Transmittal of Questions to the Agency
(1)Questions regarding the following issues may be transmitted to the agency:
(a)The agency’s interpretation of its rules and applicable statutes; or
(b)Which rules or statutes apply to a proceeding.
(2)At the request of a party, the agency, or their representatives, or on the administrative law judge’s own motion, the administrative law judge may transmit a question to the agency unless the agency by rule or in writing elects not to make available this process for transmittal of questions to the agency.
(3)The administrative law judge shall submit any transmitted question in writing to the agency. The submission shall include a summary of the matter in which the question arises and shall be served on the agency representative and parties in the manner required by OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case).
(4)The agency may request additional submissions by a party or the administrative law judge in order to respond to the transmitted question.
(5)Unless prohibited by statute or administrative rules governing the timing of hearings, the administrative law judge may stay the proceeding and shall not issue the proposed order or the final order, if the administrative law judge has authority to issue the final order, until the agency responds to the transmitted question.
(6)The agency shall respond in writing to the transmitted question within a reasonable time. The agency’s response must be signed by a person with authority to speak on the question transmitted.
(7)The agency’s response shall be made a part of the record of the contested case hearing. The agency’s response may be to decline to answer the transmitted question. The agency shall provide its response to the administrative law judge and to each party. The parties may reply to the agency’s response within a reasonable time.
Rule 137-003-0635 — Transmittal of Questions to the Agency,