Or. Admin. R. 839-050-0030

Current through Register Vol. 63, No. 8, August 1, 2024

Section 839-050-0030 - Service of Documents

(1) Except as otherwise provided in ORS 652.332(1) the charging document will be served on the party or the party's representative by personal service or by United States Postal Service registered or certified mail. Service of a charging document is complete upon the earlier of:

(a) Receipt by the party or the party's representative; or

(b) Mailing when sent by United States Postal Service registered or certified mail to the correct address of the party or the party's representative.

(2) All other documents may be served on the party or the party's representative by personal service or by United States Postal Service mail to the last known address in the Agency's file for the subject case. Service of a document other than the charging document is complete upon personal service or official United States Postal Service postmark date, whichever occurs earlier.

(3) Any participant to a contested case proceeding filing a document with the Forum will serve a copy of such document upon all other participants or their representatives.

(4) A participant whose mailing address changes must notify the Contested Case Coordinator in writing within 10 days of such change with a copy to all other participants; otherwise, the Contested Case Coordinator, the Forum, and the Agency will presume the address on file to be correct.

(5) For the purpose of this rule, the term "participant" or "party" does not include an aggrieved person intervening in a proceeding involving a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, or an aggrieved person named in a commissioner's complaint.

Or. Admin. R. 839-050-0030

BL 8-1986, f. & ef. 9-2-86; BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93; BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0030; BLI 2-2000, f. & cert. ef. 1-27-00; BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04; BLI 38-2008, f. & cert. ef. 11-7-08; BLI 5-2014, f. & cert. ef. 4-15-14; BLI 8-2019, amend filed 07/01/2019, effective7/1/2019

Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4)

Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845, 659A.850 & 659A.885