OAR 860-001-0080
Protective Orders

(1)

Protective Orders. The Commission’s protective orders govern the access and use of protected information in Commission proceedings. The purpose of a protective order is to allow parties the ability to review protected information while ensuring that it is not disclosed publicly. A general protective order sets forth the processes for a person to become qualified to access protected information, to designate and handle protected information, and to challenge the designation of protected information. For good cause shown, a modified protective order may include specialized restrictions on access to certain highly protected information.

(2)

General Protective Order. A party may file a motion for a general protective order when it expects a filing or discovery will involve information that falls within the scope of ORCP 36(C)(1). The general protective order, as adopted by the Commission, is available on the Commission’s website and by request from the Administrative Hearings Division.
(a) The motion for a general protective order must be made in writing unless otherwise allowed by the Commission or ALJ consistent with OAR 860-001-0420 (Motions, Responses, and Replies)(1).
(b) An ALJ may issue a general protective order immediately upon receipt of the motion to facilitate filing of protected information and discovery. Pending the ALJ’s issuance of a general protective order, the information at issue need not be released.
(c) The general protective order sets forth the processes for parties to dispute a proposed signatory to a protective order or to challenge the designation of specific information as protected.

(3)

Modified Protective Order. A party may file a motion under OAR 860-001-0420 (Motions, Responses, and Replies) for a modified protective order that provides additional protection beyond that provided by the general protective order. A modified protective order may also combine the terms of the general protective order with special provisions for highly protected information, if a party seeks to have one consolidated protective order. A modified protective order provides that certain information is designated as highly protected information. A modified protective order may limit the persons that may access the highly protected information, or designate the time or place or special handling for highly protected information. A modified protective order may also require signatories to make a more specific certification that they have a legitimate and non-competitive need for the designated information and not simply a general interest in the proceeding, and that they intend to be actively involved in the docket by filing written materials and participating in proceedings.
(a) The motion for a modified protective order must be made in writing unless otherwise allowed by the Commission or ALJ consistent with OAR 860-001-0420 (Motions, Responses, and Replies)(1). The motion must include:

(A)

The parties and the exact nature of the information involved;

(B)

The legal basis for the claim that the information is protected under ORCP 36(C)(1) or the Public Records Law;

(C)

The exact nature of the relief requested;

(D)

The specific reasons the requested relief is necessary;

(E)

A detailed description of the intermediate measures, including selected redaction, explored by the parties and why these measures are insufficient;
(F) A certification that the requesting party conferred with the other parties regarding the request for a modified protective order indicating whether the parties support the motion; and
(G) A draft of the requested modified protective order.
(b) If the motion is being filed prior to parties being identified, the Filing Center will serve the motion to the generic industry list.

(c)

The ALJ will provide expedited review of any motion for modified protective order and may issue a modified protective order within 3 business days to facilitate filing of protected information and discovery. Pending the ALJ’s issuance of a modified protective order, the information at issue need not be released.

(d)

As a substantive motion, any response to a motion for a modified protective order regarding the terms of the modified protective order must be filed within 15 days of filing of the motion, and the moving party may file a reply within 7 days, consistent with OAR 860-001-0420 (Motions, Responses, and Replies)(4) and (5). A modified protective order will set forth separate processes for parties to dispute a proposed signatory to the protective order, or to challenge the designation of information as protected or highly protected.

(e)

When a response is filed to the motion for modified protective order, the ALJ will conduct a de novo review of the terms of the modified protective order. The ALJ will issue a ruling explaining the ALJ’s determination. If the ALJ’s determination requires changes to the terms of the modified protective order previously issued, the ALJ will issue an amended modified protective order, explaining if signatory pages need to be refiled.
(f) Under OAR 860-001-0110 (Appeal to the Commission from Ruling of Administrative Law Judge), a party may request that the ALJ certify to the Commission the determination resulting from the de novo review. A party must make this certification request within 15 days of the date of service of the applicable ALJ’s decision.
(g) If a modified protective order requires signatories to certify active participation in the proceeding,
(A) A certifying party may decertify itself as eligible to receive information under the modified protective order; or
(B) A certifying party may be decertified as eligible to receive information under the modified protective order after a motion by another party or the ALJ’s own motion for failing to fully participate in the proceeding. A certifying party who is the subject of a motion to decertify may file a response within 15 days of the motion to decertify. .

