Current through Register Vol. 63, No. 3, March 1, 2024
(1) The commissioner delegates Proposed Order
Authority to Administrative Law Judges employed by the Agency as hearings
officers and those persons who are appointed to preside at particular hearings.
The commissioner delegates to such designee the authority to:
(a) Rule on all motions filed prior to the
hearing.
(b) Issue subpoenas and
otherwise oversee the discovery process in a manner consistent with rules
relating to these powers.
(c) Hold
appropriate conferences, if necessary, before or during the course of the
hearing to discuss the conduct of the proceedings or the issues to be
presented.
(d) Regulate the course
of the hearing, including scheduling, reconvening, and adjourning.
(e) Maintain order during the course of the
hearing, including the authority to expel persons whose conduct is
disruptive.
(f) Make rulings on
motions or evidence, with or without objection, during the hearing.
(g) Question witnesses at the hearing and set
time limitations for argument or presentation.
(h) Limit or extend filing periods.
(i) Decide procedural matters, but not grant
motions for summary judgment or other motions by a party that involve final
determination of the proceeding, but to issue a Proposed Order as provided for
in these rules. Nothing in this section may be construed to prohibit the
Administrative Law Judge from making a routine disposition of a hearing
proceeding based on a settlement, on the Agency's withdrawal of the charging
document, or on other reasons not requiring a Final Order by the
commissioner.
(j) Prepare a
Proposed Order at the conclusion of the contested case hearing and cause it to
be served by the Contested Case Coordinator on the Agency, the commissioner,
and all parties to the case; and at the request of the commissioner, assist in
responding to any exceptions and the preparation of the Final Order.
(k) Take any other action consistent with the
duties of an Administrative Law Judge.
(2) In a contested case proceeding alleging
an unlawful practice under ORS
659A.145
or
659A.421,
or discrimination under federal housing law, only an employee of the bureau may
be a member of a special tribunal or an Administrative Law Judge appointed to
hear the matter.
Statutes/Other Implemented: ORS
279C.860,
279C.865,
652.332(3),
653.065(1),
658.115,
658.407(3),
658.820,
659A.845
& 659A.850
