Or. Admin. Code § 115-070-0045 - Conduct of Hearings
(1) General
Procedure:
(a) The Board Agent will open the
hearing with a brief introduction of parties and issues;
(b) Parties may make opening
statements;
(c) Parties may present
evidence in support of their respective positions. Cross-examination of
witnesses will be allowed opposing party(ies);
(d) Parties may make closing
arguments.
(2)
Conference During Hearings. In any proceedings, the Board Agent may, in his/her
discretion, call the parties together for a conference prior to the taking of
testimony or may recess the hearing for such conference to resolve evidentiary
or procedural matters. The results of such conference shall be summarized on
the record.
(3) Stipulation as to
Facts. The parties to any proceeding or investigation may, by stipulation, and
subject to approval by the Board or its agent, agree upon the facts or any
portion thereof involved in the controversy. Such stipulation shall be binding
upon the parties thereto and may be used as evidence in the case.
(4) Continuances. If it appears, on the
motion of a party, that further testimony or argument should be received, the
Board Agent may, in his/her discretion, continue the hearing. The date of such
continued hearing may be fixed at the time of hearing or by later written
notice to the parties.
(5)
Appearances. Parties shall enter appearances at the beginning of the hearing
and give their names and addresses in writing to the Board Agent conducting the
hearing who will include the same in the record. The Board Agent may, in
addition, require appearances to be stated orally so that the identity and
interests of all parties present will be known to those at the
hearing.
(6) Burden of Proof. The
charging party shall have the burden of proof and shall also have the burden of
going forward with the evidence. Respondent shall have the burden of proving
affirmative defenses. Opportunity shall be afforded to all parties of record
participating to examine each witness and to state objections to evidence
offered.
(7) Rules of Evidence. The
rules of evidence applicable to civil actions shall apply.
(8) Conduct at Hearing. All parties to
hearings, their counsel, and spectators shall conduct themselves in a
respectful manner. Demonstrations of any kind will not be permitted. Failure to
comply with the Board Agent's effort to maintain order are grounds for removal
from the hearing.
(9) Rights of
Party not Answering or Failing to Specifically Deny an Allegation. A party that
fails to answer a complaint or fails to deny an allegation will not be allowed
to present or rebut evidence as to the facts alleged. However, the party may
present legal argument.
(10)
Post-Hearing Briefs. When post-hearing briefs are permitted by a Board Agent,
they must be filed within 14 days from the conclusion of the hearing. Extension
of time for filing will be permitted only upon good cause shown.
Notes
Stat. Auth.: ORS 240 & ORS 243
Stats. Implemented: ORS 663.185 & ORS 663.190
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