Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Oregon Medical Board (Board) has
delegated to the Executive Director the authority to make certain procedural
determinations on its behalf on matters arising under the Attorney General's
Model Rules for Contested Cases in OAR 137-003-0001 to 137-003-0700. The
procedural functions include, but are not limited to:
(a) For discovery requests before the Board,
authorizing or denying requested discovery in a contested case, including the
methods, timing and extent of discovery;
(b) Issuing a Qualified Protective Order over
the materials subject to discovery, for the period prior to referring a case to
the Office of Administrative Hearings;
(c) Reviewing all requests to take a
deposition of a witness and to authorize or deny any request for deposition. If
a request to take a deposition is authorized, the Executive Director may
specify the terms on which the deposition is taken, to include, but not limited
to the location, the manner of recording, the time of day, the persons
permitted to be present, and the duration of the deposition;
(d) Determining whether a request for hearing
filed after the prescribed time will be accepted, based upon OAR 847-001-0005.
In making this determination, the Executive Director may require the request to
be supported by an affidavit or other writing to explain why the request is
late and may conduct such further inquiry as deemed appropriate. If the Board
disputes the facts contained in the explanation as to why the request was late
or the accuracy of the reason that the request was late, the requestor has a
right to a hearing before an Administrative Law Judge (ALJ) on the reasons for
that factual dispute;
(e) Whether
to issue a subpoena for the attendance of witnesses or to produce documents at
the hearing;
(f) Prior to the
issuance of a proposed order issued by an ALJ, whether the Board will consider
taking notice of judicially cognizable facts or of general, technical or
scientific facts in writing which are within the specialized knowledge of the
Board;
(g) Whether to submit to the
Board prior to an ALJ's proposed final order the following issues:
(A) The Board's interpretation of its rules
and applicable statutes;
(B) Which
rules or statutes are applicable to a proceeding;
(C) Whether the Board will answer a question
transmitted to it by the ALJ;
(h) In regard to a proposed order issued by
an ALJ, whether the Board's legal representative will file exceptions and
present argument to the Board; and
(i) Whether a request for delay of hearing on
emergency suspension will be accepted.
(2) All actions taken under section (1) of
this rule must be reported to the Board at the regularly scheduled meeting in
which the Board deliberates on the proposed order in the case.
(3) The Board's disciplinary cases brought
under ORS 677.205 and license denials are
exempt from the requirements of OAR 137-003-0655(7), which requires an agency
to give written notice to the ALJ and all parties of the date by which the
agency expects to issue an amended proposed order or a final order if the
agency will not issue an amended proposed order or final order within 90 days
of the proposed order. Due to the complexity of Board cases and the infrequency
of regularly scheduled Board meetings, 90 days is an insufficient time for the
Board to issue an amended proposed order or a final order.
