Oregon Administrative Code

438-085-0725 Statement of Issues; Pre-Hearing Conference At any time before hearing the Administrative Law Judge may order the parties to: (1) Prepare and submit a written statement setting forth the relevant facts about which there is no dispute, each party’s contentions of fact…

438-085-0730 Consolidation or Separation If no substantial right of any party will be prejudiced, the Administrative Law Judge may: (1) Consolidate cases in which there are common parties and common questions of law or fact; or (2) Divide the issues of a case into separate cases.…

438-085-0735 Motions (1) All motions shall be filed with the Administrative Law Judge as soon as practicable. (2) Pre-hearing motions shall be in writing and contain a clear and plain statement of the relief sought and the grounds for relief. (3) Any party on whom a pre-hearing m…

438-085-0740 Discovery (1) Unless otherwise provided by the assigned Administrative Law Judge, within 14 days after the mailing of the notice of case assignment pursuant to OAR 438-085-0306 OR-OSHA shall provide to the other parties or their representatives copies of all document…

438-085-0745 Subpoenas (1) The attendance and testimony of witnesses at the hearing, or the production of documentary or physical evidence under the witnesses’ control or possession, may be compelled by subpoena. (2) Subpoenas may be issued by the Presiding Administrative Law Jud…

438-085-0750 Change of Administrative Law Judge (1) The assigned Administrative Law Judge may withdraw from a case whenever they consider it appropriate. (2) Any party may request that the assigned Administrative Law Judge remove themself from a case on the grounds of personal bi…

438-085-0755 Extensions of Time Requests for extensions of time for filing of any documents shall be received in the office of the assigned Administrative Law Judge in advance of the day on which the document is due to be filed. Statutory/Other Authority: ORS 183.335 & 656.726(5)…

438-085-0800 Decision by Administrative Law Judge Without Hearing (1) To reduce the cost to the public, to the parties and to their witnesses, the Board encourages the parties to submit their cause to the Administrative Law Judge, whenever possible, without a hearing. (2) A case …

438-085-0805 Duties and Powers of Administrative Law Judge It is the duty of the Administrative Law Judge to conduct a fair and impartial hearing and to avoid delay. The Administrative Law Judge has the authority to: (1) Issue subpoenas; (2) Order depositions to be taken or make …

438-085-0810 Failure to Appear (1) Except as provided in section (2) of this rule, failure of a party to appear at the hearing shall be considered a default and a waiver of all rights except the right to be served with a copy of the Administrative Law Judge’s order and the right …

438-085-0815 Record and Transcript of Hearing (1) A verbatim record shall be made of the hearing, including all motions, rulings and testimony. Reporters’ hearing and transcript fees shall be paid by the Board, except as provided in subsection (3) of this rule. (2) At any time be…

438-085-0820 Burden of Proof (1) OR-OSHA has the burden of proving: (a) A denied violation; (b) The reasonableness of a contested penalty; (c) The reasonableness of a contested correction order. (2) The party who contests a proposed OR-OSHA order that will grant, deny, modify or …

438-085-0825 Conduct of Hearing (1) Testimony shall be taken only on oath or affirmation. (2) Each party shall have these rights: (a) To call and examine parties and witnesses; (b) To offer documents as evidence; (c) To question the witnesses of other parties on any matter releva…

438-085-0835 Exclusion of Witness from Hearing Room Upon motion of a party, the Administrative Law Judge may exclude an opposing party’s witness from the hearing room if the basis of the motion is to prevent the witness from hearing testimony. A party or its representative shall …

438-085-0840 Rules of Evidence The rules of privilege and evidence in proceedings under this chapter are governed by ORS 183.450(1) through (4). Statutory/Other Authority: ORS 183.335, 656.726(5) & 654.290(2) Statutes/Other Implemented: ORS 183.450(1) - 183.450(4), 654.025 & 654.…

