reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0555 - Authorized Representative of Parties Before 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, Office 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
			 196.990; 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, an
			 authorized officer or employee of a governmental authority other than a state
			 agency or other authorized representatives recognized by state or federal
			 law;
(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 137-003-0560 - 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 137-003-0565 - Use of Collaborative Dispute Resolution in Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an agency
			 issues a contested case notice, the party(ies) and the agency, if participating
			 in the contested case hearing, may agree to participate in a collaborative
			 dispute resolution (DR) process to resolve any issues relevant to the notice .
			 Neither a 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) The agency, if
			 participating in the contested case hearing, or the administrative law judge,
			 if the agency is not participating in the contested case hearing, may establish
			 a deadline for the conclusion of the collaborative DR process,
(3) The participants in the collaborative DR
			 process 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 party(ies),
			 and the agency if participating in the contested case hearing, have agreed to
			 participate in a collaborative DR process and a party makes a timely request
			 for a contested case hearing, 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.
(5) Collaborative dispute resolution may
			 occur at any time before issuance of a final order. Any informal disposition of
			 the contested case shall be consistent with ORS
			 183.417(3) and
			 OAR 137-003-0510(4).
Stat. Auth.: ORS
				  183.341 &
				  183.502
Stats. Implemented: ORS
				  183.341,
				  183.415(5)
				  & 183.502
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0566 - Discovery in Contested Case Hearing - Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before the hearing, upon request by the
			 agency or by a party, the agency and each party must provide:
(a) The names, telephone numbers, and
			 addresses of witnesses expected to testify at the hearing, except rebuttal
			 witnesses;
(b) Documents that the
			 party or agency plans to offer as evidence;
(c) Objects for inspection, if the party or
			 agency plans to offer the objects as evidence:
(d) Responses to no more than 20 requests for
			 admission (each subpart to count as a separate request) unless otherwise
			 authorized, limited, or prohibited by the administrative law judge;
			 and,
(e) Responses to no more than
			 20 written interrogatories (each subpart to count as a separate interrogatory),
			 unless otherwise authorized, limited, or prohibited by the administrative law
			 judge.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0567 - Discovery in Contested Case Hearing - Standard

Current through Register Vol. 63, No. 7, July 1, 2024
Any discovery request must be reasonably likely to produce
				information that is generally relevant and necessary to the case, or is likely
				to facilitate resolution of the case.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341 &
				  183.630
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0569 - Discovery in Contested Case Hearing - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The administrative law judge may refuse
			 to admit evidence that was not disclosed in response to a discovery order or
			 discovery request, unless the party or agency that failed to provide discovery
			 offers a satisfactory reason for having failed to do so, or unless excluding
			 the evidence would violate the duty to conduct a full and fair inquiry under
			 ORS 183.417(8). If
			 the administrative law judge admits evidence that was not disclosed as ordered
			 or requested, the administrative law judge must, upon request, grant a
			 continuance to allow an opportunity for the agency or other party to respond to
			 the undisclosed evidence. The requirement to grant continuances shall not apply
			 in implied consent proceedings conducted pursuant to ORS chapter 813.
(2) Failure to respond to a request for
			 admissions required by a discovery order shall be deemed an admission of
			 matters that are the subject of the request for admissions, unless the party or
			 agency failing to respond offers a satisfactory reason for having failed to do
			 so, or unless excluding additional evidence on the subject of the request for
			 admissions would violate the duty to conduct a full and fair inquiry under ORS
			 183.417(8). If
			 the administrative law judge does not treat failure to respond to the request
			 for admissions as admissions, the administrative law judge may grant a
			 continuance to enable the parties and the agency to develop the record as
			 needed.
(3) Nothing in OAR chapter
			 137, division 3, shall be construed to require the agency or any party to
			 provide information that is confidential or privileged under state or federal
			 law, except that upon request the agency or any party must disclose all
			 documents that the agency or party intends to introduce at the
			 hearing.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341 &
				  183.630
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0572 - Depositions in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Depositions may not be taken in contested cases without agency
			 authorization.
