Citizens have a right to be informed as to the procedures by which contested
cases are heard by the commission, their rights in hearings before the
commission, the import and effect of hearings before the commission and their
rights and remedies with respect to actions taken by the commission.
Accordingly, it is the purpose of subsections (2) to (4) of this section to set
forth certain requirements of the commission so that citizens shall be fully
informed as to these matters when exercising their rights before the
Prior to the
commencement of a contested case hearing before the commission, the commission
shall inform each party to the hearing of the following matters:
(a) If a party is not represented by an
attorney, a general description of the hearing procedure including the order of
presentation of evidence, what kinds of evidence are admissible, whether
objections may be made to the introduction of evidence and what kind of
objections may be made and an explanation of the burdens of proof or burdens of
going forward with the evidence.
(b) The manner of making the record and its
availability to the parties.
The function of the record-making with respect to the perpetuation of the
testimony and evidence and with respect to any appeal from the determination or
order of the commission.
Whether an attorney will represent the commission in the matters to be heard
and whether the parties ordinarily and customarily are represented by an
(e) The title and
function of the person presiding at the hearing with respect to the decision
process, including, but not limited to, the manner in which the testimony and
evidence taken by the person presiding at the hearing are reviewed, the effect
of that person's determination, whether the person presiding at the hearing is
or is not an employee, officer or other representative of the commission and
whether that person has the authority to make a final independent
(f) In the event a
party is not represented by an attorney, whether the party may during the
course of proceedings request a recess if at that point the party determines
that representation by an attorney is necessary to the protection of the
(g) Whether there
exists an opportunity for an adjournment at the end of the hearing if the party
then determines that additional evidence should be brought to the attention of
the commission and the hearing reopened.
(h) Whether there exists an opportunity after
the hearing and prior to the final determination or order of the commission to
review and object to any proposed findings of fact, conclusions of law, summary
of evidence or recommendations of conclusions of law, summary of evidence or
recommendations of the officer presiding at the hearing.
(i) A description of the appeal process from
the determination or order of the commission.
(3) The information required to be given to a
party to a hearing under subsections (2) and (3) of this section may be given
in writing or orally before commencement of the hearing.
(4) The failure of the commission to give
notice of any item specified in subsections (2) and (3) of this section, shall
not invalidate any determination or order of the commission unless upon an
appeal from or review of the determination or order a court finds that the
failure affects the substantial rights of the complaining party. In the event
of such a finding, the court shall remand the matter to the commission for a
reopening of the hearing and shall direct the commission as to what steps it
shall take to remedy the prejudice to the rights of the complaining
Or. Admin. R.
CRGC 1-1987 (Temp), f.
& ef. 9-10-87; CRGC 2-1987, f. 12-7-87, ef. 12-8-87; CRGC 3-1988(Temp), f.
11-17-88, cert. ef. 11-17-88 thru 2-13-89; CRGC 1-1989, f. 3-2-89, cert. ef.
3-7-89; CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89; CRGC 1-1990, f. &
cert. ef. 1-16-90; CRGC 2-1990, f. & cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS
196.150; RCW 43.97.015; 16
U.S.C. § 544 et seq.