OAR 137-003-0501
Rules for Office of Administrative Hearings

(1)

OAR 137-003-0501 (Rules for Office of Administrative Hearings) to 137-003-0700 (Stay Proceeding and Order) apply to the conduct of all contested case hearings conducted for an agency by an administrative law judge assigned from the Office of Administrative Hearings unless:

(a)

The case is not subject to the procedural requirements for contested cases; or

(b)

The Attorney General, after consultation with the Chief Administrative Law Judge, has exempted the agency or a category of the agency’s cases, by order, from the application of these rules in whole or in part.

(2)

Any procedural rules adopted by the agency related to the conduct of hearings shall not apply to contested case hearings conducted for the agency by an administrative law judge assigned from the Office of Administrative Hearings unless required by state or federal law or specifically authorized by these rules or by order of the Attorney General.

(3)

An agency may have rules specifying the time for requesting a contested case hearing, the permissible scope of the hearing and timelines for issuance of a proposed or final order. A request for hearing will be deemed to be a general denial of the matters alleged in the notice, unless a more specific response is required by statute or by agency rule. An agency rule establishing a different requirement for the response must be based on the agency’s determination that, due to the complexity of the program or category of cases, a more specific response is warranted. Such rules should also provide parties the opportunity to amend their responses except when doing so would be unduly prejudicial. The amendments to this subsection apply to all hearing requests filed after January 31, 2012.

(4)

Agencies with authority to assess the costs of an action or proceeding against a party may have rules specifying procedures related to assessment of costs.

(5)

The agency’s substantive rules, including those allocating the burden of proof, shall apply to all of its hearings.

(6)

If permitted by law, the agency may delegate to an administrative law judge any of the agency’s functions under these rules, including the authority to issue a final order. This delegation must be in writing and may be for a category of cases or on a case-by-case basis.

(7)

For purposes of OAR 137-003-0501 (Rules for Office of Administrative Hearings) to 137-003-0700 (Stay Proceeding and Order), “good cause” exists when an action, delay, or failure to act arises from an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of a party or agency relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of a party or agency participating in the proceeding.

(8)

OAR 471-060-0005 (Request for Change of Administrative Law Judge), Request for Change of Administrative Law Judge, applies to contested cases conducted by the Office of Administrative Hearings.

Source: Rule 137-003-0501 — Rules for Office of Administrative Hearings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0501.

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 137-003-0501’s source at or​.us