or
			 parties waive the right to a contested case hearing and to judicial review. The
			 agency or administrative law judge shall incorporate the disposition into a
			 final order. A copy of any final order incorporating an agreement must be
			 delivered or mailed to each party and, if a party is represented by an
			 attorney, to the party's attorney.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341,
				  183.413,
				  183.415,
				  183.630 &
				  183.675
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0515 - Agency Referral to Office of Administrative Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When referring a contested case to the
			 Office of Administrative Hearings, the agency shall provide written notice of
			 the referral to the Office of Administrative Hearings that includes the name of
			 the agency and the name and address of each party and its counsel. The notice
			 may also include the agency case number, the name and address of the agency
			 staff person or the assigned assistant attorney general, if any, upon whom
			 pleadings and other papers should be served, and any other information
			 requested by the Office of Administrative Hearings.
(2) The agency referral notice must be
			 accompanied by a copy of the agency's contested case notice in the case, a copy
			 of any request for hearing and copies of motions or petitions filed with the
			 agency and orders issued by the agency in the contested case.
(3) The agency shall provide a copy of the
			 referral notice to each party or their counsel, if any. The agency may include
			 additional copies of documents already sent to or received from the parties or
			 their counsel with the copy of the referral notice.
(4) After a case has been referred by the
			 agency to the Office of Administrative Hearings, the agency may withdraw the
			 case from the Office of Administrative Hearings if the agency notifies the
			 parties in writing that:
(a) The agency is
			 withdrawing its contested case notice;
(b) All of the issues in the case have been
			 resolved without the need to hold a hearing; or
(c) The agency has determined that it is not
			 appropriate for the case to proceed to a hearing at that time and the reason
			 therefor.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0520 - Filing and Providing Copies of Documents in Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 any other provision of these rules, a hearing request is considered filed when
			 actually received by the agency.
(2) Unless otherwise provided by these rules,
			 any documents filed for the record in the contested case shall be filed as
			 follows:
(a) Before the case is referred by
			 the agency to the Office of Administrative Hearings, with the agency;
(b) After the case is referred to the Office
			 of Administrative Hearings and before the assigned administrative law judge
			 issues a proposed order, with the administrative law judge;
(c) After the assigned administrative law
			 judge issues a proposed order, with the agency, or with the administrative law
			 judge if the administrative law judge will issue the final order or if the
			 document is required to be filed with the administrative law judge pursuant to
			 OAR 137-003-0650.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0525 - Scheduling Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to
			 the approval of the agency, the Office of Administrative Hearings or assigned
			 administrative law judge shall:
(a) Set the
			 date and time of the hearing, including a postponed or continued
			 hearing;
(b) Determine the location
			 of the hearing; and
(c) Determine
			 whether cases shall be consolidated or bifurcated, except that, in accordance
			 with OAR 137-003-0560(5), emergency suspension hearings shall not be
			 consolidated with any related agency proceedings affecting the license, unless
			 the party agrees to the consolidation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0528 - Late Hearing Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The agency must accept a properly
			 addressed hearing request that was not timely filed if it was postmarked within
			 the time specified for timely filing, unless any of the following applies:
(A) A statute prohibits the agency from
			 accepting it;
(B) The agency has
			 adopted an administrative rule exempting itself from this requirement based on
			 operational conflicts; or
(C) The
			 agency receives the request 60 calendar days or more after the entry of the
			 final order by default or other deadline established by applicable statute or
			 agency rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0530 - Late Filing and Amendment of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise provided by law, when a
			 party or agency fails to file any document for the contested case proceeding,
			 except a hearing request, within the time specified by agency rules or these
			 rules of procedure, the late filing may be accepted if the agency or
			 administrative law judge determines that there was good cause for failure to
			 file the document within the required time.
(2) The decision whether a late filing will
			 be accepted shall be made:
(a) By the agency
			 if OAR 137-003-0520  requires the document to be filed with the agency;
			 or
(b) By the administrative law
			 judge if OAR 137-003-0520  requires the document to be filed with the Office of
			 Administrative Hearings or the assigned administrative law judge.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0535 - Participation as Party or Limited Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may by rule or in writing
			 identify persons or entities who shall be parties or limited parties.
