OAR 839-050-0150
Motions

Except as otherwise stated in OAR 839-050-0050 (Timeliness), all pre-hearing and post-hearing motions will be submitted in writing to the Administrative Law Judge through the Contested Case Coordinator. If the nonmoving participant chooses to respond, the nonmoving participant must file a written response to a written motion with the Contested Case Coordinator within seven days after service of the motion, unless the Administrative Law Judge orders otherwise. Motions include but are not limited to the following:

(1)

Motion to dismiss: This motion must be based upon:

(a)

Lack of jurisdiction over the subject matter or person;

(b)

Insufficiency of process or service of process; or

(c)

Failure to state a claim upon which relief can be granted; or

(d)

The commissioner’s discretion to dismiss a complaint pursuant to ORS 659A.830 (Authority of commissioner)(2)(a); or

(e)

The requirement pursuant to ORS 659A.830 (Authority of commissioner)(2)(a) that the commissioner dismiss a complaint filed under ORS 659A.820 (Complaints) upon the written request of the person who filed the complaint.

(f)

Subsection (e) of this section does not apply to a complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law.

(2)

Motion to change the place of hearing.

(3)

Motion to exclude witnesses:

(a)

The motion may be made by any participant at any time prior to or during the hearing.

(b)

The Administrative Law Judge may, without a motion being made by a participant, exclude witnesses from the hearing except for a party, counsel, the Administrative Prosecutor, one agency officer or employee, an authorized representative, claimant, complainant and any person authorized by statute to attend. Notwithstanding this rule, an Administrative Law Judge may expel any person from the hearing if that person engages in conduct that disrupts the hearing.

(4)

Motion for summary judgment:

(a)

A motion for summary judgment may be made by a participant or by decision of the Administrative Law Judge for an accelerated decision in favor of any participant as to all or part of the issues raised in the pleadings. The motion may be based on any of the following conditions:

(A)

Issue or claim preclusion;

(B)

No genuine issue as to any material fact exists and the participant is entitled to a judgment as a matter of law, as to all or any part of the proceedings; or

(C)

Such other reasons as are just.

(b)

When the Administrative Law Judge grants the motion, the decision will be set forth in the Proposed Order.

(c)

A motion for summary judgment shall be denied if, at the time of its filing, the contested case hearing is scheduled to commence in fewer than 21 days.

(5)

Motion for a postponement:

(a)

Any participant making a request for a postponement of any part of the contested case proceeding must state in detail the reason for the request. The Administrative Law Judge may grant the request for good cause shown. In making this determination, the Administrative Law Judge will consider:

(A)

Whether previous postponements have been granted;

(B)

The timeliness of the request;

(C)

Whether a participant has previously indicated it was prepared to proceed;

(D)

Whether there is a reasonable alternative to postponement; for example, submitting a sworn statement of a witness; and

(E)

The date the hearing was originally scheduled to commence.

(b)

The Administrative Law Judge will issue a written ruling either granting or denying the motion and will set forth the reasons therefore;

(c)

If all participants agree to a postponement, in order for the postponement to be effective, the Administrative Law Judge will approve of this agreement. Whether the Administrative Law Judge grants or denies such a motion for postponement, the Administrative Law Judge will issue a written ruling setting forth the reasons therefore.

(6)

Motion for consolidation of hearings: This motion must allege facts sufficient to meet the criteria of OAR 839-050-0190 (Consolidation of Contested Case Proceedings).

(7)

Motion for hearing by telephone: Any participant may file a motion to conduct the hearing by telephone. The motion must contain:

(a)

A statement setting forth the reason(s) for the request;

(b)

A statement explaining why no participant will be substantially prejudiced by having a hearing in this manner;

(c)

A statement of the location of the majority of witnesses expected to be called;

(d)

A statement estimating the number and/or volume of documents to be introduced into the record;

(e)

A statement indicating whether the participant intends to call any expert witness; and

(f)

A statement indicating whether an interpreter or an assistive communication device under OAR 839-050-0300 (Interpreters and Assistive Communication Devices) will be required for any witness.

(8)

Motion for a protective order.

(9)

Motion for default when a respondent has failed to timely file an answer within the time specified in the charging document.

(10)

Motion to amend.

(11)

Motion to make more definite and certain.

(12)

Motion for prevailing party costs and reasonable attorney fees for an aggrieved person who intervenes in a proceeding alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law.

Source: Rule 839-050-0150 — Motions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0150.

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 839-050-0150’s source at or​.us