(2) A party or an
			 attorney representing the agency may petition the agency for an order to take a
			 deposition of a witness. A copy of the petition shall be sent to all other
			 parties and the administrative law judge. The petition shall include the name
			 and address of the witness, explain why the witness's testimony is material to
			 the proceedings and explain why no other means of obtaining the witness's
			 testimony for the hearing is adequate. As used in this rule, materiality means
			 the testimony sought tends to make the existence of any fact that is of
			 consequence to the determination of the issues more or less probable.
(3) The agency shall consider the petition
			 and issue a written order either granting or denying the deposition. If the
			 agency grants the deposition, the deposition shall be taken on such terms as
			 the agency may order including, but not limited to, location, manner of
			 recording, time of day, persons permitted to be present and duration.
(4) Examination and cross-examination of
			 deponents may proceed as permitted at hearing.
(5) The testimony of the deponent shall be
			 recorded.
(6) All objections made
			 at the time of the examination shall be noted on the record.
(7) At any time during the taking of a
			 deposition, upon motion and a showing by a party, the agency or a deponent that
			 the deposition is being conducted or hindered in bad faith or in a manner not
			 consistent with these rules or in such manner as unreasonably to annoy,
			 embarrass or oppress the deponent, the agency or any party, the agency may
			 order the examination to cease or may limit the scope or manner of the taking
			 of the deposition. The taking of the deposition shall be suspended for the time
			 necessary to make a motion under this subsection.
(8) Documents and things produced for
			 inspection during the examination of the witness shall, upon the request of a
			 party or the agency, be marked for identification and annexed to and returned
			 with the deposition, and may be inspected and copied by any party or the
			 agency.
(9) Deposition of a
			 non-party may be compelled by a subpoena issued by the agency. The agency or
			 the party requesting the deposition may apply to circuit court to compel
			 obedience to a subpoena issued to compel a deposition.
(10) Unless otherwise prohibited by law, the
			 agency may delegate to the administrative law judge its authority to authorize
			 or limit depositions. Unless expressly required by law or expressly stated in
			 the delegation by the agency, an administrative law judge may not require the
			 agency to pay for any deposition taken by a party.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341,
				  183.425 & OL 1999, Ch.
				  849
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0573 - 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 administrative law
			 judge 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 137-003-0575 - Prehearing Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 hearing, the administrative law judge may conduct one or more prehearing
			 conferences to facilitate the conduct and resolution of the case. The
			 administrative law judge may convene the conference on the initiative of the
			 administrative law judge or at the agency's or a party's request.
(2) Prior to the conference, the
			 administrative law judge shall notify the party and the agency, if
			 participating, of the purposes of the conference and the matters to be
			 considered. The agency or any party may request that additional matters be
			 considered at the conference by providing notice in writing to the
			 administrative law judge, the parties and the agency.
(3) The party and the agency, if
			 participating in the contested case hearing, shall appear at a prehearing
			 conference through legal counsel or through persons authorized to represent the
			 party or the agency in the contested case hearing.
(4) 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 or immaterial
			 issues;
(d) To obtain stipulations
			 of fact and to admit documents into evidence;
(e) To provide to the administrative law
			 judge, 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
			 assist in identifying whether the case might be appropriate for settlement or
			 for a collaborative dispute resolution process and, if the agency agrees that
			 the case is appropriate, to refer the case to the agency for settlement
			 discussions or for exploration or initiation of a collaborative dispute
			 resolution process;
(i) To schedule
			 the date, time and location of the hearing or for any other matters connected
			 with the hearing, including dates for pre-filed testimony and exhibits and
			 exchange of exhibits and witness lists; and
(j) To consider any other matters that may
			 expedite the orderly conduct of the proceeding.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0580 - Motion for Summary Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Not less than 28 calendar days before the
			 date set for hearing, the agency or a party may file a motion requesting a
			 ruling in favor of the agency or party on any or all legal issues (including
			 claims and defenses) in the contested case. The motion, accompanied by any
			 affidavits or other supporting documents, shall be served on the agency and
			 parties in the manner required by OAR 137-003-0520.
