Or. Admin. Code § 808-009-0440

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

Section 808-009-0440 - Meeting of Board to Consider Appeals

(1) Claimant and respondent may appear before the members of the Board to argue for or against the proposed order.

(2) The Board may limit the time allowed for oral argument by a party before the Board to ten minutes.

(3) At the Board meeting, the Board will consider documentary evidence received at the hearing and exceptions and written or oral argument for or against the proposed order, but the Board will not consider new or additional evidence.

(4) After hearing oral argument, the Board may conduct its deliberations privately, under authority of ORS 192.690(1). If the Board conducts its deliberations privately, it will return to public meeting for any motions and voting.

(5) The Board may affirm the findings and proposed order, modify either or both, or send the case back to a new hearing to receive additional evidence. Unless the case is sent back to a new hearing, the agency shall issue a final order after the Board meeting.

(6) Final orders are subject to judicial review as provided under ORS chapter 183.

Or. Admin. Code § 808-009-0440

LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 1-2000, f. & cert. ef. 2-1-00; Renumbered from 808-004-0050; LCB 4-2002, f. & cert. ef. 12-4-02

Stat. Auth.: ORS 183, ORS 670.310 & ORS 671.670

Stats. Implemented: ORS 183.413 - ORS 183.470