Or. Admin. Code § 115-010-0068

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

Section 115-010-0068 - Prehearing Procedures

(1) The Board or Board Agent may convene prehearing conferences with the parties' representatives for the purpose of:

(a) Scheduling hearing dates, witnesses for hearing and further prehearing conferences;

(b) Disposing of pending motions;

(c) Formulating and simplifying issues;

(d) Discussing settlement of any or all of the issues;

(e) Avoiding submission of unnecessary or cumulative exhibits or other evidence;

(f) Stipulating to facts;

(g) Discussing the need for any special hearing procedures; and

(h) Discussing any other matters that may assist in the disposition of the matter.

(2) At the discretion of the Board or Board Agent, the prehearing conference may be held by telephone or in person and may be recorded.

(3) Each party shall provide a witness list to the other parties and the Board Agent. Each party shall also provide an exhibit list and exhibits to any other party. These documents must be received no later than seven days before the scheduled hearing, unless the Board Agent directs otherwise.

(4) A party that fails to comply with prehearing requirements set forth in the rule or ordered by the Board or Board Agent shall be denied the right to offer such evidence or make argument regarding such matter at the hearing unless good cause is shown.

(5) The Board or Board Agent may rule before hearing on one or more of the claims or defenses, or a portion of any claim or defense, asserted in a complaint or answer. The Board or Board Agent may defer issuing a proposed order on any such prehearing ruling until after a hearing is held and a Recommended Order is issued on remaining claims or defenses.

Or. Admin. Code § 115-010-0068

ERB 2-1993, f. & cert. ef. 12-15-93; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14; ERB 1-2016, f. 11-9-16, cert. ef. 2/1/2017

Stat. Auth.: ORS 240.086(3), 243.766(7)

Stats. Implemented: ORS 240 & 243