(2) Within 14 calendar days after service of
			 the motion, the agency or a party may file a response to the motion. The
			 response may be accompanied by affidavits or other supporting documents and
			 shall be served on the agency and parties in the manner required by OAR
			 137-003-0520.
(3) The
			 administrative law judge may establish longer or shorter periods than those
			 under section (1) and (2) of this rule for the filing of motions and
			 responses.
(4) The agency by rule
			 may elect not to make available this process for summary
			 determination.
(5) The party and
			 the agency may stipulate to a record, including a record limited to documents,
			 upon which a summary determination shall be made.
(6) The administrative law judge shall grant
			 the motion for a summary determination if:
(a) The pleadings, affidavits, supporting
			 documents (including any interrogatories and admissions) and the record in the
			 contested case show that there is no genuine issue as to any material fact that
			 is relevant to resolution of the legal issue as to which a decision is sought;
			 and
(b) The agency or party filing
			 the motion is entitled to a favorable ruling as a matter of law.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0585 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subpoenas for
			 the attendance of witnesses or the production of documents at the hearing may
			 be issued as follows:
(a) By an agency on its
			 own motion or by an Assistant Attorney General on behalf of the
			 agency;
(b) By the agency or
			 administrative law judge upon the request of a party to a contested case upon a
			 showing of general relevance and reasonable scope of the evidence sought;
			 and
(c) By an attorney representing
			 a party on behalf of that party.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0590 - 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;
(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 137-003-0595 - Public Attendance; Exclusion of Witnesses; Removal of Disruptive Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise required by law, contested case hearings are open to the public
			 unless the agency by rule or in writing determines that the hearing will be
			 closed to non-participants in the hearing.
(2) The administrative law judge may exclude
			 witnesses from the hearing, except for a party, a party's authorized
			 representative, expert witnesses, the agency representative, one agency officer
			 or employee and any persons authorized by statute to attend.
(3) An administrative law judge may expel any
			 person from the contested case hearing if that person engages in conduct that
			 disrupts the hearing.
(4) Any
			 party, party's representative, agency or agency's representative, having
			 knowledge or reasonable belief that any person participating in the hearing may
			 present a danger or may be a threat to anyone involved in the hearing, should
			 immediately notify the Office of Administrative Hearings or the assigned
			 administrative law judge, if any, the agency and the parties or their
			 representatives, if appropriate, of the potential danger.
(5) An administrative law judge, the Office
			 of Administrative Hearings, or the agency may take any other measures
			 reasonably required to ensure the safety and security of the participants in
			 the hearing.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341 & OL 1999, Ch.
				  849
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0600 - Conducting the 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 administrative law judge assigned
			 from the Office of Administrative Hearings.
(2) If the administrative law judge has an
			 actual or potential conflict of interest as defined in ORS
			 244.020(1) or
			 (12), that administrative law judge shall
			 comply with the requirements of ORS Chapter 244 (e.g.,
			 244.120 and
			 244.130).
(3) At the commencement of the hearing, the
			 administrative law judge shall explain the issues involved in the hearing and
			 the matters that the parties must either prove or disprove.
(4) The hearing shall be conducted 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; and
(d) Any closing arguments.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0605 - Telephone Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 precluded by law, the administrative law judge may hold a hearing or portion of
			 a hearing by telephone and may permit a party or witness to appear at a hearing
			 by telephone.
