OAR 839-050-0380
Exceptions to Proposed Order
(1)
Any participant may file exceptions to the Proposed Order. Exceptions must be specific and must be in writing. No oral argument is allowed on exceptions unless requested by the Administrative Law Judge. Any new facts presented or issues raised in exceptions will not be considered by the commissioner in the Final Order.(2)
Exceptions filed by the Agency may include factual summaries, statements of policy, corrections, and prior Agency decisions, but may not include legal argument as defined in OAR 839-050-0110 (Representation of a Party in a Contested Case Proceeding)(4) unless the Agency is represented by counsel.(3)
Exceptions filed by a party’s authorized representative may include factual summaries, statements of policy, corrections, and prior Agency decisions, but may not include legal argument as defined in OAR 839-050-0110 (Representation of a Party in a Contested Case Proceeding)(4). A party that is a government agency, corporation, or unincorporated association, including a limited liability company, may include legal argument in its exceptions only if those exceptions are filed by counsel.(4)
Participants must file any exceptions within ten days of the date of issuance of the Proposed Order. Exceptions must be filed with the Contested Case Coordinator at the address indicated in the Proposed Order. Participants may request an extension of time to file exceptions as provided in OAR 839-050-0050 (Timeliness).
Source:
Rule 839-050-0380 — Exceptions to Proposed Order, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-050-0380
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