Or. Admin. Code § 586-030-0060

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

Section 586-030-0060 - Hearing Procedures

(1) The panel assigned to hear the matter shall appoint one member as chair to conduct the hearing, swear in the witnesses and rule on objections and offers. All witnesses shall be heard only upon oath or affirmation to tell the truth.

(2) The hearing will proceed as follows:

(a) The district may make an opening statement; appellant may then make one or reserve opening statement until the beginning of appellants' case.

(b) The district may present evidence in support of the content of the District's written notice of dismissal or contract non-extension;

(c) The appellant may present evidence relevant to or rebutting the matters contained in the written notice along with any other defenses;

(d) The district may then present evidence in rebuttal to evidence given by appellant;

(e) The appellant may then present evidence in sur-rebuttal to any rebuttal evidence; and

(f) The District may make oral closing argument, followed by the appellant. District, as the moving party, may reserve some time for final closing. The Panel shall advise the parties of any time limitation on closing argument in advance.

(3) Any party may examine their own witnesses and may cross-examine any other party's witnesses. The panel, with the assistance of legal counsel, may question any witness.

(4) The hearing will be recorded, by a designated hearing reporter/recorder or taped by an individual designated by the panel. A copy of the transcript of the proceeding or a duplicate of any tape recording may be obtained at cost.

(5) Parties, witnesses and counsel shall conduct themselves in a respectful manner at all times and are subject to sanction -- up to summary dismissal of their claims -- for violation of this rule.

(6) The general procedure and conduct of the hearing will be similar to a court proceeding, although not as formal.

(7) The chair may recess or adjourn the hearing at appropriate times for reasons found to be sufficient. The chair has the discretion to establish when the hearing will reconvene consistent with the statutory time frame to complete the case. The parties have the option of waiving objection to completion of the case within the statutory timeframe when the decision on reconvening is being made.

(8) After the hearing is closed, the panel shall deliberate and then, with assistance of counsel, prepare a written report in the form of a final order.

Or. Admin. Code § 586-030-0060

FDA 6, ef. 3-11-75 (Temp), 4-11-75 (Perm); FDA 1-1981, f. & ef. 3-20-81; FDA 1-1985, f. 3-25-85, ef. 3-27-85; 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: OL 2001