OAR 438-085-0825
Conduct of Hearing

(1)

Testimony shall be taken only on oath or affirmation.

(2)

Each party shall have these rights:

(a)

To call and examine parties and witnesses;

(b)

To offer documents as evidence;

(c)

To question the witnesses of other parties on any matter relevant to the issues even though that matter was not covered in the direct examination;

(d)

To offer evidence to impeach any witness regardless of which party first called the witness to testify; and

(e)

To offer rebuttal evidence.

(3)

The taking of evidence in the hearing shall be controlled by the Administrative Law Judge in the manner best suited to ascertain the facts and safeguard the rights of the parties.

(4)

The hearing shall be conducted in the English language. Upon reasonable advance request, a qualified interpreter shall be provided in accordance with ORS 183.418.

(5)

For purposes of ORS 654.078 (Contesting violations)(6) and notwithstanding OAR 438-085-0026 (Definitions)(15) and sections (1) through (4) of this rule, the issue of the time fixed for correction of a serious violation may be determined based upon a hearing record consisting of affidavits, stipulations, and such other documentary evidence as permitted by the ALJ.

Source: Rule 438-085-0825 — Conduct of Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-085-0825.

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 438-085-0825’s source at or​.us