Or. Admin. Code § 586-030-0044

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

Section 586-030-0044 - Rights of Parties in Fair Dismissal Appeal Hearings

(1) The information required prior to commencement of a contested case hearing by ORS 183.413(2) shall include:

(a) If a party is not represented by an attorney, a general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence;

(b) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties;

(c) The function of the record-making with respect to the perpetration of the testimony and evidence and with respect to any appeal from the determination or order of the panel;

(d) The names of the panel selected for the hearing and final determination in the proceeding and whether an attorney will represent the panel in the course of its review and whether the parties ordinarily and customarily are represented by an attorney;

(e) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party's rights;

(f) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the panel and the hearing reopened; and

(g) A description of the appeal process from the determination or order of the panel.

(2) The information required in section (1) of this rule may be given in writing or orally before the start of the hearing.

Or. Admin. Code § 586-030-0044

FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98; FDAB 1-1998, f. & cert. ef. 6-4-98; FDAB 1-2001(Temp), f. & cert. ef. 7-13-01 thru 1-2-02; FDAB 2-2001, f. & cert. ef. 12-31-01

Stat. Auth.: ORS 183 & ORS 342

Stats. Implemented: ORS 864, OL 2001