OAR 839-050-0140
Amendments

(1)

The Agency may amend its charging document:

(a)

At any time before the hearing commences; or

(b)

During the hearing, but before the evidentiary record closes, as allowed in (4) and (5) of this rule.

(2)

If the Agency files an amended charging document with the Contested Case Coordinator before the hearing commences, any party may file an answer to it as it would in responding to an original charging document under OAR 839-050-0130 (Responsive Pleadings)(2)–(3), except:

(a)

The answer to an amended charging document must be filed with the Contested Case Coordinator no later than seven days after the amended charging document is served on the party, subject to the Administrative Law Judge’s discretion to alter the deadline; and

(b)

The answer to an amended charging document may differ from the answer to the previous charging document only as needed to respond to new or amended information, unless good cause is shown. If a party does not file an answer to an amended charging document with the Contested Case Coordinator, the party’s answer to the previous charging document will be deemed its answer to the amended charging document.

(3)

For good cause shown to the Administrative Law Judge, a party may amend its answer at any time before the hearing commences. Any new facts or defenses alleged in the amended answer will be deemed denied by the Agency.

(4)

Once the hearing commences, issues not raised in the charging document or answer may be raised and evidence presented on such issues, provided there is express or implied consent of the participants, except that affirmative defenses not raised in the answer may only be raised in response to an agency motion to amend that is made and allowed under this section or section (5) of this rule. Consent will be implied when there is no objection to the introduction of such issues and evidence or when the participants address the issues. Any participant raising new issues must move the Administrative Law Judge, before the close of the evidentiary portion of the hearing, to amend its charging document or answer to conform to the evidence and to reflect issues presented. The Administrative Law Judge may address and rule upon such issues in the Proposed Order.

(5)

If evidence offered at hearing is objected to on the grounds that it is not within the issues raised by the charging document or answer, the administrative law judge may allow the pleadings to be amended to conform to the evidence presented. The administrative law judge will allow the amendment when the participant seeking the amendment shows good cause for not having included the new matter in its charging document or answer prior to hearing and the objecting participant fails to satisfy the administrative law judge that it would be substantially prejudiced by the admission of such evidence. The administrative law judge may grant a continuance to enable the objecting participant to meet such evidence. A party may amend its answer to raise an affirmative defense and introduce evidence in support of that defense only when the amendment responds to new matter raised in a charging document amended under this section or section (4) of this rule.

Source: Rule 839-050-0140 — Amendments, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0140.

839‑050‑0000
Statement of Purpose 839‑050‑0010
Model Rules of Procedure 839‑050‑0020
Definitions 839‑050‑0030
Service of Documents 839‑050‑0040
Filing of Documents with the Contested Case Coordinator 839‑050‑0050
Timeliness 839‑050‑0060
Charging Documents 839‑050‑0070
Request for a Contested Case Hearing 839‑050‑0080
Notice of Hearing 839‑050‑0090
Location of Contested Case Hearings 839‑050‑0100
Information for Contested Case Hearings 839‑050‑0110
Representation of a Party in a Contested Case Proceeding 839‑050‑0120
Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding 839‑050‑0130
Responsive Pleadings 839‑050‑0140
Amendments 839‑050‑0150
Motions 839‑050‑0160
Disqualification of Administrative Law Judge 839‑050‑0170
Joinder of Parties, Claimants, Complainants, or Aggrieved Persons 839‑050‑0190
Consolidation of Contested Case Proceedings 839‑050‑0200
Discovery 839‑050‑0210
Case Summary 839‑050‑0220
Informal Disposition of Contested Case 839‑050‑0230
Authority of the Administrative Prosecutor 839‑050‑0240
Responsibilities of the Administrative Law Judge 839‑050‑0250
Conduct of Hearings 839‑050‑0255
Telephone Hearings 839‑050‑0260
Evidence 839‑050‑0270
Exhibits 839‑050‑0280
Stipulation 839‑050‑0290
Witnesses 839‑050‑0300
Interpreters and Assistive Communication Devices 839‑050‑0310
Ex Parte Communications 839‑050‑0320
Official Notice 839‑050‑0330
Default 839‑050‑0340
Relief from Default 839‑050‑0350
Record of Proceeding 839‑050‑0360
Post-Hearing Briefs 839‑050‑0370
Proposed Orders 839‑050‑0380
Exceptions to Proposed Order 839‑050‑0400
Agency Policy 839‑050‑0410
Reopening the Contested Case Record 839‑050‑0420
Final Order 839‑050‑0430
Final Order by Default 839‑050‑0445
Proceedings on Prevailing Wage Rate Determinations 839‑050‑0450
Proceedings on Apprenticeship and Training Division Hearings
Last Updated

Jun. 8, 2021

Rule 839-050-0140’s source at or​.us