OAR 137-003-0005
Participation as Party or Limited Party


(1)

Persons who have an interest in the outcome of the agency’s contested case proceeding or who represent a public interest in such result may request to participate as parties or limited parties.

(2)

A person requesting to participate as a party or limited party shall file a petition with the agency at least 21 calendar days before the date set for the hearing and shall include a sufficient number of copies of the petition for service on all parties. Petitions untimely filed shall not be considered unless the agency determines that good cause has been shown for failure to file timely.

(3)

The petition shall include the following:

(a)

Names and addresses of the petitioner and of any organization the petitioner represents;

(b)

Name and address of the petitioner’s attorney, if any;

(c)

A statement of whether the request is for participation as a party or a limited party, and, if as a limited party, the precise area or areas in which participation is sought;

(d)

If the petitioner seeks to protect a personal interest in the outcome of the agency’s proceeding, a detailed statement of the petitioner’s interest, economic or otherwise, and how such interest may be affected by the results of the proceeding;

(e)

If the petitioner seeks to represent a public interest in the results of the proceeding, a detailed statement of such public interest, the manner in which such public interest will be affected by the results of the proceeding, and the petitioner’s qualifications to represent such public interest;

(f)

A statement of the reasons why existing parties to the proceeding cannot adequately represent the interest identified in subsection (3)(d) or (e) of this rule.

(4)

The agency shall serve a copy of the petition on each party personally or by mail. Each party shall have seven calendar days from the date of personal service or agency mailing to file a response to the petition.

(5)

If the agency determines under OAR 137-003-0003 (Late Filing) that good cause has been shown for failure to file a timely petition, the agency at its discretion may:

(a)

Shorten the time within which responses to the petition shall be filed; or

(b)

Postpone the hearing until disposition is made of the petition.

(6)

If a person is granted participation as a party or a limited party, the agency may postpone or continue the hearing to a later date if necessary to avoid an undue burden to one or more of the parties in the case.

(7)

In ruling on petitions to participate as a party or a limited party, the agency shall consider:

(a)

Whether the petitioner has demonstrated a personal or public interest that could reasonably be affected by the outcome of the proceeding;

(b)

Whether any such affected interest is within the scope of the agency’s jurisdiction and within the scope of the notice of contested case hearing;

(c)

When a public interest is alleged, the qualifications of the petitioner to represent that interest;

(d)

The extent to which the petitioner’s interest will be represented by existing parties.

(8)

A petition to participate as a party may be treated as a petition to participate as a limited party.

(9)

If the agency grants a petition, the agency shall specify areas of participation and procedural limitations as it deems appropriate.

(10)

An agency ruling on a petition to participate as a party or as a limited party shall be by written order and served promptly on the petitioner and all parties. If the petition is allowed, the agency shall also serve petitioner with the notice of rights required by ORS 183.413 (Notice to parties before hearing of rights and procedure)(2).

Source: Rule 137-003-0005 — Participation as Party or Limited Party, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0005.

137–003–0000
Applicability of Rules in OAR 137, Division 3
137–003–0001
Contested Case Notice
137–003–0002
Rights of Parties in Contested Cases
137–003–0003
Late Filing
137–003–0005
Participation as Party or Limited Party
137–003–0007
Agency Participation as Interested Agency or Party
137–003–0008
Authorized Representative in Designated Agencies
137–003–0010
Emergency License Suspension, Refusal to Renew
137–003–0015
Use of Collaborative Dispute Resolution in Contested Cases Hearing
137–003–0025
Discovery in Contested Cases Hearing
137–003–0035
Prehearing Conferences
137–003–0036
Individually Identifiable Health Information
137–003–0037
Qualified Interpreters
137–003–0040
Conducting Contested Case Hearing
137–003–0045
Telephone Hearings
137–003–0050
Evidentiary Rules
137–003–0055
Ex Parte Communications
137–003–0060
Proposed Orders in Contested Cases, Filing Exceptions
137–003–0070
Final Orders in Contested Cases
137–003–0075
Final Orders by Default
137–003–0080
Reconsideration and Rehearing — Contested Cases
137–003–0090
Stay Request
137–003–0091
Intervention in Stay Proceeding
137–003–0092
Stay Proceeding and Order
137–003–0501
Rules for Office of Administrative Hearings
137–003–0505
Contested Case Notice
137–003–0510
Rights of Parties in Contested Cases
137–003–0515
Agency Referral to Office of Administrative Hearings
137–003–0520
Filing and Providing Copies of Documents in Contested Case
137–003–0525
Scheduling Hearings
137–003–0528
Late Hearing Requests
137–003–0530
Late Filing and Amendment of Documents
137–003–0535
Participation as Party or Limited Party
137–003–0540
Agency Participation as Interested Agency or Party
137–003–0545
Representation of Agency by Attorney General or Agency Representative
137–003–0550
Representation of Parties
137–003–0555
Authorized Representative of Parties Before Designated Agencies
137–003–0560
Emergency License Suspension, Refusal to Renew
137–003–0565
Use of Collaborative Dispute Resolution in Contested Case Hearing
137–003–0566
Discovery in Contested Case Hearing — Methods
137–003–0567
Discovery in Contested Case Hearing — Standard
137–003–0568
Discovery in Contested Case Hearing — Procedure
137–003–0569
Discovery in Contested Case Hearing — Enforcement
137–003–0572
Depositions in Contested Cases
137–003–0573
Individually Identifiable Health Information
137–003–0575
Prehearing Conferences
137–003–0580
Motion for Summary Determination
137–003–0585
Subpoenas
137–003–0590
Qualified Interpreters
137–003–0595
Public Attendance
137–003–0600
Conducting the Contested Case Hearing
137–003–0605
Telephone Hearings
137–003–0610
Evidentiary Rules
137–003–0615
Judicial Notice and Official Notice of Facts
137–003–0625
Ex Parte Communications with Administrative Law Judge
137–003–0630
Motions
137–003–0635
Transmittal of Questions to the Agency
137–003–0640
Immediate Review by Chief Administrative Law Judge
137–003–0645
Proposed Orders in Contested Cases
137–003–0650
Exceptions to Proposed Order
137–003–0655
Further Hearing and Issuance of Final Order
137–003–0660
Ex Parte Communications to Agency during Review of Contested Case
137–003–0665
Final Orders in Contested Cases
137–003–0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default
137–003–0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing
137–003–0675
Reconsideration and Rehearing — Contested Cases
137–003–0690
Stay Request — Contested Case
137–003–0695
Intervention in Stay Proceeding
137–003–0700
Stay Proceeding and Order
Last Updated

Jun. 8, 2021

Rule 137-003-0005’s source at or​.us