OAR 839-050-0250
Conduct of Hearings

The hearing will be conducted by and under the control of the Administrative Law Judge.

(1)

The Administrative Law Judge will open the hearing with a brief introduction of the Agency, the parties and issues, including all information required by ORS 183.413 (Notice to parties before hearing of rights and procedure)(2) and 183.415 (Notice of right to hearing)(7).

(2)

Each participant may be given an opportunity to make an opening statement describing the evidence and issues to be presented at the hearing.

(3)

The Administrative Prosecutor will present evidence in support of the charging document.

(4)

Any person, government agency, or entity granted party status may present additional evidence in support of the charging document.

(5)

Each party opposing the charging document must present evidence in support of the party’s position.

(6)

Participants will have the right to conduct cross-examination of adverse witnesses.

(7)

Participants may present rebuttal evidence.

(8)

Participants may be given the opportunity to make a closing statement at the conclusion of the testimony.

(9)

The Administrative Law Judge has the right to question any witness. The Administrative Law Judge may request any participant to provide additional evidence, and may recess the hearing when necessary to allow the participant the opportunity to gather and present the requested evidence.

(10)

In any proceeding the Administrative Law Judge may call the participants together for a pre-hearing conference in order to ascertain what is disputed, hear argument on motions, order discovery, or resolve procedural matters. At any time during the hearing, the Administrative Law Judge may recess the hearing in order to conduct such a conference. The results of any conference will be summarized on the record, except that argument on motions will be recorded verbatim.

(11)

When the testimony of a witness not present at the hearing is necessary to the complete and fair adjudication of the case, the Administrative Law Judge may admit testimony of the witness by telephone or other two-way communication device. In such cases:

(a)

The testimony of the witness will be broadcast simultaneously to all participants and to the Administrative Law Judge;

(b)

All rules governing the questioning of witnesses present at the hearing apply to witnesses whose testimony is taken by telephone; and

(c)

The participant presenting the witness by telephone will provide the witness’s telephone number and the approximate time that the witness will be available.

(12)

The Agency has the right to submit a statement of policy concerning any issue that may arise in the course of the hearing.

Source: Rule 839-050-0250 — Conduct of Hearings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0250.

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 839-050-0250’s source at or​.us