OAR 137-003-0568
Discovery in Contested Case Hearing — Procedure

(1)

Before filing a motion for an order requiring discovery, a party or the agency must make a good faith effort to obtain the information from the party, agency or person who has the information, unless the effort would pose a risk to any person or would be futile.

(2)

A motion for an order requiring discovery should be filed with and decided by the agency or the administrative law judge, as required by OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case)(2) and 137-003-0630 (Motions).

(3)

Any party seeking an order from the administrative law judge requiring discovery shall send a copy of the motion to the agency, unless the agency has waived notice, and to all other parties. If the agency seeks an order requiring discovery, the agency shall send a copy of the motion to all parties. A request for an order requiring discovery must include a description of the attempts to obtain the requested discovery informally, or an explanation why no such attempt was made, and an explanation of how the discovery is likely to produce information that is generally relevant and necessary to the case.

(4)

The agency or the administrative law judge may authorize the requested discovery if the agency or the administrative law judge determines that the requested discovery is reasonably likely to produce information that is generally relevant to the case and necessary or likely to facilitate resolution of the case. Upon request of a party, a witness, or the agency, the agency or the administrative law judge may deny, limit, or condition discovery to protect any party, any witness, or the agency from annoyance, embarrassment, oppression, undue burden or expense, or to limit the public disclosure of information that is confidential or privileged by statute or rule. In making a decision, the agency or administrative law judge shall consider any objections by the party, the witness or the agency from whom the discovery is sought.

(5)

If the agency or the administrative law judge authorizes discovery, the agency or the administrative law judge shall control the methods, timing and extent of discovery. Upon request of a party or the agency, the administrative law judge or the agency may issue a protective order limiting the public disclosure of information that is confidential or privileged by law.

(6)

Only the agency may issue subpoenas in support of a discovery order. The agency or the party requesting the discovery may apply to the circuit court to compel obedience to a subpoena. (Subpoenas for attendance of witnesses or production of documents at the hearing are controlled by OAR 137-003-0585 (Subpoenas).)

(7)

A party or agency dissatisfied with an administrative law judge’s discovery order may ask the Chief Administrative Law Judge for immediate review of the order. A request for review by the Chief Administrative Law Judge must be made in writing within 10 days of the date of the discovery order. The Chief Administrative Law Judge shall review the order and independently apply the criteria set out in OAR 137-003-0567 (Discovery in Contested Case Hearing — Standard). The Chief Administrative Law Judge’s order shall be in writing and shall explain any significant changes to the discovery order.

(8)

The Chief Administrative Law Judge or the agency may designate in writing a person to exercise their respective responsibilities under this rule.

(9)

In addition to or in lieu of any other discovery method, a party may ask an agency for records under the Public Records Law. The party making a public records request of the agency before which the contested case is pending should serve a copy of the public records request upon the agency representative or the attorney representing the agency.

Source: Rule 137-003-0568 — Discovery in Contested Case Hearing — Procedure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0568.

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 137-003-0568’s source at or​.us