OAR 137-003-0520
Filing and Providing Copies of Documents in Contested Case

(1)

Notwithstanding any other provision of these rules, a hearing request is considered filed when actually received by the agency.

(2)

Unless otherwise provided by these rules, any documents filed for the record in the contested case shall be filed as follows:

(a)

Before the case is referred by the agency to the Office of Administrative Hearings, with the agency;

(b)

After the case is referred to the Office of Administrative Hearings and before the assigned administrative law judge issues a proposed order, with the administrative law judge;

(c)

After the assigned administrative law judge issues a proposed order, with the agency, or with the administrative law judge if the administrative law judge will issue the final order or if the document is required to be filed with the administrative law judge pursuant to OAR 137-003-0650 (Exceptions to Proposed Order).

(3)

The agency and the Office of Administrative Hearings shall refer any document to the correct entity.

(4)

Filing may be accomplished by hand delivery, facsimile or mail or by any other method permitted by the agency or administrative law judge.

(5)

A party or agency filing any document for the record shall at the same time provide copies of the documents to the agency and the parties, or their counsel if the agency or party is represented.

(6)

The agency may by rule or in writing waive the right to receive copies of documents filed under this rule if the administrative law judge is authorized to issue the final order or if the agency is not a participant in the contested case hearing.

(7)

Each party shall notify all other parties, the agency and the administrative law judge of any change in the party’s address or withdrawal or change of the party’s representatives, including legal counsel. If an attorney withdraws from representing a party, the attorney shall provide written notice of the withdrawal to the administrative law judge, all other parties and the agency, unless the agency has waived the right to receive notice.

(8)

The agency shall notify all parties and the administrative law judge of any change in the agency’s address or withdrawal or change of the agency’s representatives, including legal counsel.

(9)

Documents sent through the U.S. Postal Service to the agency, Office of Administrative Hearings or assigned administrative law judge shall be considered filed on the date postmarked. Documents sent by facsimile or hand-delivered are considered filed when received by the agency, Office of Administrative Hearings or assigned administrative law judge. If the agency permits or the administrative law judge directs alternative means of filing, the agency or the administrative law judge should determine when filing is effective for each alternative method permitted or directed.

(10)

Documents sent through the U.S. Postal Service by regular mail are presumed to have been received by the addressee, subject to evidence to the contrary.

(11)

In computing any period of time prescribed or allowed by OAR 137-003-0501 (Rules for Office of Administrative Hearings) through 137-003-0700 (Stay Proceeding and Order), the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the time period shall be included, unless it is a scheduled day of office closure, in which event the time period runs until the end of the next day that the office is open. Scheduled days of office closure include, but are not limited to, Saturdays and the legal holidays identified in ORS 187.010 (Legal holidays) and 187.020 (Additional legal holidays), including Sundays.

Source: Rule 137-003-0520 — Filing and Providing Copies of Documents in Contested Case, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0520.

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 137-003-0520’s source at or​.us