Or. Admin. Code § 255-087-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 255-087-0080 - Hearing Procedures for Relief and Reclassification

Hearing Procedures

(1) At the Board's discretion, the Board may conduct any hearing in person, by teleconference call, by videoconference, or by any other electronic medium that ensures the registrant, the panel, and other participants the opportunity to hear and be heard. The registrant shall be present in person, by telephone or videoconference, or by any other electronic medium. The registrant must indicate how they will appear and if the registrant has witnesses, how the witnesses will appear. If a registrant refuses or fails to appear at a hearing, the refusal will be considered to be the registrant's waiver of appearance and the petition will be denied.

(2) Hearings may be conducted by a panel of one or more Hearings Officers and Board Members at the Board's discretion. The panel may make the final decision. If the panel is more than two members, the final decision shall be made by a majority of all panel members. In the case of a tie, an additional Board Member may vote administratively after reviewing the material from the hearing.

(3) The Board will allow at the hearing, evidence of a type that reasonably prudent persons would commonly rely upon in the conduct of serious affairs. The Board may exclude evidence if it is irrelevant or immaterial to the decision to be made at the hearing or is unduly repetitious. At its discretion, the Board may consider relevant material and additional written information and recommendations from those with a special interest in the case. The Board must receive any information submitted pursuant to this section at least 14 days prior to the hearing. The Board may waive the 14 day requirement.

(4) Conduct of Hearing - The hearing shall be conducted by and under control of the Chair or designated representative. The Board may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter. The Board may eject any disruptive person from a hearing. The Board may require all persons to leave the designated hearing area during deliberations.

(5) If during the hearing the Chair or designated representative determines that more time or information is needed, the Board may decide whether to continue the hearing at another time.

(6) Explicit instructions for the hearing, including answers to frequently asked questions, can be found on the Board website at http://www.oregon.gov/BOPPPS/.

Or. Admin. Code § 255-087-0080

PAR 7-2018, adopt filed 11/19/2018, effective 12/1/2018

Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005

Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125