Oregon Administrative Rules
Chapter 808 - LANDSCAPE CONTRACTORS BOARD
Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE
Section 808-009-0430 - Form of Exceptions to Agency Order
Universal Citation: OR Admin Rules 808-009-0430
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Exceptions to an agency order filed by a party to a claim under OAR 808-009-0400 or a respondent under 808-009-0420 shall conform to the following requirements:
(a) Exceptions
shall be typed or legibly printed on 8-1/2 by 11" sheets of paper.
(b) The first page of the exceptions must be
titled "Exceptions to Proposed Order." If the exceptions are filed in a claim,
the first page shall show the claim number, the names of the parties to the
claim and the party submitting the exceptions at the top of the page. If the
exceptions are filed in an enforcement action, the first page shall show the
name of the respondent at the top of the page.
(c) Each page of the exceptions shall be
numbered at the bottom of the page.
(d) For each finding of fact in the proposed
order that the party alleges is not supported by the evidence in the record the
following information shall be included in the exceptions:
(A) The pages on which the finding of fact
appear and the number, if any of the finding of fact;
(B) The text of the finding of fact;
and
(C) An explanation or argument
supporting the party's contention that the evidence in the record does not
support the finding of fact.
(e) For each conclusion in the proposed order
that the party alleges is based on an erroneous interpretation or application
of a statute or administrative rule or is contrary to an appellate court
decision the following information must be included in the exceptions:
(A) The pages on which the conclusion and the
opinion that supports it appear;
(B) The text of the conclusion; and
(C) An explanation or argument supporting the
party's contention that the conclusion is based on an erroneous interpretation
or application of a statute or administrative rule or is contrary to an
appellate court decision.
(f) For each procedural error committed by
the administrative law judge that the party contends directly affected the
decision in the proposed order in a manner prejudicial to the party the
following information shall be included in the exceptions:
(A) A description of the procedural error;
and
(B) An explanation or argument
supporting the party's contention that the procedural error affected the
decision and was prejudicial to the party filing the exceptions.
(g) If the party intends to rely
on oral testimony at the hearing, a notification that the party intends to rely
on oral testimony shall be included in the exceptions.
(h) The party submitting the exceptions shall
sign and date the exceptions.
(2) The Board may refuse to consider exceptions that do not substantially meet the requirements of section (1) of this rule.
Stat. Auth.: ORS 670.310, ORS 671.670, ORS 671.703
Stats. Implemented: ORS 183 & ORS 671.703
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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