OAR 845-003-0670
Retained Authority of Commissioners
(1)
The Commissioners retain all authority not specifically delegated.(2)
The Commissioners delegate to the Administrator the authority to grant or deny late hearing requests (frequently called Requests for Relief From Default) as provided in OAR 137-003-0528 (Late Hearing Requests).(3)
The Commissioners delegate to the Administrator the authority to grant or deny requests to participate as a party, limited party or interested agency in a contested case under OAR 137-003-0535 (Participation as Party or Limited Party) or 137-003-0540 (Agency Participation as Interested Agency or Party) and to make all decisions incidental to the request, including, but not limited to, specifying the areas of participation and procedural limitations of participation, granting or denying late petitions, shortening the time within which responses to the petition shall be filed and/or postponing the hearing until disposition is made of the petition.(4)
The Commissioners delegate to the Administrator the authority to grant or deny a petition for an order to take a deposition of a party pursuant to OAR 137-003-0572 (Depositions in Contested Cases). This authority includes, but is not limited to, the ability to designate the terms of the deposition such as the location, manner of recording, time of day and persons permitted to be present during the deposition.(5)
The Commissioners delegate to the Administrator the authority to grant or deny discovery motions pursuant to OAR 137-003-0568 (Discovery in Contested Case Hearing — Procedure) submitted prior to referral of the contested case to the Office of Administrative Hearings and, if applicable, after the assigned administrative law judge issues a proposed order.(6)
The Commissioners delegate to the Administrator the authority to respond to questions transmitted to the agency as set forth in OAR 137-003-0635 (Transmittal of Questions to the Agency). The scope of the issues that may be transmitted to the agency includes the agency’s interpretation of its rules and applicable statutes and which rules or statutes apply to a proceeding.(7)
The Commissioners delegate to the Administrator the authority to adopt a Final Order based upon an informal disposition by settlement.(8)
The Commissioners delegate to the Administrator the authority to adopt a Final Order by Default when the default is the result of a party’s failure to request a hearing or withdrawal of a hearing request; or when a party, after requesting a hearing, fails to appear at the hearing and the agency file does not constitute the sole record.(9)
The Commissioners delegate to the administrative law judge the authority to prepare and issue a Final Order by Default when the default is the result of a party’s failure to appear at the time scheduled for hearing and the agency file constitutes the sole record.(10)
The Commissioners delegate to the Administrator the authority to adopt a Final Order based upon a proposed order where exceptions are not filed timely and the order is not otherwise subject to review by the Commissioners.(11)
The Commissioners delegate to the Administrator the authority to grant or deny requests for extension of time within which to file exceptions or comments to a proposed order, in conformity with the requirements of OAR 845-003-0590 (Exceptions)(3).(12)
The Commissioners delegate to the Administrator the authority to grant or deny a motion to postpone oral argument to the Commissioners on any comments or exceptions to a proposed order.(13)
The Commissioners delegate to the Administrator the authority to grant or deny requests for reconsideration or rehearing and any stay request based on these requests for reconsideration or rehearing when exceptions or a request to reopen the record has been made by the same participant in the same case.(14)
The Commissioners delegate to the Administrator the authority to grant or deny a request to stay the enforcement of a Final Order pending judicial review and in cases where judicial review has not been requested.
Source:
Rule 845-003-0670 — Retained Authority of Commissioners, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-003-0670.