OAR 839-050-0240
Responsibilities of the Administrative Law Judge

(1)

The commissioner delegates Proposed Order Authority to Administrative Law Judges employed by the Agency as hearings officers and those persons who are appointed to preside at particular hearings. The commissioner delegates to such designee the authority to:

(a)

Rule on all motions filed prior to the hearing.

(b)

Issue subpoenas and otherwise oversee the discovery process in a manner consistent with rules relating to these powers.

(c)

Hold appropriate conferences, if necessary, before or during the course of the hearing to discuss the conduct of the proceedings or the issues to be presented.

(d)

Regulate the course of the hearing, including scheduling, reconvening, and adjourning.

(e)

Maintain order during the course of the hearing, including the authority to expel persons whose conduct is disruptive.

(f)

Make rulings on motions or evidence, with or without objection, during the hearing.

(g)

Question witnesses at the hearing and set time limitations for argument or presentation.

(h)

Limit or extend filing periods.

(i)

Decide procedural matters, but not grant motions for summary judgment or other motions by a party that involve final determination of the proceeding, but to issue a Proposed Order as provided for in these rules. Nothing in this section may be construed to prohibit the Administrative Law Judge from making a routine disposition of a hearing proceeding based on a settlement, on the Agency’s withdrawal of the charging document, or on other reasons not requiring a Final Order by the commissioner.

(j)

Prepare a Proposed Order at the conclusion of the contested case hearing and cause it to be served by the Contested Case Coordinator on the Agency, the commissioner, and all parties to the case; and at the request of the commissioner, assist in responding to any exceptions and the preparation of the Final Order.

(k)

Take any other action consistent with the duties of an Administrative Law Judge.

(2)

In a contested case 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, only an employee of the bureau may be a member of a special tribunal or an Administrative Law Judge appointed to hear the matter.

Source: Rule 839-050-0240 — Responsibilities of the Administrative Law Judge, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0240.

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 839-050-0240’s source at or​.us