(2) If a hearing is
			 to be held by telephone, each party and the agency, if participating in the
			 contested case hearing, shall provide, before the commencement of the hearing,
			 to all other parties, to the agency and to the administrative law judge copies
			 of the exhibits it intends to offer into evidence at the hearing.
(3) 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, to the
			 agency, if participating in the contested case hearing, and to the
			 administrative law judge a copy of each document about which the witness will
			 be questioned.
(4) Nothing in this
			 rule precludes any party or the agency from seeking to introduce documentary
			 evidence in addition to evidence described in section (2) during the telephone
			 hearing. The administrative law judge 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 must 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.
(5) The
			 administrative law judge shall make an audio or stenographic record of any
			 telephone hearing.
(6) As used in
			 this rule, "telephone" means any two-way or multi-party electronic
			 communication device, including video conferencing.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341 &
				  183.630
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0610 - 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 administrative law judge.
(3) All offered evidence, not objected to,
			 will be received by the administrative law judge subject to the administrative
			 law judge's power to exclude irrelevant, immaterial, or unduly repetitious
			 matter.
(4) Evidence objected to
			 may be received by the administrative law judge. If the administrative law
			 judge does not rule on its admissibility at the hearing, the administrative law
			 judge shall do so either on the record before a proposed order is issued or in
			 the proposed order. If the administrative law judge has authority to issue a
			 final order without first issuing a proposed order, the administrative law
			 judge may rule on the admissibility of the evidence in the final
			 order.
(5) The administrative law
			 judge 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 administrative law
			 judge 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
			 administrative law judge 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,
				  183.450 & OL 1999, Ch.
				  849
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0615 - Judicial Notice and Official Notice of Facts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The administrative law judge may take
			 notice of judicially cognizable facts on the record before issuance of the
			 proposed order or in the proposed order or, if the administrative law judge has
			 authority to issue a final order without first issuing a proposed order, before
			 the final order is issued. The agency or party(ies) may present rebuttal
			 evidence.
(2) The administrative
			 law judge may take official notice of general, technical or scientific facts
			 within the specialized knowledge of the administrative law judge.
(a) If the administrative law judge takes
			 official notice of general, technical or scientific facts, the administrative
			 law judge shall provide such notice to the parties and the agency, if the
			 agency is participating in the contested case hearing, before the issuance of
			 the proposed order or, if the administrative law judge has authority to issue a
			 final order without first issuing a proposed order, before the final order is
			 issued.
(b) The agency or a party
			 may object or may present rebuttal evidence in response to the administrative
			 law judge's official notice of general, technical or scientific
			 facts.
(c) If an objection is made
			 or if rebuttal evidence is presented, the administrative law judge shall rule
			 before the issuance of the proposed order or in the proposed order or, if the
			 administrative law judge has authority to issue a final order, in the final
			 order on whether the noticed facts will be considered as evidence in the
			 proceeding.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0625 - Ex Parte Communications with Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, an ex parte
			 communication is:
(a) An oral or written
			 communication;
(b) By a party, a
			 party's representative or legal adviser, any other person who has a direct or
			 indirect interest in the outcome of the proceeding, any other person with
			 personal knowledge of the facts relevant to the proceeding, or any officer,
			 employee or agent of the agency;
(c) That relates to a legal or factual issue
			 in the contested case proceeding;
(d) Made directly or indirectly to the
			 administrative law judge;
(e) While
			 the contested case proceeding is pending;
(f) That is made without notice and
			 opportunity for the agency and all parties to participate in the
			 communication.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0630 - Motions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for
			 any order or other relief may be made by filing a motion in writing. The motion
			 need not be in any particular form.
(2) Before filing any motion, the moving
			 party or agency should make a good faith effort to confer with any non-moving
			 party or agency regarding the order or relief sought to seek agreement about
			 the subject of the motion. The moving party or agency need not make an effort
			 to confer if efforts to confer would pose a risk to any person or would be
			 futile. Any motion must describe the effort to confer and the result of the
			 effort, or explain why the moving party or agency made no effort to confer with
			 the non-moving party or agency.
