OAR 438-085-0740
Discovery

(1)

Unless otherwise provided by the assigned Administrative Law Judge, within 14 days after the mailing of the notice of case assignment pursuant to OAR 438-085-0306 (Hearings Division Response to Request For Hearing) OR-OSHA shall provide to the other parties or their representatives copies of all documents in its possession pertaining to the contested matter, including relevant rules, unless previously provided.

(2)

Unless otherwise provided by the assigned Administrative Law Judge, within 14 days of OR-OSHA’s mailing, the other parties or their representatives shall furnish to OR-OSHA copies of documents in their possession pertaining to the matter which they did not receive from OR-OSHA, unless previously provided.

(3)

Copies of documents acquired after the initial exchanges shall be provided to the other parties immediately after the disclosing party’s receipt of the documents.

(4)

Subject to limitations imposed pursuant to OAR 438-085-0805 (Duties and Powers of Administrative Law Judge)(2), depositions and interrogatories are allowed by agreement of the parties or upon motion of a party and an order of the Administrative Law Judge.

(5)

A reporter’s fee for a deposition shall be paid by the party who requested the deposition unless otherwise agreed by the parties or directed by the assigned Administrative Law Judge.

(6)

Notwithstanding sections (1) through (3), the assigned Administrative Law Judge may, after discussion with the parties, set timelines for completion of discovery.

(7)

Where a “document” cannot be photocopied but it is discoverable, the possessing party shall so advise the other party or parties and shall cooperate in arranging for its inspection.

(8)

Notwithstanding sections (1) through (3), privileged and work product documents shall not be subject to disclosure.

(9)

Failure of a party to comply with this rule or with any requirements set by the assigned Administrative Law Judge may result in continuance of the hearing, exclusion of the documents from the evidentiary record, vacation of the citation, dismissal of the request for hearing, or such other sanctions as the assigned Administrative Law Judge may deem appropriate.

Source: Rule 438-085-0740 — Discovery, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-085-0740.

438–085–0006
Scope 438–085–0010
Effective Date 438–085–0017
Board Policy 438–085–0021
Number 438–085–0026
Definitions 438–085–0111
Form and Content of Request for Hearing 438–085–0116
Where to File a Request for Hearing 438–085–0131
Computing Time Periods 438–085–0141
Untimely Requests for Hearing 438–085–0200
Special Definitions 438–085–0210
Mediator Qualifications 438–085–0216
Untimely Appeals 438–085–0220
Standards of Mediator Conduct 438–085–0240
Standards of Conduct for Representatives and Parties 438–085–0250
Requests for Mediation 438–085–0260
Mediation Agreements 438–085–0305
Transmittal of Documents to Hearings Division 438–085–0306
Hearings Division Response to Request For Hearing 438–085–0406
Necessary Parties 438–085–0411
Employee Rights 438–085–0426
Intervention 438–085–0431
Representatives of Parties 438–085–0436
Access to Documents 438–085–0506
Captions of Cases 438–085–0511
Form of Documents 438–085–0526
Amendments as of Right 438–085–0531
Correction of Defective Request for Hearing 438–085–0541
Service of Documents on Other Parties 438–085–0545
Proof of Service 438–085–0550
Ex Parte Communications 438–085–0606
Withdrawal of Request for Hearing 438–085–0611
Withdrawal by Affected Employee, Authorized Representative, or Intervenor 438–085–0616
Withdrawal by OR-OSHA 438–085–0621
Settlement 438–085–0631
Sanctions for Failure to File Documents 438–085–0710
Setting and Notice of Hearing 438–085–0715
Place of Hearing 438–085–0718
Hearing Security 438–085–0720
Postponement or Continuance of Hearing 438–085–0725
Statement of Issues 438–085–0730
Consolidation or Separation 438–085–0735
Motions 438–085–0740
Discovery 438–085–0745
Subpoenas 438–085–0750
Change of Administrative Law Judge 438–085–0755
Extensions of Time 438–085–0800
Decision by Administrative Law Judge Without Hearing 438–085–0805
Duties and Powers of Administrative Law Judge 438–085–0810
Failure to Appear 438–085–0815
Record and Transcript of Hearing 438–085–0820
Burden of Proof 438–085–0825
Conduct of Hearing 438–085–0835
Exclusion of Witness from Hearing Room 438–085–0840
Rules of Evidence 438–085–0845
Official Notice 438–085–0850
Offers of Proof 438–085–0855
Exhibits 438–085–0860
View of Premises 438–085–0865
Opinion and Order of Administrative Law Judge 438–085–0870
Reconsideration
Last Updated

Jun. 8, 2021

Rule 438-085-0740’s source at or​.us