Or. Admin. R. 165-001-0055 - Final Orders

(1) Final orders on contested cases shall be in writing and shall include the following:

(a) The case caption.

(b) The name of the administrative law judge(s), the appearance of the parties and identity of witnesses.

(c) A statement of the issues.

(d) References to specific statutes or rules at issue.

(e) Rulings on admissibility of offered evidence when the rulings are not set forth in the record.

(f) Findings as to each issue of fact and as to each ultimate fact required to support the order, along with a statement of the underlying facts supporting each finding.

(g) Conclusion(s) of law based on the findings of fact and applicable law.

(h) An explanation of the reasoning that leads from the findings of fact to the legal conclusion(s)

(i) An order stating the action taken by the agency as a result of the facts found and the legal conclusions arising therefrom.

(j) A citation of the statutes under which the order may be appealed.

(k) The date of service of the order on the party shall be specified in writing and be part of or attached to the order on file with the agency.

(l) The final order shall be served on each party and, if the party is represented, on the party's attorney.

(2) If the agency modifies the proposed order issued by the administrative law judge in any substantial manner, the agency must identify the modifications and explain to the parties why the agency made the modifications. For purposes of this provision, an agency modifies a proposed order in a "substantial manner" when the effect of the modification is to change the outcome or the basis for the order or to change a finding of fact.

Notes

Or. Admin. R. 165-001-0055

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 183.090, 183.470, 246.150, 260.232 & 260.995

Stats. Implemented: ORS 183.470, 260.232 & 260.995