Current through Register Vol. 63, No. 9, September 1, 2024
(1) After a contested case claim hearing,
claimant or licensee may file written exceptions if they believe that the
administrative law judge has made a procedural error or that the proposed order
is not supported by evidence received at the hearing.
(2) To be considered:
(a) The first exceptions must be received by
the agency within 21 days of the date of mailing the proposed order.
(b) If one party files timely exceptions,
exceptions by the opposing party, if that party chooses to file them, must be
received by the agency within 14 days after the date the agency mails a copy of
the first exceptions to the opposing party.
(3)
(a) If
written exceptions are not timely received, the order will become final under
OAR 808-009-0160.
(b) If exceptions are timely received, the
matter will be set for consideration by the Board at a regularly scheduled
Board meeting for which agenda space is available.
(4) The exceptions must substantially conform
to the requirements set forth in OAR
808-009-0430.
(5) Copies of exceptions filed will be mailed
to the other side who may respond to the exceptions. Response and any written
argument for or against the proposed order will be accepted up to 15 days prior
to the Board meeting date if the original exceptions were timely
received.
(6)
(a) If a party filing exceptions intends to
rely on oral testimony given at the hearing, the party must include in the
exceptions:
(A) A notice of the intention to
rely on oral testimony, and
(B) A
request for a copy of the recording of the hearing with the fee required under
OAR 808-001-0020.
(b) After the agency receives a
party's exceptions containing a notice of an intention to rely on oral
testimony under subsection (a) of this section, the agency must send a copy of
the recording of the hearing to the other party to the claim at no charge
unless that party also filed exceptions that included a notice of intention to
rely on oral testimony.
(c) The
party that filed the notice of intention to rely on oral testimony must prepare
a typed transcript of the portions of the hearing testimony that the party
contends support the exceptions filed. The party must deliver the transcript to
the agency 21 days after the date of mailing of the recording of the hearing by
the agency to the party.
(d) The
agency must mail a copy of the transcript to the other party to the
claim.
(7)
(a) The party opposing the exceptions may
prepare a typed transcript of the portions of the hearing testimony that the
party contends support opposition to the exceptions. The opposing party must
deliver the transcript to the agency 21 days after the date the agency mailed
the transcript under subsection (6)(d) of this rule.
(b) The agency must mail a copy of the
transcript prepared under this section to the party that filed the
exceptions.
(8) The
Board may refuse to consider evidence of oral testimony submitted by a party if
the party fails to comply with the requirements of sections (6) and (7) of this
rule.
(9) Claimant and respondent
may appear before the members of the Board to argue for or against the proposed
order.
(10) The agency may waive
or extend the time limitations in sections (5) through (7) of this rule on its
own motion or on a showing of good cause by the person requesting the
waiver.
Stat. Auth.: ORS 183,
670.310 &
671.670
Stats. Implemented: ORS
183.413 -
183.470
