Oregon Administrative Code

137-003-0037 Qualified Interpreters (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 understa…

137-003-0040 Conducting Contested Case Hearing (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 des…

137-003-0045 Telephone Hearings (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 pers…

137-003-0050 Evidentiary Rules (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 la…

137-003-0055 Ex Parte Communications (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 c…

137-003-0060 Proposed Orders in Contested Cases, Filing Exceptions (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 or…

137-003-0070 Final Orders in Contested Cases (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…

137-003-0075 Final Orders by Default (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 he…

137-003-0080 Reconsideration and Rehearing — Contested Cases (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 …

137-003-0090 Stay Request (1) Any person who submits a hearing request after a final order by default has been issued or petitions for reconsideration, rehearing or judicial review may request the agency to stay the enforcement of the agency order that is the subject of the petit…

137-003-0091 Intervention in Stay Proceeding (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 i…

137-003-0092 Stay Proceeding and Order (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 agen…

137-003-0501 Rules for Office of Administrative Hearings (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…

137-003-0505 Contested Case Notice (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 plai…

137-003-0510 Rights of Parties in Contested Cases (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 …

137-003-0515 Agency Referral to Office of Administrative Hearings (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 an…

137-003-0520 Filing and Providing Copies of Documents in Contested Case (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 re…

137-003-0525 Scheduling Hearings (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 he…

137-003-0528 Late Hearing Requests (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…

137-003-0530 Late Filing and Amendment of Documents (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…

137-003-0535 Participation as Party or Limited Party (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 …

137-003-0540 Agency Participation as Interested Agency or Party (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…

137-003-0545 Representation of Agency by Attorney General or Agency Representative (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 Att…

137-003-0550 Representation of Parties; Out-of-state Attorneys (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) Corporati…

137-003-0555 Authorized Representative of Parties Before Designated Agencies (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, E…

137-003-0560 Emergency License Suspension, Refusal to Renew (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 emergenc…

137-003-0565 Use of Collaborative Dispute Resolution in Contested Case Hearing (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) pro…

137-003-0566 Discovery in Contested Case Hearing — Methods (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 wi…

137-003-0567 Discovery in Contested Case Hearing — Standard 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. Statutory/Other Authority: ORS 183.341 Statu…

137-003-0568 Discovery in Contested Case Hearing — Procedure (1) Before filing a motion for an order requiring discovery, a party or the agency must make a good faith effort to obtain the information from the party, agency or person who has the information, unless the effort woul…

137-003-0569 Discovery in Contested Case Hearing — Enforcement (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 satisfac…

137-003-0572 Depositions in Contested Cases (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…

137-003-0573 Individually Identifiable Health Information (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 …

137-003-0575 Prehearing Conferences (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 administrat…

137-003-0580 Motion for Summary Determination (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 conteste…

137-003-0585 Subpoenas (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 jud…

137-003-0590 Qualified Interpreters (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 understa…

137-003-0595 Public Attendance; Exclusion of Witnesses; Removal of Disruptive Individuals (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…

137-003-0600 Conducting the Contested Case Hearing (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 confli…

137-003-0605 Telephone Hearings (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…

137-003-0610 Evidentiary Rules (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 la…

137-003-0615 Judicial Notice and Official Notice of Facts (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 fina…

137-003-0625 Ex Parte Communications with Administrative Law Judge (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 …

137-003-0630 Motions (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 …

137-003-0635 Transmittal of Questions to the Agency (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. (2) At the request of a p…

137-003-0640 Immediate Review by Chief Administrative Law Judge (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 Administr…

137-003-0645 Proposed Orders in Contested Cases (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 excl…

137-003-0650 Exceptions to Proposed Order (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 judg…

137-003-0655 Further Hearing and Issuance of Final Order (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 subsect…

137-003-0660 Ex Parte Communications to Agency during Review of Contested Case (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 …