(4)

A party alleging that the terms of a protective order have been violated may file a complaint under ORS 756.500 (Complaint), or the Commission may, on the Commission’s own initiative, file such complaint. Any person that fails to comply with the terms of a protective order may be subject to sanctions. Depending upon the severity of the violation, the Commission may impose any sanction it deems appropriate, up to and including:

(a)

Issuing a public reprimand;

(b)

Expelling the person or associated party from the proceeding in which the protective order was violated;

(c)

Prohibiting the person or associated party from appearing in future proceedings;

(d)

Imposing penalties under ORS 756.990 (Penalties)(2)(c); or

(e)

Reporting any attorney that violated the protective order to the bar association in all states where the attorney is admitted to practice law.

Source: Rule 860-001-0080 — Protective Orders, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-001-0080.

860‑001‑0000
Applicability and Waiver 860‑001‑0010
Definitions 860‑001‑0020
Hours of Operation, Location, and Contact Information 860‑001‑0030
Notice of Commission Proceedings 860‑001‑0040
Commission Publications 860‑001‑0050
Late Fees and Penalties 860‑001‑0060
Public Records Requests 860‑001‑0070
Confidential Information 860‑001‑0080
Protective Orders 860‑001‑0090
Delegation of Authority to Administrative Law Judge 860‑001‑0100
Impartiality 860‑001‑0110
Appeal to the Commission from Ruling of Administrative Law Judge 860‑001‑0120
Grant Eligibility (Precertification and Case Certification) 860‑001‑0130
Termination of Eligibility 860‑001‑0140
General 860‑001‑0150
Filing Dates 860‑001‑0160
Filing Requirements in Rulemaking Proceedings 860‑001‑0170
Filing Requirements in Contested Case and Declaratory Ruling Proceedings 860‑001‑0180
Service in Contested Case and Declaratory Ruling Proceedings 860‑001‑0200
Public Participation 860‑001‑0210
Permanent Rulemaking Notice 860‑001‑0220
Conduct of Rulemaking Hearing 860‑001‑0230
Rulemaking Record 860‑001‑0240
Rulemaking Action 860‑001‑0250
Petition to Promulgate, Amend, or Repeal Rule 860‑001‑0260
Temporary Rulemaking 860‑001‑0300
Practice Before the Commission 860‑001‑0310
Representation and Ethical Conduct 860‑001‑0320
Appearance of Attorneys 860‑001‑0330
Former Employees 860‑001‑0340
Ex Parte Communications 860‑001‑0350
Settlements 860‑001‑0360
Case Management Conferences 860‑001‑0390
General 860‑001‑0400
Pleadings Requirements 860‑001‑0410
Default upon Failure to Answer Complaint 860‑001‑0420
Motions, Responses, and Replies 860‑001‑0430
Petition for Declaratory Ruling 860‑001‑0450
Evidence 860‑001‑0460
Official Notice 860‑001‑0470
Resolutions 860‑001‑0480
Testimony and Exhibits 860‑001‑0490
Records in Other Proceedings 860‑001‑0500
Discovery in Contested Case Proceedings 860‑001‑0510
Subpoenas 860‑001‑0520
Depositions 860‑001‑0530
Admissions 860‑001‑0540
Data Requests 860‑001‑0550
Joint Hearings with other Entities 860‑001‑0560
Public Meetings 860‑001‑0570
Notice of Contested Case Hearing 860‑001‑0580
Postponements and Continuances of Hearings 860‑001‑0590
Conferences 860‑001‑0600
Consolidation of Proceedings 860‑001‑0610
Failure to Appear 860‑001‑0650
Legal Argument 860‑001‑0660
Major Proceedings 860‑001‑0700
Extension or Postponement of Date to Comply with Rules and Orders 860‑001‑0710
Notice of Acceptance of Terms of Orders 860‑001‑0720
Rehearing or Reconsideration
Last Updated

Jun. 8, 2021

Rule 860-001-0080’s source at or​.us