(3)
			 Unless otherwise provided by statute or rule, all motions shall be filed in
			 writing at least 14 calendar days before the date set for the hearing and a
			 copy provided to the parties and to the agency in the manner required by OAR
			 137-003-0520  except:
(a) Motions seeking to
			 intervene or to be granted party status under OAR 137-003-0535,
(b) Motions made in a pre-hearing
			 conference,
(c) Motions for a
			 ruling on legal issues under OAR 137-003-0580; and
(d) Motions to continue a scheduled
			 conference or hearing,
(e) Motions
			 to quash a subpoena under OAR 137-003-0585  when the subpoena is served less
			 than 14 days before the date set for the hearing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0635 - Transmittal of Questions to the Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Questions regarding the following issues
			 may be transmitted to the agency:
(a) The
			 agency's interpretation of its rules and applicable statutes; or
(b) Which rules or statutes apply to a
			 proceeding.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0640 - Immediate Review by Chief Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before issuance of a proposed order or
			 before issuance of a final order if the administrative law judge has authority
			 to issue a final order, the agency or a party may seek immediate review by the
			 Chief Administrative Law Judge of the administrative law judge's decision on
			 any of the following:
(a) A ruling on a
			 motion to quash a subpoena under OAR 137-003-0585;
(b) A ruling refusing to consider as evidence
			 judicially or officially noticed facts presented by the agency under OAR
			 137-003-0615  that is not rebutted by a party;
(c) A ruling on the admission or exclusion of
			 evidence based on a claim of the existence or non-existence of a
			 privilege;
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0645 - Proposed Orders in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the administrative law judge is
			 authorized or required to issue a final order without first issuing a proposed
			 order, the administrative law judge shall prepare a proposed order.
(2) The proposed order shall be based
			 exclusively on:
(a) The pleadings, including
			 the contested case notice, and motions;
(b) The applicable law;
(c) Evidence and arguments;
(d) Stipulations;
(e) Ex parte written communications received
			 by the administrative law judge, memoranda prepared by the administrative law
			 judge reflecting the substance of any ex parte oral communications made to the
			 administrative law judge, written responses made by the administrative law
			 judge and any memoranda prepared by the administrative law judge reflecting the
			 substance of any oral responses made by the administrative law judge;
(f) Judicially cognizable facts and matters
			 officially noticed;
(g) Proposed
			 findings of fact and written argument submitted by a party or the
			 agency;
(h) Intermediate orders or
			 rulings by the administrative law judge or Chief Administrative Law Judge;
			 and
(i) Any other material made
			 part of the record of the hearing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0650 - Exceptions to Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the recommended action in the proposed order is adverse to any party or the
			 agency, the party or agency may file exceptions and present argument to the
			 agency or, if authorized to issue a final order, to the administrative law
			 judge.
(2) The agency shall by rule
			 or in writing describe:
(a) Where and 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 official(s) who will render the final order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0655 - Further Hearing and Issuance of Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After issuance of the proposed order, if
			 any, the administrative law judge shall not hold any further hearing or revise
			 or amend the proposed order except at the request of the agency, except as
			 provided in this subsection. The administrative law judge may withdraw a
			 proposed order for correction within three working days of issuance of the
			 proposed order. If the administrative law judge withdraws a proposed order for
			 correction, the time for filing exceptions shall begin on the date the
			 administrative law judge issues the corrected proposed order.
(2) If the agency requests the administrative
			 law judge to conduct a further hearing under section (1) of this rule, the
			 agency shall specify the scope of the hearing and the issues to be addressed.
			 After further hearing, the administrative law judge shall issue a proposed
			 order.
