OAR 438-082-0040
Conduct of Hearing; Evidence; Proposed Order; Notice to Parties
(1)
A record of all proceedings shall be made, except that no record need be made of prehearing conferences. The record shall be transcribed only by order of the Board.(2)
Subject to sections (3) and (7) of this rule, the hearing may be conducted in any manner reasonably calculated to achieve substantial justice.(3)
The entire record filed by the Department with the Board shall be received into evidence. No other documentary evidence shall be received. Only those persons whose statements were considered by the Department in reaching its decision shall be permitted to give testimony. Subject only to these limitations, there are no formal or technical rules of evidence; however, evidence may be excluded if it is irrelevant or unduly repetitious.(4)
If the applicant fails to appear at the requested hearing, the special hearings officer shall forthwith issue an order requiring the applicant to show cause in writing within ten days why the applicant’s request for Board review of Department’s decision should not be dismissed as having been abandoned. If no or an insufficient response is received to the order to show cause, the Board may dismiss the applicant’s request for review of Department’s decision or may take such other action as it deems appropriate.(5)
Not more than 30 days after the conclusion of the hearing, the special hearings officer shall file with the Board all documentary evidence received together with written findings of fact, conclusions, and a proposed order. Copies of the written findings of fact, conclusions and proposed order shall be simultaneously mailed to all interested parties.(6)
The proposed order shall contain the following notice:(7)
Hearings under these rules shall be open to the public except:(a)
The Board or a special hearings officer shall close the hearing to the public upon the motion or request of an applicant or, if the applicant is a minor, a parent or guardian of the applicant, for any of the reasons set forth in ORS 147.115 (Confidentiality of application information)(1); and(b)
The Board or a special hearings officer may close the hearing to the public upon the motion or request of an interested party other than the applicant or upon its or his or her own motion for any of the reasons set forth in ORS 147.115 (Confidentiality of application information)(1).
Source:
Rule 438-082-0040 — Conduct of Hearing; Evidence; Proposed Order; Notice to Parties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=438-082-0040.