Oregon Administrative Code

839-050-0255 Telephone Hearings (1) A "telephone hearing" is one in which at least one participant is not physically present at the hearing but participates by telephone or other two-way communication device. (2) The Administrative Law Judge has the discretion to hold a hearing o…

839-050-0260 Evidence (1) All evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs, including hearsay if reliable, will be admissible. (2) Irrelevant, immaterial, or unduly repetitious evidence may be excluded. (3) The bu…

839-050-0270 Exhibits (1) Hearing participants must premark their exhibits. Agency exhibits will be marked with "A" (for example, A-1, A-2, etc.), and Respondent exhibits will be marked with "R" (for example, R-1, R-2, etc.). The Administrative Law Judge will preserve the exhibit…

839-050-0280 Stipulation (1) Prior to the hearing, participants to a contested case may agree to all or some of the facts involved in the controversy. This may be done through a written and signed stipulation or an oral stipulation made on the record during a prehearing conferenc…

839-050-0290 Witnesses All testimony to be taken at the hearing, except matters officially noticed or entered by stipulation, will be sworn or affirmed. This may include testimony given on deposition, by declaration, or in answers to interrogatories. Statutory/Other Authority: OR…

839-050-0300 Interpreters and Assistive Communication Devices (1) When a person unable to speak or understand the English language, or having a physical hearing or speaking impairment, is involved in a contested case hearing, such person is entitled to a qualified interpreter or …

839-050-0310 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 contested case proceeding, concerning a fact in issue in the proceeding, but …

839-050-0320 Official Notice The Administrative Law Judge, commissioner, or decision maker delegated by the commissioner may take notice of judicially cognizable facts and of general, technical, or scientific facts within the specialized knowledge of the Administrative Law Judge,…

839-050-0330 Default (1) Default may occur when: (a) A party fails to file a required response, including a request for hearing or an answer, within the time specified in the charging document; (b) A party withdraws a request for hearing; (c) The Forum has scheduled a hearing and…

839-050-0340 Relief from Default (1) A party seeking relief from default must file a written request for relief from default within 10 days after any of the following: (a) A Final Order by default has been issued by the Administrator of the Wage and Hour Division; (b) A notice of…

839-050-0350 Record of Proceeding (1) A verbatim, written and/or mechanical record of the proceeding will be made that includes: (a) All pleadings, motions, legal memoranda, correspondence, and rulings made by the Administrative Law Judge; (b) The case summary submitted by any pa…

839-050-0360 Post-Hearing Briefs (1) The Administrative Law Judge may request a post-hearing brief from a participant. The Administrative Law Judge will state the specific issues to be briefed and the deadline for filing the brief. (2) If a party's brief contains legal argument a…

839-050-0370 Proposed Orders (1) The Administrative Law Judge will prepare and serve upon the commissioner and all participants a Proposed Order including the following: (a) Rulings, motions, or objections, including those rulings previously reserved; (b) Findings of fact, includ…

839-050-0380 Exceptions to Proposed Order (1) Any participant may file exceptions to the Proposed Order. Exceptions must be specific and must be in writing. No oral argument is allowed on exceptions unless requested by the Administrative Law Judge. Any new facts presented or issu…

839-050-0400 Agency Policy The Administrative Law Judge may, at any time during a contested case proceeding and before the issuance of a Final Order, request that the Agency submit a written statement indicating the Agency's policy with regard to any statute or administrative rul…

839-050-0410 Reopening the Contested Case Record On the Administrative Law Judge's own motion or on the motion of a participant, the Administrative Law Judge will reopen the record when the Administrative Law Judge determines additional evidence is necessary to fully and fairly a…

839-050-0420 Final Order (1) Except as provided in OAR 839-050-0220, 839-050-0430, or 839-050-0440, on the basis of the record considered as a whole, the commissioner will issue a Final Order in writing that includes findings of fact, conclusions of law, and an opinion and order.…

839-050-0430 Final Order by Default (1) The Administrator of the Wage and Hour Division may issue a Final Order by default when: (a) A party is given an opportunity to request a hearing and file an answer within the time specified in the charging document and fails to do so; or (…

839-050-0445 Proceedings on Prevailing Wage Rate Determinations (1) This rule sets forth the procedures used in contested case proceedings requested pursuant to ORS 279C.817(4) and OAR 839-025-0005(7). (2) Proceedings on prevailing wage rate determinations are governed by the pro…

839-050-0450 Proceedings on Apprenticeship and Training Division Hearings (1) This rule sets forth the procedures used in a proceeding to show cause requested pursuant to OAR 839-011-0093(5). (2) Proceedings on apprenticeship and training committee disciplinary procedures are gov…

839-051-0010 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…

839-051-0020 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…

845-001-0005 Notice of Rulemaking Prior to adoption, amendment or repeal of any permanent rule, the Commission shall give notice of the intended action: (1) In the Secretary of State's bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. If a hearing …

845-001-0007 Attorney General’s Model Rules of Procedure (1) The Oregon Attorney General’s "Administrative Law Manual and Uniform and Model Rules of Procedure Under the Administrative Procedures Act", are hereby adopted by reference as permanent rules for rulemaking procedure. Th…

