OAR 661-010-0040
Oral Argument


Only parties who have submitted briefs shall be allowed to present oral argument to the Board. The Board shall not consider issues raised for the first time at oral argument.


If a party waives the right to present oral argument, the Board shall consider the case based on that party’s brief and the briefs and oral arguments presented by other parties. The parties may, with consent of the Board, stipulate to submit a case to the Board on briefs without oral argument. If a party fails to appear at the time set for oral argument, the Board may deem the cause submitted without oral argument as to that party. A party’s failure to so appear shall not preclude oral argument by other parties.


The Board shall inform the parties of the time and place of oral argument. A party shall seek the consent of other parties before requesting a change in the scheduled time or date for oral argument.


Unless the Board otherwise orders, petitioner(s) shall be allowed 15 minutes for oral argument. Petitioner(s) may reserve up to 5 minutes for rebuttal following respondents’ oral argument, to respond to arguments made during respondents’ oral argument. Multiple petitioners shall share the 15 minutes. Requests for an overlength oral argument shall be submitted to the Board in writing at any time after the record is received but in no event later than seven days after the petition for review is filed, shall state whether all parties join in the request, and shall state the reasons why an overlength oral argument will assist the Board in resolving the appeal.


The respondent(s) shall be allowed 15 minutes to respond. Multiple respondents shall share the 15 minutes.


The Board shall record all arguments, but any party may also arrange at its own expense to record the argument in some other manner.


A state agency which has filed a brief pursuant to ORS 197.830 (Review procedures)(8) may move to argue orally before the Board. The motion shall be filed with the brief.


Demonstrative exhibits presented at oral argument shall be limited to copies of materials already in the record, including reductions or enlargements, or materials created during the party’s presentation at oral argument.


The Board may conduct oral argument by telephone conference call.
Last Updated

Jun. 8, 2021

Rule 661-010-0040’s source at or​.us