Current through Bulletin 2024-18, September 15, 2024
(1) The hearing or other proceeding shall be
conducted by a qualified presiding officer. The presiding officer:
(a) shall not have been involved in preparing
the information alleged in the notice that is the basis of the adjudicative
proceeding; and
(b) shall not
conduct a hearing or other adjudicative proceeding in a contested case if it is
alleged and proved that good cause exists for the removal of the presiding
officer assigned to the case.
(2) The party or representative requesting
the change of the presiding officer shall make the request in writing. The
request shall be filed and called to the attention of the presiding officer not
less than 24 hours in advance of the hearing.
(3) When conducting a hearing, the presiding
officer shall determine the liability and responsibility, if any, of the
respondent pursuant to Section
62A-11-304.2,
based upon the notice of agency action, objections thereto, if any, and the
evidence adduced at the hearing.
Following determination of liability, the presiding officer
shall refer the obligor to the team handling the case for determination of
acceptable periodic payment or alternative means of satisfaction of any
arrearage obligation.
(4)
the presiding officer conducting the hearing may:
(a) regulate the course of hearing on issues
designated for hearing;
(b) receive
and determine procedural requests, rule on offers of proof and evidentiary
objections, receive relevant evidence, rule on the scope and extent of
cross-examination, and hear argument and make determination of questions of law
necessary to the conduct of the hearing;
(c) request testimony under oath or
affirmation administered by the presiding officer; and
(d) upon motion, amend the notice of agency
action to conform to the evidence.
(5) The rules of evidence in hearings are as
follows:
(a) discovery is prohibited, but the
office of the attorney general may issue subpoenas or other orders to compel
production of necessary evidence;
(b) any person who is a party to the
proceedings may call witnesses and present such oral, documentary, and other
evidence and comment on the issues and conduct such cross-examination of any
witness as may be required for a full and true disclosure of facts relevant to
any issue designated for fact hearing and as may affect the disposition of any
interest that permits the person participating to be a party;
(c) any evidence may be presented by
affidavit rather than by oral testimony subject to the right of any party to
call and examine or cross-examine the affiant;
(d) relevant evidence shall be
admitted;
(e) official notice may
be taken of facts that judicial notice may be taken in the courts of this
state;
(f) parties shall have
access to information contained in ORS's files and to materials and information
gathered in the investigation, to the extent permitted by law and pursuant to
Rule R527-5;
(g) intervention is
prohibited; and
(h) in child
support cases the hearing shall be open to the parties as defined in Section
R527-200-2.
(5) Rights of the parties in
hearings:
(a) a respondent appearing before
the presiding officer for a hearing may be represented by a licensed attorney,
or, after leave of the presiding officer, any other person designated to act as
the respondent's representative for the hearing; and
(b) ORS's supporting evidence for ORS's claim
shall be presented at a hearing before a presiding officer by an agent or
representative from ORS. At ORS's discretion, the supporting evidence may be
presented by an attorney representing ORS.