845-001-0008 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, OAR 137-005-0052 is hereby adopted by reference as the permanent rule for mediation confidentiality. Statutory/Other Authority: ORS 36.224 Statutes/Other Implemented: ORS 36.224, …

845-001-0009 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…

845-002-0200 Statement of Purpose and Statutory Authority (1) Purpose. These rules control the Commission’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether…

845-002-0210 Definitions As used in OAR chapter 845, division 002, unless the context of the rule requires otherwise, the following definitions apply: (1) "Approved" means that, pursuant to a preliminary fitness determination under OAR 845-002-0240 or a final fitness determinatio…

845-002-0220 Subject Individual (1) “Subject Individual” means a person from whom the Commission may require fingerprints for the purpose of conducting a criminal records check because the person: (a) Is employed by or applying for employment with the Commission; or (b) Provides …

845-002-0230 Criminal Records Check Process (1) Disclosure of Information by Subject Individual. (a) Preliminary to a criminal records check, a subject individual shall complete and sign the OLCC Criminal Records Request form and, if requested by the Commission, a fingerprint car…

845-002-0240 Preliminary Fitness Determination (1) An authorized designee may conduct a preliminary fitness determination if the Commission is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) An authorized …

845-002-0250 Hiring or Appointing on a Preliminary Basis (1) The Commission may hire or appoint a subject individual on a preliminary basis if an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 845-002-0240. (2…

845-002-0260 Final Fitness Determination (1) An authorized designee shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 845-002-0230(1), the criminal records check(s) conducted, if any, and any false stat…

845-002-0270 Potentially Disqualifying Crimes (1) FELONIES AND MISDEMEANORS. A conviction of any of the following crimes is potentially disqualifying. The lists include offenses that are crimes and are not intended to include offenses that are classified as violations (See ORS 16…

845-002-0280 Incomplete Fitness Determination (1) The Commission will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 845-002-0220; (b) The subject …

845-002-0290 Notice to Subject Individual of Fitness Determination (1) An authorized designee shall provide, in a format approved by the Commission, written notice to a subject individual upon completion of a preliminary or final fitness determination, or upon the closing of a fi…

845-002-0300 Appealing a Fitness Determination (1) Purpose. This rule sets forth a contested case hearing process by which a subject individual may appeal a completed fitness determination made under OAR 845-002-0260 that he or she is fit or not fit to hold a position with, or pr…

845-002-0310 Record Keeping and Confidentiality (1) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination due to incompleteness, in writing. (2) Records Received from the Oregon Department of State Police. (a…

845-002-0320 Authorized Designees (1) Appointment. (a) The Commission Administrator or the Administrator’s designee shall designate positions within the Human Resources Unit and the Enforcement & Compliance Unit as including the responsibilities of an authorized designee. (b) App…

845-002-0330 Fees (1) The Commission may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Commission by the Oregon Department of State Police and the Fed…

845-003-0200 Statement of Purpose (1) The purpose of these rules is to implement the statutory policies set forth in ORS 183.411 to 183.470, to provide all contested case participants with clear guidelines, and to provide for thorough and timely hearings. (2) In an effort to prov…

845-003-0210 Model Rules of Procedure (1) The following Attorney General's “Model Rules of Procedure for Contested Cases Office of Administrative Hearings,” effective May 1, 2014, are hereby adopted by reference as permanent rules of procedure for contested case hearings conducte…

845-003-0220 Definitions As used in OAR Chapter 845, division 003, the following definitions apply: (1) “Administrator” means the Executive Director of the Oregon Liquor and Cannabis Commission or the Executive Director’s authorized delegates. (2) “Charging Document” means a writ…

845-003-0270 Request for a Contested Case Hearing and Response to Charging Document (1) A party may contest a charging document or a tax imposed under ORS Chapter 473 by requesting a contested case hearing. The request for hearing must be in writing and timely filed. The time lim…

845-003-0331 Employee Representation at Contested Case Hearings (1) As authorized by the Attorney General pursuant to ORS 183.452, Commission employees may appear and participate on behalf of the Commission in the following types of contested case hearings: (a) The grant or denia…

845-003-0345 Public Attendance and Representation of Parties (1) Contested case hearings are closed to non-participants and may only be attended by participants. (2) Representation of parties is governed by OAR 137-003-0550. The Commission does not allow the use of authorized rep…

845-003-0460 Exchange of Exhibits and Witness Lists (1) Prior to any contested case hearing, the administrative law judge may order the participants to exchange exhibits and witness lists. (2) Each participant must file exhibits and a list of witnesses with the administrative law…

845-003-0590 Exceptions (1) Only parties and limited parties may file exceptions to a proposed order. Commission staff may file written comments on the proposed order. (2) Exceptions and comments must be in writing and received by the Administrator of the Commission within 15 day…

845-003-0670 Retained Authority of Commissioners (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…

845-004-0001 Prohibited Interests in the Alcoholic Beverage Industry (1) Definitions. For this rule: (a) "Business connections" include, but are not limited to, the following behaviors and relationships: (A) Knowingly providing anything of value to a manufacturer or a business li…