Current through Register Vol. 61, No. 4, April 1, 2022
(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.
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.
The petition shall set forth the specific grounds for reconsideration or
rehearing. The petition may be supported by a written argument.
The petition may include a request for
stay of a final order if the petition complies with the requirements of OAR
(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
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
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
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
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.
(7) Reconsideration or rehearing
shall not be granted after the filing of a petition for judicial review, except
in the manner provided by ORS
(8) Unless otherwise provided by law, a final
order remains in effect during reconsideration or rehearing until stayed or
Or. Admin. R.
DOJ 10-1999, f. 12-23-99,
cert. ef. 1-1-00; DOJ 2-2000, f. & cert. ef. 3-27-00; DOJ 19-2003, f.
12-12-03, cert. ef. 1-1-04
Stat. Auth.: ORS
Stats. Implemented: ORS
183.482 & OL 1999, Ch.