Or. Admin. R. 165-001-0050 - Proposed Orders in Contested Cases, Filing of Exceptions, Argument, and Adoption of Order

(1) The administrative law judge shall prepare a proposed order and serve the proposed order on the agency and each party. The proposed order shall be served not later than 30 calendar days after the hearing is adjourned or closed under OAR 165-001-0034(5)(d). The proposed order shall also include information about when and where written exceptions to the proposed order must be filed to be considered by the agency.

(2) The exceptions must be received by the Elections Division not later than 30 calendar days after the service date of the proposed order. The date of service is the day the proposed order is mailed, not the date the party receives the proposed order.

(3) If the administrative law judge's proposed order recommended a decision favorable to a party and the agency intends to reject that recommendation and issue an order adverse to that party, the agency shall issue an amended proposed order. When the agency serves an amended proposed order on the party, the agency shall, at the same time notify the party when and where written exceptions for the amended order must be filed to be considered by the agency.

(4) Written exceptions filed under (2) or (3) may be scanned and attached to an email and sent to elec-hearings.sos@oregon.gov, transmitted by fax (503-373-7414), mailed or hand-delivered to 255 Capitol St NE, Ste 501, Salem OR 97310.

(5) The agency decision maker, after considering any of the written exceptions may adopt the proposed order, amended proposed order or prepare a new order.

Notes

Or. Admin. R. 165-001-0050

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; ELECT 10-2011, f. & cert. ef. 7-12-11; ELECT 4-2014, f. & cert. ef. 1-2-14; ELECT 15-2015, f. 12-31-15, cert. ef. 1/1/2016; ELECT 3-2016, f. & cert. ef. 7/6/2016; ELECT 4-2018, amend filed 01/03/2018, effective 1/3/2018

Statutory/Other Authority: ORS 183.090, 183.470, 246.150, 260.232 & 260.995

Statutes/Other Implemented: ORS 183.470, 260.232 & 260.995