OAR 137-003-0600
Conducting the Contested Case Hearing


(1)

The contested case hearing shall be conducted by and under the control of the administrative law judge assigned from the Office of Administrative Hearings.

(2)

If the administrative law judge has an actual or potential conflict of interest as defined in ORS 244.020 (Definitions)(1) or (12), that administrative law judge shall comply with the requirements of ORS Chapter 244 (Government Ethics) (e.g., 244.120 (Methods of handling conflicts) and 244.130 (Recording of notice of conflict)).

(3)

At the commencement of the hearing, the administrative law judge shall explain the issues involved in the hearing and the matters that the parties must either prove or disprove.

(4)

The hearing shall be conducted so as to include the following:

(a)

The statement and evidence of the proponent in support of its action;

(b)

The statement and evidence of opponents, interested agencies, and other parties; except that limited parties may address only subjects within the area to which they have been limited;

(c)

Any rebuttal evidence; and

(d)

Any closing arguments.

(5)

The administrative law judge, the agency through an agency representative or assistant attorney general, interested agencies through an assistant attorney general, and parties or their attorneys or authorized representatives shall have the right to question witnesses. However, limited parties may question only those witnesses whose testimony may relate to the area or areas of participation granted by the agency.

(6)

The hearing may be continued with recesses as determined by the administrative law judge.

(7)

The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, irrelevant or immaterial matter.

(8)

Exhibits shall be marked and maintained by the administrative law judge as part of the record of the proceedings.

(9)

If the administrative law judge receives any written or oral ex parte communication during the contested case proceeding, the administrative law judge shall notify all parties and otherwise comply with the requirements of OAR 137-003-0625 (Ex Parte Communications with Administrative Law Judge).

(10)

The administrative law judge may request that any closing arguments be submitted in writing or orally.

Source: Rule 137-003-0600 — Conducting the Contested Case Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0600.

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 137-003-0600’s source at or​.us