Or. Admin. R. 165-001-0080 - Contested Case Hearings

(1) The administrative law judge will hold a hearing by telephone unless the party requesting the hearing specifically requests a personal appearance hearing. If the party requests a personal appearance hearing, the hearing shall be held in Salem at the Office of Administrative Hearings. Nothing in this rule precludes the agency from allowing some parties or witnesses to attend by telephone while others attend in person.

(2) The administrative law judge shall make an audio or stenographic record of any telephone hearing.

(3) Not less than 5 business days prior to the commencement of a hearing, each party, including the agency, must deliver copies of the exhibits it intends to offer into evidence at the hearing. The exhibits must be delivered to the administrative law judge, all parties and the agency. For purposes of this rule, delivery may be accomplished by any of the following means, or by other means of a similar nature: hand delivery, deposit into first class or certified mail, facsimile, email or professional delivery service.

(4) Nothing in this rule precludes any party or the agency from seeking to introduce documentary evidence in addition to evidence described in subsection (4) during the hearing. The administrative law judge shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the agency and to the other parties, the hearing may be continued upon the request of any party or the agency for sufficient time to allow the party or the agency to obtain and review the evidence.

(5) The agency will give primary consideration to accommodate the needs of persons that are disabled so that they are not disadvantaged due to their disability.

(6) As used in this rule, "telephone" means any two-way or multi-party electronic communication device, including video conferencing.

Notes

Or. Admin. R. 165-001-0080

ELECT 5-1999, f. 7-30-99, cert. ef. 9-1-99; ELECT 19-2009, f. & cert. ef. 12-31-09; ELECT 5-2010, f. & cert. ef. 11-1-10

Stat. Auth.: ORS 260

Stats. Implemented: ORS 260.232 & 260.995