Or. Admin. R. 845-003-0670 - Retained Authority of Commissioners
(1) The Commissioners retain all authority
not specifically delegated.
(2)
The Commissioners delegate to the Administrator the authority to grant or deny
late hearing requests (frequently called Requests for Relief From Default) as
provided in OAR 137-003-0528.
(3)
The Commissioners delegate to the Administrator the authority to grant or deny
requests to participate as a party, limited party or interested agency in a
contested case under OAR 137-003-0535 or 137-003-0540 and to make all decisions
incidental to the request, including, but not limited to, specifying the areas
of participation and procedural limitations of participation, granting or
denying late petitions, shortening the time within which responses to the
petition shall be filed and/or postponing the hearing until disposition is made
of the petition.
(4) The
Commissioners delegate to the Administrator the authority to grant or deny a
petition for an order to take a deposition of a party pursuant to OAR
137-003-0572. This authority includes, but is not limited to, the ability to
designate the terms of the deposition such as the location, manner of
recording, time of day and persons permitted to be present during the
deposition.
(5) The Commissioners
delegate to the Administrator the authority to grant or deny discovery motions
pursuant to OAR 137-003-0568 submitted prior to referral of the contested case
to the Office of Administrative Hearings and, if applicable, after the assigned
administrative law judge issues a proposed order.
(6) The Commissioners delegate to the
Administrator the authority to respond to questions transmitted to the agency
as set forth in OAR 137-003-0635. The scope of the issues that may be
transmitted to the agency includes the agency's interpretation of its rules and
applicable statutes and which rules or statutes apply to a proceeding.
(7) The Commissioners delegate to
the Administrator the authority to adopt a Final Order based upon an informal
disposition by settlement.
(8) The
Commissioners delegate to the Administrator the authority to adopt a Final
Order by Default when the default is the result of a party's failure to request
a hearing or withdrawal of a hearing request; or when a party, after requesting
a hearing, fails to appear at the hearing and the agency file does not
constitute the sole record.
(9)
The Commissioners delegate to the administrative law judge the authority to
prepare and issue a Final Order by Default when the default is the result of a
party's failure to appear at the time scheduled for hearing and the agency file
constitutes the sole record.
(10)
The Commissioners delegate to the Administrator the authority to adopt a Final
Order based upon a proposed order where exceptions are not filed timely and the
order is not otherwise subject to review by the Commissioners.
(11) The Commissioners delegate to the
Administrator the authority to grant or deny requests for extension of time
within which to file exceptions or comments to a proposed order, in conformity
with the requirements of OAR 845-003-0590(3).
(12) The Commissioners delegate to the
Administrator the authority to grant or deny a motion to postpone oral argument
to the Commissioners on any comments or exceptions to a proposed order.
(13) The Commissioners delegate to
the Administrator the authority to grant or deny requests for reconsideration
or rehearing and any stay request based on these requests for reconsideration
or rehearing when exceptions or a request to reopen the record has been made by
the same participant in the same case.
(14) The Commissioners delegate to the
Administrator the authority to grant or deny a request to stay the enforcement
of a Final Order pending judicial review and in cases where judicial review has
not been requested.
Notes
Stat. Auth.: ORS 183.341(2) & 471.730(5) & (6)
Stats. Implemented: ORS 183.341(2)
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