(1)Unless otherwise required by the Administrative Law Judge, and not later than 21 days before the hearing, OR-OSHA shall provide to the assigned Administrative Law Judge legible copies of all proposed exhibits, numbered chronologically, earliest first, and indexed. Dated proposed exhibits shall precede those which are undated. Exhibit numbers shall be placed at the lower right corner of each page, except that depositions shall be numbered on the cover page only. OR-OSHA shall also provide to the other parties or their representatives an index of all proposed exhibits and copies of any proposed exhibits not previously provided pursuant to OAR 438-085-0740 (Discovery). Not less than 14 days before the hearing, or within seven days of receipt of the OR-OSHA index, whichever is later, the other parties or their representatives shall provide to OR-OSHA and to the Administrative Law Judge legible copies of any additional proposed exhibits, numbered chronologically and indexed to coincide with OR-OSHA’s exhibits. For example, a proposed exhibit falling chronologically between those OR-OSHA has numbered “6” and “7” shall be designated Exhibit 6A.
(2)Unless the Administrative Law Judge determines that exceptional circumstances require that an object or real evidence accompany the record, an accurate description or photograph of the object shall be substituted for it. The party offering the object or real evidence shall be responsible for providing the description or photograph, and for retaining custody of the object until all rights to review have expired.
(3)The parties shall offer as exhibits copies of only those portions of each Division of the Oregon Occupational Safety and Health Code upon which they intend to rely or which are otherwise relevant, and which were in effect and/or applicable on the dates pertaining to the issues in the case. In the event the relevant OR-OSHA rule adopts a Federal rule but does not contain the text thereof, a copy of the applicable Federal rule shall also be provided.
Rule 438-085-0855 — Exhibits,