OAR 839-050-0220
Informal Disposition of Contested Case
(1)
After the Agency issues a charging document, a case may be resolved informally by stipulation, agreed settlement, consent order, settlement agreement, or default.(2)
When a charging document involves a license revocation proceeding, informal settlement may be made by written agreement of the parties and the Agency consenting to a suspension, civil penalty, or other intermediate sanction.(3)
Any informal disposition of a contested case, other than by default, must be in writing and signed by the party or parties to the case and the Agency.(4)
A party interested in resolving a case before the contested case hearing should contact the assigned Administrative Prosecutor. Settlement negotiations are not a basis for postponing the hearing and participants should continue to prepare for hearing until they reach an agreement to settle. An agreement to settle is reached when the participants have agreed to resolve all issues of the contested case and have agreed, orally or in writing, to all terms and conditions of the agreement.(5)
When an agreement to settle is reached before the hearing date, the participants will submit a joint written notice to the Forum that includes a detailed synopsis of the substantive terms and conditions of the agreement. The Administrative Law Judge will waive the case summary requirement and cancel the hearing only upon receipt of the written notice of agreement to settle and detailed synopsis of the substantive terms and conditions of the agreement signed by the Administrative Prosecutor and respondent or respondent’s authorized representative or counsel, if represented. The participants will file fully executed settlement documents with the Contested Case Coordinator, with a copy to the Administrative Law Judge, within 10 days after submitting written notice of the agreement to settle. If fully executed settlement documents are not filed within that period and no extension of time to submit those documents has been granted, the Administrative Law Judge will set a new hearing date that is at least 14 days after the original hearing date unless the Administrative Law Judge and participants agree to an earlier date. No further cancellations or postponements will be allowed based on a purported settlement and the case summary requirement will not be waived for the rescheduled hearing.(6)
Fully executed settlement documents submitted to the Forum will not contain terms the Agency lacks the authority to enforce or to which the Agency is not a party, such as an agreement by an aggrieved person, claimant, or complainant not to pursue legal action against a respondent other than the claim or complaint being settled.(7)
Fully executed settlement documents submitted to the Forum will not contain provisions requiring the settlement terms to be confidential or requiring an aggrieved person, claimant, complainant, or the Agency to keep the settlement terms confidential.(8)
Participants waive their right to a contested case hearing by their signatures on fully executed settlement documents.(9)
When a contested case is resolved by informal disposition other than default (see OAR 839-050-0330 (Default)), the Administrative Law Judge will incorporate the settlement terms into a Final Order Incorporating Informal Disposition (“FOID”). When an Order of Determination or Notice of Intent has been issued, but a Notice of Hearing has not been issued, the fully executed settlement document may be incorporated into a FOID by an Administrative Law Judge.(a)
The Forum will deliver or mail a copy of a FOID issued by an Administrative Law Judge to each participant and participant’s attorney of record.(b)
A FOID is not subject to ORS 183.470 (Orders in contested cases).(c)
A FOID is not subject to judicial review.(d)
Within 60 days after a FOID is issued, a participant may petition the Bureau of Labor and Industries to set aside the order on the ground that the informal disposition was obtained by fraud or duress.
Source:
Rule 839-050-0220 — Informal Disposition of Contested Case, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-050-0220.