Or. Admin. Code § 115-060-0040

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

Section 115-060-0040 - Hearing on Petitions; Notice; Conduct and Evidence

When a valid petition has been filed and the parties, including timely objectors or intervenors, after a reasonable time, are unable to settle the issues raised by the petition in a manner approved by a Board agent, the matter shall be set for hearing. Ten days' written notice of hearing shall be given to all parties. The notice shall include, but need not be limited to:

(1) Notice:

(a) A statement of the time, place and nature of the hearing;

(b) A description of any proposed bargaining unit(s) which may be involved;

(c) The name of the private employer, individual, labor organization, objectors and intervenors, if any; and

(d) A statement of the legal authority and jurisdiction under which the hearing is being held.

(2) Notice not Part of Record. The contents of the notice shall not be a part of the hearing record, and any party wishing to rely upon these as exhibits shall make an appropriate submission at the hearing.

(3) Conduct and Evidence. Hearings under this section are considered investigatory. There is no burden of proof. Their purpose is to develop a full factual record to be considered by the Board. The rules of evidence for hearings conducted under this section shall be:

(a) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible;

(b) Irrelevant, immaterial or unduly repetitious evidence shall be excluded;

(c) All offered evidence, not objected to, may be received by the Board agent subject to the Board agent's discretion to exclude irrelevant, immaterial or unduly repetitious matter;

(d) Evidence objected to may be received by the Board agent who will rule on its admissibility or exclusion when he/she issues a Recommended Order;

(e) The Board agent shall determine the order of going forward with the evidence; and

(f) See procedures set out in OAR 115-010-0035 through 115-010-0105.

Or. Admin. Code § 115-060-0040

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

Stat. Auth.: ORS 243

Stats. Implemented: ORS 663.025