438-085-0845 Official Notice (1) The Administrative Law Judge may take official notice of judicially cognizable facts and the Administrative Law Judge may take official notice of general, technical or scientific facts within the Administrative Law Judge’s specialized knowledge. (…

438-085-0850 Offers of Proof Whenever the Administrative Law Judge excludes a document or the testimony of a witness, the party adversely affected may make an offer of proof for the record in a form determined by the Administrative Law Judge. Statutory/Other Authority: ORS 183.33…

438-085-0855 Exhibits (1) Unless otherwise required by the Administrative Law Judge, and not later than 21 days before the hearing, OR-OSHA shall provide to the assigned Administrative Law Judge legible copies of all proposed exhibits, numbered chronologically, earliest first, an…

438-085-0860 View of Premises On motion of any party or on the Administrative Law Judge’s own motion, the Administrative Law Judge may, prior to the hearing or during a recess of the hearing for that purpose, view the premises, equipment or processes related to an issue in the ca…

438-085-0865 Opinion and Order of Administrative Law Judge (1) The decision of the Administrative Law Judge in a contested case shall be rendered in a written Opinion and Order, which shall also contain findings of fact and conclusions of law. (2) Except for matters stipulated to…

438-085-0870 Reconsideration (1) The Administrative Law Judge may withdraw any order for the purpose of reconsideration at any time prior to: (a) The expiration of the period allowed for filing a petition for judicial review, if one has not been filed; or (b) The date set for ora…

440-001-0000 Notice of Rulemaking (1) Prior to rulemaking to which this rule applies, the Director shall give notice as provided in this rule. This rule applies to rulemaking that carries out any of the following rulemaking authority of the Director: (a) Rulemaking authority unde…

440-001-0005 Model Rules of Procedure The Model Rules of Procedure, OAR 137-001-0005 through 137-001-0100, in effect on January 1, 2006, as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act are adopted as the rules of procedure for…

440-001-9001 Division of Financial Regulation Scope of Authority Whenever any rule, order, document, record or proceeding refers to the Oregon Insurance Division or the Division of Finance and Corporate Securities, the reference is considered to be a reference to the Division of …

440-005-0001 Authority for Rules The director has adopted OAR 440-005-0001 to 440-005-0030 by the director’s authority under ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 and 731.804. Statutory/Other Authority: ORS 192.430, 192.440, 656.726, 697.732, 731.244, …

440-005-0005 Applicability of Rule OAR 440-005-0001 to 440-005-0030 apply to all public records of the Department of Consumer and Business Services (department), and govern the application of ORS 192.410 to 192.505 to these records. Statutory/Other Authority: ORS 192.430, 192.440…

440-005-0015 Access to Records (1) The director, in carrying out responsibilities under ORS 192 as custodian of public records, shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of th…

440-005-0020 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or obtain copies of a public record or information from public records may be made in writing, in person, or by phone. Written requests shall include: (a) Contact information, such as nam…

440-005-0025 Payment for Inspection and Copies of Public Records (1) A person who is receiving a copy of a public record or information from a public record shall pay for the department's actual cost for: (a) Staff time necessary to locate and handle the records, to delete materi…

440-005-0030 Fees and Miscellaneous Charges The director establishes fees and miscellaneous charges in agency policy, reviewed periodically to ensure all charges reflect no more than the actual cost of producing and processing. The department posts current fees and charges on its…

440-015-0100 Purpose (1) These rules implement ORS 705.135(3). The purpose of these rules is to identify the circumstances under which employees of the Department may or may not become indebted to or hold any interest in an entity subject to the regulation of the Department. (2) …

440-015-0105 Definitions For the purpose of these rules: (1) “Department” means the Department of Consumer and Business Services. (2) “Director” means the director of the Department. (3) “Designated position” means a position in the Department listed or designated under OAR 440-0…

440-015-0110 Indebtedness and Financial Interest of Department Employees (1) Due to the scope of their authority, and to prevent actual and potential conflicts of interest or the appearance of conflicts of interest, certain employees of the Department holding executive and senior…

