OAR 860-001-0340
Ex Parte Communications

(1)

Ex parte communications are discouraged and, if made, must be disclosed to ensure an open and impartial decision-making process.

(2)

Except as provided in this rule, an ex parte communication is any oral or written communication that:

(a)

Is made by a person directly to a Commissioner or presiding ALJ outside the presence of any or all parties of record in pending contested case or declaratory ruling proceedings;

(b)

Is made without notice to or an opportunity for rebuttal by all parties; and

(c)

Relates to the merits of an issue in the proceedings.

(3)

For purposes of this rule, a contested case or declaratory ruling proceeding is pending when the Commission or ALJ issues the first scheduling notice.

(4)

A person who has an ex parte communication must promptly notify the presiding ALJ that the communication occurred.

(5)

Upon notice of or receipt of an ex parte communication, the presiding ALJ must promptly notify the parties of record of the communication and place the following in the record:

(a)

The name of each person who made the communication and the person’s relationship, if any, to a party in the case;

(b)

The date and time of the communication;

(c)

The circumstances under which the communication was made;

(d)

A summary of the matters discussed;

(e)

A copy of any written communication; and

(f)

Other relevant information concerning the communication.

(6)

The presiding ALJ may require the person responsible for the ex parte communication to provide the disclosure and notice of the communication required by this rule.

(7)

Within 10 days of the filing date of the notice, a party may file a written rebuttal of the facts or contentions contained in the ex parte communication.

(8)

The provisions of this rule do not apply to communications that:

(a)

Address procedural issues, such as scheduling or status inquiries, or requests for information having no bearing on the merits of the case;

(b)

Are made to a Commissioner or presiding ALJ by a member of Staff who is not a witness in the proceedings;

(c)

Are made to a Commissioner or presiding ALJ by an Assistant Attorney General who is not representing Staff in the proceedings;

(d)

Are made in rulemaking proceedings conducted under ORS 183.325 (Delegation of rulemaking authority to named officer or employee) through 183.410 (Agency determination of applicability of rule or statute to petitioner); or

(e)

The presiding ALJ determines are not subject to this rule, including communications from members of the public that are made part of the administrative file or communications that are the subject of in camera proceedings.

(9)

To avoid inadvertent ex parte communications, a person planning to meet individually with a Commissioner or ALJ must indicate whether the discussion will relate to pending proceedings and, if so, which proceedings.

Source: Rule 860-001-0340 — Ex Parte Communications, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-001-0340.

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 860-001-0340’s source at or​.us