OAR 137-003-0025
Discovery in Contested Cases Hearing

(1)

Discovery by the agency or any party may be permitted in appropriate contested cases at the discretion of the agency. Any party may petition the agency pursuant to the requirements in this rule for an order allowing discovery. Before requesting a discovery order, a party must seek the discovery through an informal exchange of information.

(2)

Discovery may include but is not limited to one or more of the following methods:

(a)

Depositions of a material witness;

(b)

Disclosure of names and addresses of witnesses expected to testify at the hearing;

(c)

Production of documents, which may but need not be limited to documents that the party producing the documents plans to offer as evidence;

(d)

Production of objects for inspection;

(e)

Permission to enter upon land to inspect land or other property;

(f)

Requests for admissions;

(g)

Written interrogatories;

(h)

Prehearing conferences, as provided in OAR 137-003-0035 (Prehearing Conferences).

(3)

Intentionally left blank —Ed.

(a)

A party seeking to take the testimony of a material witness by deposition shall file a written request with the agency, with a copy to all other parties. The request must include the name and address of the witness, a showing of the materiality of the witness’s testimony, an explanation of why a deposition rather than informal or other means of discovery is necessary, and a request that the witness’s testimony be taken before an individual named in the request for the purpose of recording testimony.

(b)

For all other forms of discovery, a request for a discovery order must be in writing and must include a description of the attempts to obtain the requested discovery informally. The request must be mailed or delivered to the agency, with a copy to other parties.

(4)

Any discovery request must be reasonably likely to produce information that is generally relevant to the case. If the relevance of the requested discovery is not apparent, the agency may require the party requesting discovery to explain how the request is likely to produce relevant information. If the request appears to be unnecessary, the agency may require an explanation of why the requested information is necessary or is likely to facilitate resolution of the case.

(5)

The agency may, but is not required to, authorize the requested discovery. In making its decision, the agency shall consider any objections by the party from whom the discovery is sought. The agency shall issue an order granting or denying a discovery request in whole or in part.

(6)

If the agency does authorize discovery, the agency shall control the methods, timing and extent of discovery. The agency may limit discovery to a list of witnesses and the principal documents upon which the agency and parties will rely;

(7)

Only the agency may issue subpoenas in support of discovery. The agency may apply to the circuit court to compel obedience to a subpoena.

(8)

The agency may delegate to a presiding officer its authority to order and control discovery. The delegation must be in writing, and it may be limited to specified forms of discovery.

(9)

The presiding officer may refuse to admit evidence that was not disclosed in response to a discovery order, unless the party that failed to provide discovery offers a satisfactory reason for having failed to do so, or unless excluding the evidence would violate the duty to conduct a full and fair inquiry under ORS 183.415 (Notice of right to hearing)(10). If the presiding officer admits evidence that was not disclosed as ordered, the presiding officer may grant a continuance to allow an opportunity for the agency or other party to respond.

Source: Rule 137-003-0025 — Discovery in Contested Cases Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0025.

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 137-003-0025’s source at or​.us