Or. Admin. Code § 115-070-0055

Current through Register Vol. 63, No. 12, December 1, 2024

Section 115-070-0055 - Post-Hearing Procedures

(1) Recommended Order. The Board agent shall prepare and serve on the parties a Recommended Order consisting of Rulings on Motions and Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended Order.

(2) Objections to Recommended Order. The parties shall have 14 days from date of service of the Recommended Order to file specific written objections with the Board. (See also OAR 115-010-0090.)

(3) Board Review:

(a) Oral or Written Argument. If objections are filed to the Recommended Order, parties will be given an opportunity to present oral argument to the Board. If a party desires to submit written argument in lieu of oral argument, it must be filed with the Board and served on the parties not less than five days before the date set for argument. The party filing the written argument shall provide proof of service to the Board;

(b) Memorandum in Aid of Oral Argument. If parties wish to submit written memorandum in aid of oral argument in addition to argument, it must be filed with the Board not less than five days before the date set for oral argument and copies must be served upon parties of record. Parties shall provide the Board with proof of service;

(c) Review of Record. Review by the Board of a Board agent's Proposed Rulings on Motions and Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended Order shall be confined to the record. The Order of the Board shall be in writing and shall be sent to the parties.

(4) Petitions for Reconsideration or Rehearing. Petitions for reconsideration or rehearing shall be filed not more than ten days from date of service of the Order and shall state specifically the grounds thereof. The Board may, at its option, set such petitions for oral argument.

(5) Service of Documents. All documents shall be served upon named parties unless there is a representative of record, in which case documents may be served on the representative.

Or. Admin. Code § 115-070-0055

ERB 1-1980, f. & ef. 1-9-80

Stat. Auth.: ORS 243

Stats. Implemented: ORS 663.185 & ORS 663.195