Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0009 - Notice, Hearing and Record in Contested Cases; Informal Dispositions; Hearings Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 a contested case hearing, all parties shall be afforded an opportunity for
			 hearing after notice of not less than 20 days, served personally or by
			 registered or certified mail.
(2)
			 The notice shall include:
(a) A statement of
			 the party's right to hearing, with a description of the procedure and time to
			 request a hearing, or a statement of the time and place of the
			 hearing;
(b) A statement of the
			 authority and jurisdiction under which the hearing is to be held;
(c) A reference to the particular sections of
			 the statutes and rules involved;
(d) A short and plain statement of the
			 matters asserted or charged, and identifying the issues to be considered at the
			 hearing;
(e) A statement indicating
			 whether and under what circumstances an order by default may be
			 entered;
(f) A statement that a
			 party may be represented by counsel and that legal aid organizations may be
			 able to assist a party with limited financial resources;
(g) A statement that the party has the right
			 to respond to all issues properly before the presiding officer and present
			 evidence and witnesses on those issues as allowed by the applicable rules under
			 which the hearing is held.
(h) A
			 statement indicating whether discovery is permitted and, if so, how discovery
			 may be requested.
(i) A general
			 description of the hearing procedure including the order of presentation of
			 evidence, what kinds of evidence are admissible, whether objections may be made
			 to the introduction of evidence and what kind of objections may be made and an
			 explanation of the burdens of proof or burdens of going forward with the
			 evidence.
(j) Whether a record will
			 be made of the proceedings and the manner of making the record and its
			 availability to the parties.
(k)
			 The function of the record-making with respect to the perpetuation of the
			 testimony and evidence and with respect to any appeal from the determination or
			 order of the agency.
(l) Whether an
			 attorney will represent the agency in the matters to be heard and whether the
			 parties ordinarily and customarily are represented by an attorney.
(m) The title and function of the person
			 presiding at the hearing with respect to the decision process, including, but
			 not limited to, the manner in which the testimony and evidence taken by the
			 person presiding at the hearing are reviewed, the effect of that person's
			 determination, who makes the final determination on behalf of the agency,
			 whether the person presiding at the hearing is or is not an employee, officer
			 or other representative of the agency and whether that person has the authority
			 to make a final independent determination.
(n) In the event a party is not represented
			 by an attorney, whether the party may during the course of proceedings request
			 a recess if at that point the party determines that representation by an
			 attorney is necessary to the protection of the party's rights.
(o) Whether there exists an opportunity for
			 an adjournment at the end of the hearing if the party then determines that
			 additional evidence should be brought to the attention of the agency and the
			 hearing reopened.
(p) Whether there
			 exists an opportunity after the hearing and prior to the final determination or
			 order of the agency to review and object to any proposed findings of fact,
			 conclusions of law, summary of evidence or recommendations of the officer
			 presiding at the hearing.
(q) A
			 description of the appeal process from the determination or order of the
			 agency.
(r) Unless otherwise
			 ordered by the presiding officer, the names and mailing addresses of all
			 parties to whom notice is being given and, if known, the names and addresses of
			 their representatives;
(s) The
			 official file or other reference number and the name of the
			 proceeding;
(t) The name, official
			 title, mailing address, and telephone number of the presiding officer, if
			 known; and
(u) Any other matters
			 considered desirable by the agency.