OAR 137-003-0655
Further Hearing and Issuance of Final Order

(1)

After issuance of the proposed order, if any, the administrative law judge shall not hold any further hearing or revise or amend the proposed order except at the request of the agency, except as provided in this subsection. The administrative law judge may withdraw a proposed order for correction within three working days of issuance of the proposed order. If the administrative law judge withdraws a proposed order for correction, the time for filing exceptions shall begin on the date the administrative law judge issues the corrected proposed order.

(2)

If the agency requests the administrative law judge to conduct a further hearing under section (1) of this rule, the agency shall specify the scope of the hearing and the issues to be addressed. After further hearing, the administrative law judge shall issue a proposed order.

(3)

If the administrative law judge’s proposed order recommended a decision favorable to a party and the agency intends to reject that recommendation and issue an order adverse to that party, the agency shall issue an amended proposed order if:

(a)

The official(s) who are to render the final order have not considered the record; or

(b)

The changes to the proposed order are not within the scope of any exceptions or agency comment to which there was an opportunity to respond.

(4)

Any amended proposed order issued under section (3) of this rule shall comply with OAR 137-003-0665 (Final Orders in Contested Cases)(3) and (4) and shall include a statement that the party may file exceptions and present argument to the agency. The agency shall serve the amended proposed order on each party to the contested case proceeding.

(5)

The agency or, if authorized to issue a final order, administrative law judge shall consider any timely exceptions and argument before issuing a final order. If exceptions are received, the agency or the administrative law judge may not consider new or additional evidence unless the agency requests the administrative law judge to conduct further hearings under section (1) of this rule. The agency or administrative law judge may issue an amended proposed order in light of any exceptions or argument.

(6)

The agency or, if authorized, the administrative law judge shall issue a final order in accordance with OAR 137-003-0665 (Final Orders in Contested Cases). The agency may adopt the proposed order as the final order, or modify the proposed order and issue the modified order as the final order.

(7)

An agency should issue an amended proposed order or a final order within 90 days of the date of the proposed order. When an agency will not issue an amended proposed order or final order within 90 days of the proposed order, the agency shall give written notice to the administrative law judge and all parties of the date by which the agency expects to issue the amended proposed order or the final order. This rule does not apply to proceedings under ORS chapters 539 and 537.670 (Determination of rights to appropriate ground water of ground water reservoir) through 537.700 (Issuing ground water right certificate). An agency may adopt a rule exempting classes of cases from the requirements of this subsection upon the agency’s determination that, due to the nature of the cases, 90 days normally is an insufficient time in which to issue an amended proposed or final order. The requirements of this subsection apply to all orders for which the proposed order is issued after January 31, 2012.

(8)

If an agency decision maker has an actual or potential conflict of interest as defined in ORS 244.020 (Definitions)(1) or (7), that decision maker shall comply with the requirements of ORS Chapter 244 (Government Ethics), including but not limited to 244.120 (Methods of handling conflicts) and 244.130 (Recording of notice of conflict).

Source: Rule 137-003-0655 — Further Hearing and Issuance of Final Order, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0655.

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 137-003-0655’s source at or​.us