(2) Persons who have an interest in the
			 outcome of the agency's contested case proceeding or who represent a public
			 interest in such result may request to participate as parties or limited
			 parties. Unless otherwise provided by law, a person requesting to participate
			 as a party or limited party shall file a petition with the agency and shall
			 include a sufficient number of copies of the petition for service on all
			 parties.
(3) The petition shall be
			 filed at least 21 calendar days before the date set for the hearing, unless the
			 agency by rule has set a different deadline or unless the agency and the
			 parties agree to a different deadline. Petitions untimely filed shall not be
			 considered unless the agency determines that good cause has been shown for
			 failure to file within the required time.
(4) The petition shall include the following:
(a) Names and addresses of the petitioner and
			 of any organization the petitioner represents;
(b) Name and address of the petitioner's
			 attorney, if any;
(c) A statement
			 of whether the request is for participation as a party or a limited party, and,
			 if as a limited party, the precise area or areas in which participation is
			 sought;
(d) If the petitioner seeks
			 to protect a personal interest in the outcome of the agency's proceeding, a
			 detailed statement of the petitioner's interest, economic or otherwise, and how
			 such interest may be affected by the results of the proceeding;
(e) If the petitioner seeks to represent a
			 public interest in the results of the proceeding, a detailed statement of such
			 public interest, the manner in which such public interest will be affected by
			 the results of the proceeding, and the petitioner's qualifications to represent
			 such public interest;
(f) A
			 statement of the reasons why existing parties to the proceeding cannot
			 adequately represent the interest identified in subsection (4)(d) or (e) of
			 this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0540 - Agency Participation as Interested Agency or Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time after an agency refers a
			 contested case to the Office of Administrative Hearings, the agency may also
			 notify the parties that it intends to name any other agency that has an
			 interest in the outcome of that proceeding as a party or as an interested
			 agency, either on its own initiative or upon request by that other
			 agency.
(2) Each party shall have
			 seven calendar days from the date of service of the notice to file objections.
			 The agency may establish a shorter or longer period of time for filing
			 objections.
(3) The agency decision
			 to name an agency as a party or as an interested agency shall be by written
			 order and served promptly on the parties, the named agency and the Office of
			 Administrative Hearings or assigned administrative law judge.
(4) An agency named as a party or as an
			 interested agency has the same procedural rights and shall be given the same
			 notices as any party in the proceeding. An interested agency, unlike a party,
			 has no right to judicial review.
(5) An agency may not be named as a party
			 under this rule without written authorization of the Attorney
			 General.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  180.060,
				  180.220,
				  183.341,
				  183.415(4)
				  & OL 1999, Ch. 849
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0545 - Representation of Agency by Attorney General or Agency Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency may
			 be represented at a contested case hearing by the Attorney General.
(2) An agency may be represented at a
			 contested case hearing by an officer or employee of the agency if the Attorney
			 General has consented to that representation in a particular hearing or class
			 of hearings and the agency, by rule, has authorized an agency representative to
			 appear on its behalf in the particular type of contested case hearing
			 involved.
(3) The administrative
			 law judge shall not allow an agency representative appearing under section (2)
			 of this rule to present legal argument as defined in this rule.
(a) "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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0550 - Representation of Parties; Out-of-state Attorneys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Natural persons who are parties in a
			 contested case may represent themselves or may be represented by an attorney or
			 other representative as authorized by federal or state law, including ORS
			 183.458.
(2) Corporations, partnerships, limited
			 liability companies, unincorporated associations, trusts and government bodies
			 must be represented by an attorney except as provided in OAR 137-003-0555  or as
			 otherwise authorized by law.
(3)
			 Unless otherwise provided by law, an out-of-state attorney may not represent a
			 party to a contested case unless the out-of-state attorney is granted
			 permission to appear in the matter pursuant to Oregon Uniform Trial Court Rule
			 3.170. Local counsel who
			 obtained the order on behalf of the out-of-state attorney must participate
			 meaningfully in the contested case in which the out-of-state attorney
			 appears.
(4) Even if section (2)
			 applies, a request for hearing will not be deemed to be invalid solely because
			 it was not signed by a person licensed to practice law in Oregon as long as an
			 attorney ratifies the request, in writing, within 28 days of the date that the
			 request was received by the agency. The filing date will be determined by the
			 date the hearing request was received, not by the ratification date. This
			 requirement applies to hearing requests received after January 31,
			 2012.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  9.320,
				  183.341,
				  183.458 &
				  183.630