Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of this rule, an ex parte
communication is:
(a) An oral or written
communication;
(b) By a party, a
party's representative or legal adviser, any other person who has a direct or
indirect interest in the outcome of the proceeding, any other person with
personal knowledge of the facts relevant to the proceeding, or any officer,
employee or agent of the agency;
(c) That relates to a legal or factual issue
in the contested case proceeding;
(d) Made directly or indirectly to the
administrative law judge;
(e) While
the contested case proceeding is pending;
(f) That is made without notice and
opportunity for the agency and all parties to participate in the
communication.
(2) If an
administrative law judge receives an ex parte communication during the pendency
of the contested case proceeding, the administrative law judge shall place in
the record:
(a) The name of each individual
from whom the administrative law judge received an ex parte
communication;
(b) A copy of any ex
parte written communication received by the administrative law judge;
(c) A memorandum reflecting the substance of
any ex parte oral communication made to the administrative law judge;
(d) A copy of any written response made by
the administrative law judge to any ex parte oral or written communication;
and
(e) A memorandum reflecting the
substance of any oral response made by the administrative law judge to any ex
parte oral or written communication.
(3) The administrative law judge shall advise
the agency and all parties in the proceeding that an ex parte communication has
been made a part of the record. The administrative law judge shall allow the
agency and parties an opportunity to respond to the ex parte communication. Any
responses shall be made part of the record.
(4) The provisions of this rule do not apply
to:
(a) Communications made to an
administrative law judge by other administrative law judges; or
(b) Communications made to an administrative
law judge by any person employed by the Office of Administrative Hearings to
assist the administrative law judge.
Stat. Auth.: ORS
183.341
Stats. Implemented: ORS
183.341,
183.630,
183.685 & Or Laws 2009, ch
866 ¦ 9