440-015-0115 Reporting of Indebtedness and Interests If the director or a division administrator believes that a Department employee is engaged in a conflict of interest, or is in a situation that has the potential of being or of appearing to be a conflict of interest, in violati…

440-020-0010 Purpose of the Rules The Department of Consumer and Business Services is required by ORS 25.785 to record an applicant’s social security number in order to issue or renew an occupational, professional, recreational or driver license, certification, permit or registra…

440-020-0015 Requirements and Procedures (1) Except as otherwise set forth in this rule, no division of the Department of Consumer and Business Services will issue or renew an occupational, professional, recreational or driver license, certification, permit or registration subjec…

440-045-0010 Authority for Rules The director has adopted OAR 440-045-0010 to 440-045-0030 by the director's authority under ORS 705.135, 656.612, 656.614, and 656.726. Statutory/Other Authority: ORS 705.135 & 656.726 Statutes/Other Implemented: ORS 656.612 & 656.614 History: DO …

440-045-0015 Applicability of Rule OAR 440-045-0010 to 440-045-0030 apply to the assessments levied by the director under the authority of ORS 656.612 and 656.614 against insurers' direct earned workers' compensation premiums and the direct earned premium self-insured employers a…

440-045-0020 Assessment Rate The assessment to be levied against insurers, self-insured employers and self-insured employer groups for Calendar Year 2026 shall be 9.8 percent of direct earned premium and the direct earned premium self-insured employers and self-insured employer g…

440-045-0025 Adjustment Reserve Rate In addition to the assessments established in OAR 440-045-0020, self-insured employers for the Calendar Year 2026 shall be assessed an additional 0.1 percent to fund the Self-Insured Employer Adjustment Reserve. Public self-insured employer gr…

440-045-0030 Payment Manner and Intervals The manner and intervals for payments of the Workers' Compensation Premium Assessment is delegated to the Workers' Compensation Division. OAR 436 division 085 prescribe such manner and intervals. Statutory/Other Authority: ORS 705.135 & 6…

440-055-0008 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

440-055-0010 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency's employees, officials or emplo…

440-100-0010 Appeal Period after Garnishment Challenge Denied The Department may, at its discretion, utilize garnishment proceedings in accordance with ORS Chapter 18 for the purpose of collecting unpaid debts. If a debtor challenges the garnishment and the department, upon revie…

440-150-0001 Quarantine Time Loss Program (1) Definitions. (a) “Employee” means a person working in Oregon and who was employed when they were directed to quarantine or isolate by a public health official or health care provider due to Coronavirus Disease 2019 (COVID-19), or expe…

441-001-0005 Model Rules of Procedure The Director adopts by reference, for all programs administered by the Division of Financial Regulation, the Attorney General’s Model Rules of Procedure as published in the Oregon Attorney General’s Administrative Law Manual dated January 1, …

441-001-0010 Notice of Rulemaking (1) Except when acting in an emergency to adopt a temporary rule in accordance with ORS 183.335(5), before any proposed adoption, amendment, or repeal of an administrative rule in this chapter or in chapter 440, division 35, 200 or 300, the Direc…

441-001-0020 Mailing List (1) The following documents will be mailed to persons who request placement on the mailing list for the Division of Financial Regulation and pay an initial fee of $30 and a biennial renewal fee of $30 on or before January 1 of each odd-numbered year ther…

441-001-0030 Contested Case Proceedings (1) Except for appeals to courts of appropriate jurisdiction from decisions of the Director under ORS 707.080, 707.150 or 707.180, a person shall be considered as timely requesting a contested case hearing for any program administered by th…

441-001-0040 Requests for Opinions and Interpretations (1) For the purpose of this rule, a “request for opinion or interpretation” is defined as an informal inquiry requesting confirmation of the existence of an exemption, or requesting interpretation or advice on the applicabili…