Or. Admin. R. 438-085-0740

Current through Register Vol. 63, No. 6, June 1, 2024

Section 438-085-0740 - Discovery

(1) Unless otherwise provided by the assigned Administrative Law Judge, within 14 days after the mailing of the notice of case assignment pursuant to OAR 438-085-0306 OR-OSHA shall provide to the other parties or their representatives copies of all documents in its possession pertaining to the contested matter, including relevant rules, unless previously provided.

(2) Unless otherwise provided by the assigned Administrative Law Judge, within 14 days of OR-OSHA's mailing, the other parties or their representatives shall furnish to OR-OSHA copies of documents in their possession pertaining to the matter which they did not receive from OR-OSHA, unless previously provided.

(3) Copies of documents acquired after the initial exchanges shall be provided to the other parties immediately after the disclosing party's receipt of the documents.

(4) Subject to limitations imposed pursuant to OAR 438-085-0805(2), depositions and interrogatories are allowed by agreement of the parties or upon motion of a party and an order of the Administrative Law Judge.

(5) A reporter's fee for a deposition shall be paid by the party who requested the deposition unless otherwise agreed by the parties or directed by the assigned Administrative Law Judge.

(6) Notwithstanding sections (1) through (3), the assigned Administrative Law Judge may, after discussion with the parties, set timelines for completion of discovery.

(7) Where a "document" cannot be photocopied but it is discoverable, the possessing party shall so advise the other party or parties and shall cooperate in arranging for its inspection.

(8) Notwithstanding sections (1) through (3), privileged and work product documents shall not be subject to disclosure.

(9) Failure of a party to comply with this rule or with any requirements set by the assigned Administrative Law Judge may result in continuance of the hearing, exclusion of the documents from the evidentiary record, vacation of the citation, dismissal of the request for hearing, or such other sanctions as the assigned Administrative Law Judge may deem appropriate.

Or. Admin. R. 438-085-0740

WCB 5-1973, f. & ef. 12-20-73; WCB 10-1974, f. 3-19-74, ef. 4-15-74; WCB 6-1977, f. 5-5-77, ef. 6-1-77; WCB 2-1982, f. 6-22-82, ef. 8-2-82; WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98

Stat. Auth.: ORS 183.335, ORS 183.425(2) & ORS 656.726(5)

Stats. Implemented: ORS 654.025 & ORS 654.078