Or. Admin. Code § 115-010-0045 - Motions

(1)

(a) A request for any ruling, order, or other relief may be made by filing a typewritten motion. The motion need not be in any particular form.

(b) Motions to Intervene. Any motion to intervene must be filed with the Board or Board Agent at least seven days before the hearing. The motion shall state the grounds on which the motion should be granted. The decision to grant or deny the motion rests within the discretion of the Board or Board Agent. A filing fee of $300 must be paid by the intervenor when the motion is filed. The motion will not be considered filed until the fee is paid.

(2) Before filing any motion, other than a dispositive motion (e.g., a motion to dismiss), the moving party shall make a good-faith effort to confer with the non-moving party to seek resolution of the matter. The motion must describe all efforts and the result of the effort.

(3) Any response to a motion must be filed within 14 days of the date the motion is served, unless another date is set by the Board or Board Agent.

(4) A reply from the moving party to the response is allowed only when requested or authorized by the Board or Board Agent.

(5) Motions made at hearing may be stated orally on the record, and shall briefly identify the grounds for the motion and the order or relief sought.

Notes

Or. Admin. Code § 115-010-0045

ERB 1-1980, f. & ef. 1-9-80; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14; ERB 1-2016, f. 11-9-16, cert. ef. 2/1/2017

Stat. Auth.: ORS 240.086(3), 243.766(7)

Stats. Implemented: ORS 240, 243