Or. Admin. Code § 661-010-0046

Current through Register Vol. 63, No. 11, November 1, 2024

Section 661-010-0046 - Taking Official Notice

(1) Grounds for Taking Official Notice: The Board may take official notice of relevant law as defined in ORS 40.090.

(2) Motions to Take Official Notice:

(a) A motion to take official notice shall contain a statement explaining with particularity what the material sought to be noticed is intended to establish, how it is relevant to an issue on appeal, and the authority for notice under ORS 40.090. The motion to take official notice evidence shall be filed in writing and as a separate document and shall not be contained within a brief or other filing.

(b) A motion to take official notice is unnecessary where the items in ORS 40.090(7) are relied upon in the decision, are within or cited to in the record, or are included with a petition for review according to OAR 661-010-0030(4)(f).

(3) Any party may file a response within 14 days of the date of service of the motion to take official notice.

Or. Admin. Code § 661-010-0046

LUBA 3-2022, adopt filed 07/20/2022, effective 8/1/2022; LUBA 1-2023, minor correction filed 03/27/2023, effective 3/27/2023; LUBA 2-2024, amend filed 10/25/2024, effective 11/1/2024

Statutory/Other Authority: ORS 197.820(4)

Statutes/Other Implemented: ORS 40.090