The proceeding shall be conducted by and shall be 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
designated by the agency.
testimony or other evidence shall be accepted at the hearing. The petition will
be decided on the facts stated in the petition, except that the presiding
officer may agree to accept, for consideration by the agency, a statement of
alternative facts if such a statement has been stipulated to in writing by all
parties to the proceeding, including any intervening parties.
(3) The parties and agency staff shall have
the right to present oral argument. The presiding officer may impose reasonable
time limits on the time allowed for oral argument. The parties and agency staff
may file briefs in support of their respective positions. The presiding officer
shall fix the time and order of filing briefs and may direct that the briefs be
submitted prior to oral argument. The presiding officer may permit the filing
of memoranda following the hearing.
(4) The proceeding may be conducted in person
or by telephone.
(5) As used in
this rule, "telephone" means any two-way electronic communication
Or. Admin. R.
1AG 14, f. & ef.
10-22-75; 1AG 1-1981, f. & ef. 11-17-81; JD 2-1986, f. & ef. 1-27-86;
JD 5-1989, f. 10-6-89, cert. ef. 10-15-89; JD 6-1993, f. 11-1-93, cert. ef.
11-4-93; JD 6-1995, f. 8-25-95, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS