OAR 340-011-0573
Contested Cases: Proposed Orders in Contested Cases
(1)
Following the close of the record for a contested case hearing, the administrative law judge will issue a proposed order. The administrative law judge will serve the proposed order on each participant.(2)
Within 15 days after a proposed contested case order is served, a participant in the contested case hearing may file a motion requesting that the administrative law judge clarify or supplement a proposed order. The motion must specify why the participant believes that the proposed order fails to conform to the requirements of OAR 137-003-0645 (Proposed Orders in Contested Cases) and recommend changes to the order. The motion must be filed with the administrative law judge and a copy provided to all participants.(3)
The administrative law judge may grant or deny a motion filed under section (2) of this rule within 15 days. If the motion is granted, the administrative law judge may take the matter under advisement and reissue the proposed order unchanged or may issue an amended proposed order. If the administrative law judge fails to act on the motion within 15 days, the motion is deemed denied by operation of law.(4)
The filing of a timely motion for clarification under section (2) of this rule tolls the period for filing a Petition for Commission Review of the proposed contested case order under OAR 340-011-0575 (Contested Cases: Review of Proposed Orders in Contested Cases). Tolling of the period begins on the day the motion is filed with the administrative law judge and ends on the day the motion is denied, deemed denied by operation of law, or the proposed order is reissued without changes. If the administrative law judge issues an amended proposed order, the amended order will be treated as a new proposed order for the purpose of filing a timely Petition for Commission Review under 340-011-0575 (Contested Cases: Review of Proposed Orders in Contested Cases).(5)
The motion for clarification authorized by this rule is intended to alter the provisions of OAR 137-003-0655 (Further Hearing and Issuance of Final Order) but not to eliminate the authority of the administrative law judge to correct a proposed order in the manner specified in section (2) of that rule.(6)
A motion for clarification and any response to a motion for clarification will be part of the record on appeal.
Source:
Rule 340-011-0573 — Contested Cases: Proposed Orders in Contested Cases, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-011-0573.