OAR 137-003-0572
Depositions in Contested Cases

(1)

Depositions may not be taken in contested cases without agency authorization.

(2)

A party or an attorney representing the agency may petition the agency for an order to take a deposition of a witness. A copy of the petition shall be sent to all other parties and the administrative law judge. The petition shall include the name and address of the witness, explain why the witness’s testimony is material to the proceedings and explain why no other means of obtaining the witness’s testimony for the hearing is adequate. As used in this rule, materiality means the testimony sought tends to make the existence of any fact that is of consequence to the determination of the issues more or less probable.

(3)

The agency shall consider the petition and issue a written order either granting or denying the deposition. If the agency grants the deposition, the deposition shall be taken on such terms as the agency may order including, but not limited to, location, manner of recording, time of day, persons permitted to be present and duration.

(4)

Examination and cross-examination of deponents may proceed as permitted at hearing.

(5)

The testimony of the deponent shall be recorded.

(6)

All objections made at the time of the examination shall be noted on the record.

(7)

At any time during the taking of a deposition, upon motion and a showing by a party, the agency or a deponent that the deposition is being conducted or hindered in bad faith or in a manner not consistent with these rules or in such manner as unreasonably to annoy, embarrass or oppress the deponent, the agency or any party, the agency may order the examination to cease or may limit the scope or manner of the taking of the deposition. The taking of the deposition shall be suspended for the time necessary to make a motion under this subsection.

(8)

Documents and things produced for inspection during the examination of the witness shall, upon the request of a party or the agency, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party or the agency.

(9)

Deposition of a non-party may be compelled by a subpoena issued by the agency. The agency or the party requesting the deposition may apply to circuit court to compel obedience to a subpoena issued to compel a deposition.

(10)

Unless otherwise prohibited by law, the agency may delegate to the administrative law judge its authority to authorize or limit depositions. Unless expressly required by law or expressly stated in the delegation by the agency, an administrative law judge may not require the agency to pay for any deposition taken by a party.

Source: Rule 137-003-0572 — Depositions in Contested Cases, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0572.

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 137-003-0572’s source at or​.us