Or. Admin. Code § 115-070-0045

Current through Register Vol. 63, No. 10, October 1, 2024

Section 115-070-0045 - Conduct of Hearings

(1) General Procedure:

(a) The Board Agent will open the hearing with a brief introduction of parties and issues;

(b) Parties may make opening statements;

(c) Parties may present evidence in support of their respective positions. Cross-examination of witnesses will be allowed opposing party(ies);

(d) Parties may make closing arguments.

(2) Conference During Hearings. In any proceedings, the Board Agent may, in his/her discretion, call the parties together for a conference prior to the taking of testimony or may recess the hearing for such conference to resolve evidentiary or procedural matters. The results of such conference shall be summarized on the record.

(3) Stipulation as to Facts. The parties to any proceeding or investigation may, by stipulation, and subject to approval by the Board or its agent, agree upon the facts or any portion thereof involved in the controversy. Such stipulation shall be binding upon the parties thereto and may be used as evidence in the case.

(4) Continuances. If it appears, on the motion of a party, that further testimony or argument should be received, the Board Agent may, in his/her discretion, continue the hearing. The date of such continued hearing may be fixed at the time of hearing or by later written notice to the parties.

(5) Appearances. Parties shall enter appearances at the beginning of the hearing and give their names and addresses in writing to the Board Agent conducting the hearing who will include the same in the record. The Board Agent may, in addition, require appearances to be stated orally so that the identity and interests of all parties present will be known to those at the hearing.

(6) Burden of Proof. The charging party shall have the burden of proof and shall also have the burden of going forward with the evidence. Respondent shall have the burden of proving affirmative defenses. Opportunity shall be afforded to all parties of record participating to examine each witness and to state objections to evidence offered.

(7) Rules of Evidence. The rules of evidence applicable to civil actions shall apply.

(8) Conduct at Hearing. All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. Demonstrations of any kind will not be permitted. Failure to comply with the Board Agent's effort to maintain order are grounds for removal from the hearing.

(9) Rights of Party not Answering or Failing to Specifically Deny an Allegation. A party that fails to answer a complaint or fails to deny an allegation will not be allowed to present or rebut evidence as to the facts alleged. However, the party may present legal argument.

(10) Post-Hearing Briefs. When post-hearing briefs are permitted by a Board Agent, they must be filed within 14 days from the conclusion of the hearing. Extension of time for filing will be permitted only upon good cause shown.

Or. Admin. Code § 115-070-0045

ERB 1-1980, f. & ef. 1-9-80; ERB 13-1985, f. 10-29-85, ef. 10-31-85

Stat. Auth.: ORS 240 & ORS 243

Stats. Implemented: ORS 663.185 & ORS 663.190