OAR 860-001-0500
Discovery in Contested Case Proceedings

(1)

Discovery must be commensurate with the needs of the case, the resources available to the parties, and the importance of the issues to which the discovery relates.

(2)

Discovery that is unreasonably cumulative, duplicative, burdensome, or overly broad is not allowed. Instructions and definitions included in discovery requests must be consistent with these rules and ORS Chapters 756, 757, and 759.

(3)

Privileged material is not discoverable except as provided under the Oregon Rules of Evidence.

(4)

A party will not be required to develop information or prepare a study for another party, unless the capability to prepare the study is possessed uniquely by the party from whom discovery is sought, the discovery request is not unduly burdensome, and the information sought has a high degree of relevance to the issues in the proceedings.

(5)

Parties must make every effort to engage in cooperative informal discovery and to resolve disputes themselves. If a party receives a data request that is likely to lead to a discovery dispute, then that party must inform the requesting party of the dispute as soon as practicable and attempt to resolve it informally.

(6)

If parties are unable to resolve a dispute informally, then any of the parties involved in the dispute may request that the ALJ conduct a conference to facilitate the resolution of discovery disputes. A requesting party must identify the specific discovery sought and describe the efforts of the parties to resolve the dispute informally.

(7)

A party may file a motion to compel discovery. The motion must contain a certification that the parties have conferred and been unable to resolve the dispute. A party filing a motion to compel will be allowed the opportunity to file a reply to the response to the motion.

(8)

A party’s assertion that information responsive to a discovery request is confidential may not be used to delay the discovery process; provided, however, a party pursing protection will not be required to produce information that it claims is inadequately protected until such time as its claim for the need for a general protective order or a modified protective order is resolved. If an answering party believes that a response to a discovery request involves confidential information that is inadequately protected by the safeguards existing in the docket, the answering party must notify the requesting party of this belief as soon as practicable and, if appropriate, promptly move for an appropriate protective order.

(9)

A party may by motion, or the ALJ may on the ALJ’s own motion, propose that sanctions be imposed if a party fails or refuses to comply with an oral or written ruling resolving a discovery dispute. The ALJ may impose sanctions including: default; dismissal; or striking of testimony, evidence, or cross-examination.

Source: Rule 860-001-0500 — Discovery in Contested Case Proceedings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-001-0500.

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 860-001-0500’s source at or​.us