Or. Admin. R. 165-001-0035 - Conducting Contested Case Hearings

(1) The contested case hearing shall be conducted by and under the control of the administrative law judge of the Office of Administrative Hearings that is assigned to the case.

(2) If the administrative law judge or any decision maker has an actual or potential conflict of interest as defined in ORS 244.020(1) or (7), that officer shall comply with the requirements of ORS Chapter 244 (e.g. ORS 244.120 and 244.130).

(3) The hearing shall be conducted, subject to the discretion of the administrative law judge, so as to include the following:

(a) The statement and evidence of the agency in support of its action;

(b) The statement and evidence of the person against whom the penalty may be assessed;

(c) Any rebuttal evidence;

(d) Any closing arguments.

(4) The administrative law judge, the agency, and the person against whom the penalty may be assessed shall have the right to question witnesses.

(5) The hearing may be continued with recesses as determined by the administrative law judge.

(6) The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter.

(7) Exhibits shall be marked and maintained by the administrative law judge as part of the record of the proceedings.

(8) If the administrative law judge receives any written or oral ex parte communication on a fact in issue during the contested case proceeding, that person shall notify all parties and otherwise comply with the requirements of OAR 165-001-0045.

Notes

Or. Admin. R. 165-001-0035

ELECT 15-1988(Temp), f. & cert. ef. 1-27-88; ELECT 26-1988, f. & cert. ef. 8-1-88; ELECT 7-2003, f. & cert. ef. 9-3-03; ELECT 19-2009, f. & cert. ef. 12-31-09

Stat. Auth.: ORS 246.150, 260.232 & 260.995

Stats. Implemented: ORS 260.232 & 260.995