Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 16 - ADMINISTRATIVE PROCEDURES › Section 350-016-0008 - Notice to Party Before Hearing of Rights and Procedure; Legislative Findings; Failure to Provide Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Citizens have a right to be informed as to the procedures by which contested
			 cases are heard by the commission, their rights in hearings before the
			 commission, the import and effect of hearings before the commission and their
			 rights and remedies with respect to actions taken by the commission.
			 Accordingly, it is the purpose of subsections (2) to (4) of this section to set
			 forth certain requirements of the commission so that citizens shall be fully
			 informed as to these matters when exercising their rights before the
			 commission.
(2) Prior to the
			 commencement of a contested case hearing before the commission, the commission
			 shall inform each party to the hearing of the following matters:
(a) If a party is not represented by an
			 attorney, 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.
(b) The manner of making the record and its
			 availability to the parties.
(c)
			 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 commission.
(d)
			 Whether an attorney will represent the commission in the matters to be heard
			 and whether the parties ordinarily and customarily are represented by an
			 attorney.
(e) 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, whether the person presiding at the hearing is
			 or is not an employee, officer or other representative of the commission and
			 whether that person has the authority to make a final independent
			 determination.
(f) 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.
(g) 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 commission and the hearing reopened.
(h) Whether there exists an opportunity after
			 the hearing and prior to the final determination or order of the commission to
			 review and object to any proposed findings of fact, conclusions of law, summary
			 of evidence or recommendations of conclusions of law, summary of evidence or
			 recommendations of the officer presiding at the hearing.
(i) A description of the appeal process from
			 the determination or order of the commission.