Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 3 - CONTESTED CASE PROCEDURES › Section 845-003-0670 - Retained Authority of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commissioners retain all authority
			 not specifically delegated.
(2) The
			 Commissioners delegate to the Administrator the authority to grant or deny late
			 hearing requests (frequently called Requests for Relief From Default) as
			 provided in OAR 137-003-0528.
(3) The Commissioners delegate to the
			 Administrator the authority to grant or deny requests to participate as a
			 party, limited party or interested agency in a contested case under OAR
			 137-003-0535 or
			 137-003-0540 and to make all
			 decisions incidental to the request, including, but not limited to, specifying
			 the areas of participation and procedural limitations of participation,
			 granting or denying late petitions, shortening the time within which responses
			 to the petition shall be filed and/or postponing the hearing until disposition
			 is made of the petition.
(4) The
			 Commissioners delegate to the Administrator the authority to grant or deny a
			 petition for an order to take a deposition of a party pursuant to OAR
			 137-003-0572. This authority
			 includes, but is not limited to, the ability to designate the terms of the
			 deposition such as the location, manner of recording, time of day and persons
			 permitted to be present during the deposition.
(5) The Commissioners delegate to the
			 Administrator the authority to grant or deny discovery motions pursuant to OAR
			 137-003-0568 submitted prior to
			 referral of the contested case to the Office of Administrative Hearings and, if
			 applicable, after the assigned administrative law judge issues a proposed
			 order.
(6) The Commissioners
			 delegate to the Administrator the authority to respond to questions transmitted
			 to the agency as set forth in OAR
			 137-003-0635. The scope of the
			 issues that may be transmitted to the agency includes the agency's
			 interpretation of its rules and applicable statutes and which rules or statutes
			 apply to a proceeding.
(7) The
			 Commissioners delegate to the Administrator the authority to adopt a Final
			 Order based upon an informal disposition by settlement.
(8) The Commissioners delegate to the
			 Administrator the authority to issue Final Orders by Default.
(9) The Commissioners delegate to the
			 Administrator the authority to adopt a Final Order based upon a proposed order
			 where exceptions are not filed timely and the order is not otherwise subject to
			 review by the Commissioners.
(10)
			 The Commissioners delegate to the Administrator the authority to grant or deny
			 requests for extension of time within which to file exceptions or comments to a
			 proposed order, in conformity with the requirements of OAR
			 845-003-0590(3).
(11) The Commissioners delegate to the
			 Administrator the authority to grant or deny a motion to postpone oral argument
			 to the Commissioners on any comments or exceptions to a proposed
			 order.
(12) The Commissioners
			 delegate to the Administrator the authority to grant or deny requests for
			 reconsideration or rehearing and any stay request based on these requests for
			 reconsideration or rehearing when exceptions or a request to reopen the record
			 has been made by the same participant in the same case.
(13) The Commissioners delegate to the
			 Administrator the authority to grant or deny a request to stay the enforcement
			 of a Final Order pending judicial review and in cases where judicial review has
			 not been requested.
Statutory/Other Authority: 471.730(5) & (6), ORS
				  183.341(2)
				  & 475C.017(2)(d)
Statutes/Other Implemented: ORS
				  183.341(2)