Current through Register Vol. 63, No. 12, December 1, 2024
(1) The administrative law judge may take
notice of judicially cognizable facts on the record before issuance of the
proposed order or in the proposed order or, if the administrative law judge has
authority to issue a final order without first issuing a proposed order, before
the final order is issued. The agency or party(ies) may present rebuttal
evidence.
(2) The administrative
law judge may take official notice of general, technical or scientific facts
within the specialized knowledge of the administrative law judge.
(a) If the administrative law judge takes
official notice of general, technical or scientific facts, the administrative
law judge shall provide such notice to the parties and the agency, if the
agency is participating in the contested case hearing, before the issuance of
the proposed order or, if the administrative law judge has authority to issue a
final order without first issuing a proposed order, before the final order is
issued.
(b) The agency or a party
may object or may present rebuttal evidence in response to the administrative
law judge's official notice of general, technical or scientific
facts.
(c) If an objection is made
or if rebuttal evidence is presented, the administrative law judge shall rule
before the issuance of the proposed order or in the proposed order or, if the
administrative law judge has authority to issue a final order, in the final
order on whether the noticed facts will be considered as evidence in the
proceeding.
(3) Before
the issuance of the proposed order or a final order issued by an administrative
law judge, the agency may take notice of judicially cognizable facts and may
take official notice of general, technical or scientific facts within the
specialized knowledge of the agency as follows:
(a) The agency shall provide notice of
judicially cognizable facts or official notice of general, technical or
scientific facts in writing to the administrative law judge and parties to the
hearing.
(b) A party may present
rebuttal evidence in response to agency notice of judicially cognizable facts
or official notice of general, technical or scientific facts.
(c) If a party presents rebuttal evidence,
the administrative law judge shall rule on whether the noticed facts will be
considered as evidence in the proceeding.
(4) After the issuance of a proposed order,
the agency may take notice of judicially cognizable facts and may take official
notice of general, technical or scientific facts within the specialized
knowledge of the agency as follows:
(a) The
agency shall provide notice of judicially cognizable facts or official notice
of general, technical or scientific facts in writing to the parties to the
hearing and, if authorized to issue a final order, to the administrative law
judge.
(b) A party may object in
writing to agency notice of judicially cognizable facts or official notice of
general, technical or scientific facts with service on any other parties, the
agency and, if authorized to issue a final order, on the administrative law
judge in the manner required by OAR 137-003-0520. A party may request that the
agency or, if authorized to issue a final order, the administrative law judge
provide an opportunity for the party to present written or non-written rebuttal
evidence.
(c) The agency may
request the administrative law judge to conduct further hearing proceedings
under OAR 137-003-0655 as necessary to permit a party to present rebuttal
evidence.
(d) If a party presents
rebuttal evidence, the agency or, if authorized to issue a final order, the
administrative law judge shall rule in the final order on whether the noticed
facts were considered as evidence.
Stat. Auth.: ORS
183.341
Stats. Implemented: ORS
183.341,
183.450(4)
& OL 1999, Ch. 849