(3) If the administrative
			 law judge's proposed order recommended a decision favorable to a party and the
			 agency intends to reject that recommendation and issue an order adverse to that
			 party, the agency shall issue an amended proposed order if:
(a) The official(s) who are to render the
			 final order have not considered the record; or
(b) The changes to the proposed order are not
			 within the scope of any exceptions or agency comment to which there was an
			 opportunity to respond.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0660 - Ex Parte Communications to Agency during Review of Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, an ex parte communication is an oral or written communication to an
			 agency decision maker during its review of the contested case 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 legal issues or about facts in the record.
(2) If an agency decision maker receives an
			 ex parte communication during its review of a contested case, the decision
			 maker 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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0665 - 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 (5) of this rule, all final orders in contested cases shall include
			 the following:
(a) Each of the elements
			 identified in OAR 137-003-0645(3)(a)-(h),
(b) An Order stating the action taken by the
			 agency as a result of the facts found and the legal conclusions arising there
			 from; and
(c) 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 137-003-0670 - Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies when the agency issues
			 a notice of proposed action that does not become final in the absence of a
			 request for hearing. The agency or, if authorized, the administrative law judge
			 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 the
			 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 or administrative law judge 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 or
			 administrative law judge 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 or administrative law judge that the party
			 will not appear at the hearing, unless the agency or administrative law judge
			 agreed to reschedule the hearing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0672 - Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies when the agency has issued a contested case notice containing an order
			 that was to become effective unless a party requested a hearing, has designated
			 the agency file, including all materials submitted by a party, as the record,
			 and the record constitutes a prima facie case.
(2) When the agency gives a party an
			 opportunity to request a hearing and the party fails to request a hearing
			 within the time allowed to make the request, the agency order is final and no
			 further order need be served upon the party. The party may make a late hearing
			 request as provided in OAR 137-003-0528.
(3) After a party requests a hearing, the
			 agency or the administrative law judge will dismiss the request for hearing,
			 and the agency order is final as if the party never requested a hearing if:
(a) The party that requested a hearing
			 withdraws the request;
(b) The
			 agency or administrative law judge notifies the party of the time and place of
			 the hearing and the party fails to appear at the hearing; or
(c) In a matter in which only one party is
			 before the agency, the agency or administrative law judge notifies the party of
			 the time and place of the hearing, and the party notifies the agency or
			 administrative law judge that the party will not appear at the hearing, unless
			 the agency or administrative law judge agrees to reschedule the
			 hearing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0675 - Reconsideration and Rehearing - Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise provided by statute, 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
			 agency may, by rule, require a party to file a petition for reconsideration or
			 rehearing as a condition of judicial review. The agency may, by rule or in
			 writing, require any petition for reconsideration or rehearing to be filed with
			 the administrative law judge.
(3)
			 The petition shall set forth the specific grounds for reconsideration or
			 rehearing. The petition may be supported by a written argument.
(4) The petition may include a request for
			 stay of a final order if the petition complies with the requirements of OAR
			 137-003-0690(3).
(5) 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.
(6) 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.
(a) If the agency determines that
			 reconsideration alone is appropriate, the agency shall enter a new final order
			 in accordance with OAR 137-003-0665, which may be an order affirming the
			 existing order.
(b) If the agency
			 determines that rehearing is appropriate, the agency shall decide upon the
			 scope of the rehearing. The agency shall request the administrative law judge
			 to conduct further hearing on such issues as the agency specifies and to
			 prepare a proposed order as appropriate. The agency shall issue a new final
			 order in accordance with OAR 137-003-0665. The agency may adopt the proposed
			 order prepared by the administrative law judge as the final order, or modify
			 the proposed order and issue the modified order as the final order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0695 - Intervention in Stay Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any party identified under OAR 137-003-0690(3)(d)  desiring to participate as a
			 party in the stay proceeding may file a response to the request for
			 stay.
(2) The agency may, by rule
			 or in writing, require the response to be filed with the administrative law
			 judge.
(3) 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
			 137-003-0690(3)(f)  in the petition-er's stay request; and
(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.