Or. Admin. Code § 137-003-0045 - Telephone Hearings
(1)
Unless precluded by law, the agency may, in its discretion, hold a hearing or
portion of a hearing by telephone. Nothing in this rule precludes an agency
from allowing some parties or witnesses to attend by telephone while others
attend in person.
(2) The agency
may direct that a hearing be held by telephone upon request or on its own
motion.
(3) The agency shall make
an audio or stenographic record of any telephone hearing.
(4) If a hearing is to be held by telephone,
each party and the agency shall provide, before commencement of the hearing, to
all other parties and to the agency and hearing officer copies of the exhibits
it intends to offer into evidence at the hearing. If a witness is to testify by
telephone, the party or agency that intends to call the witness shall provide,
before commencement of the hearing, to the witness, to the other parties and to
the agency and hearing officer a copy of each document about which the witness
will be questioned.
(5) Nothing in
this rule precludes any party or the agency from seeking to introduce
documentary evidence in addition to evidence described in section (4) during
the telephone hearing and the presiding officer 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.
(6)
The agency may delegate to the presiding officer the discretion to rule on
issues raised under this rule.
(7)
As used in this rule, "telephone" means any two-way electronic communication
device, including video conferencing.
Notes
Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341(1)
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