Or. Admin. Code § 812-009-0420 - Exceptions to Agency Orders, Enforcement

(1) After a contested case enforcement hearing, the respondent may file written exceptions if the respondent does not believe the proposed order is supported by the evidence received at the hearing. To be considered, exceptions must be received by the agency within 21 days of the date of mailing of the proposed order. If written exceptions are not timely received, the agency may issue a final order as proposed.

(2) If exceptions are timely received, the matter will be set for consideration by the Appeal Committee at its next meeting for which agenda space is available.

(3)

(a) If the respondent intends to rely on oral testimony given at the hearing, the respondent must include in the exceptions:

(A) A notice of intention to rely on oral testimony; and

(B) A request for a copy of the audio recording of the hearing with the fee required under OAR 812-001-0160.

(b) The respondent must prepare a typed transcript of the portions of the hearing testimony that the respondent contends support the exceptions. The respondent must deliver the transcript to the agency within 21 days from the date the agency mails the copy of the audio recording of the hearing to the respondent.

(4) The Appeal Committee may refuse to consider evidence of oral testimony submitted by respondent if the respondent does not comply with the requirements of section (3) of this rule.

(5) The respondent may appear before the members of the Appeal Committee to argue against the proposed order, if the agency receives written notice of intent to do so before the Appeal Committee meeting date. Oral argument will be permitted only if the original exceptions were timely received.

Notes

Or. Admin. Code § 812-009-0420

CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08

Stat. Auth.: ORS 183.310, 670.310 & 701.235

Stats. Implemented: ORS 183.460 & 701.260