Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES
Section 137-003-0055 - Ex Parte Communications
Universal Citation: OR Admin Rules 137-003-0055
Current through Register Vol. 63, No. 9, September 1, 2024
(1) An ex parte communication is an oral or written communication to an agency decision maker or the presiding officer not made in the presence of all parties to the hearing, concerning a fact in issue in the proceeding, but does not include communication from agency staff or counsel about facts in the record.
(2) If an agency decision maker or presiding officer receives an ex parte communication during the pendency of the proceeding, the officer shall:
(a) Give all
parties notice of the substance of the communication, if oral, or a copy of the
communication, if written; and
(b)
Provide any party who did not present the ex parte communication an opportunity
to rebut the substance of the ex parte communication at the hearing, at a
separate hearing for the limited purpose of receiving evidence relating to the
ex parte communication, or in writing.
(3) The agency's record of a contested case proceeding shall include:
(a) The ex parte
communication, if in writing;
(b) A
statement of the substance of the ex parte communication, if oral;
(c) The agency or presiding officer's notice
to the parties of the ex parte communication; and
(d) Rebuttal evidence.
Stat. Auth.: ORS 183
Stats. Implemented: ORS 173.341(1), ORS 183.415(9) & ORS 183.462
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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