Or. Admin. R. 438-085-0805

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

Section 438-085-0805 - Duties and Powers of Administrative Law Judge

It is the duty of the Administrative Law Judge to conduct a fair and impartial hearing and to avoid delay. The Administrative Law Judge has the authority to:

(1) Issue subpoenas;

(2) Order depositions to be taken or make limitations on discovery;

(3) Hold conferences for settlement of the case, clarification of the issues, or such other purpose which furthers the goal of full, prompt, and fair resolution of the case;

(4) Dispose of procedural requests, motions or similar matters;

(5) Administer oaths and affirmations;

(6) Rule upon offers of evidence;

(7) Regulate the course of the hearing and, if necessary, exclude persons from the hearing;

(8) Require a party to state the party's position on any issue in the case and the legal basis for that position;

(9) Order a party to produce a witness or other evidence;

(10) Call and examine any party or witness;

(11) Close the hearing record, or reopen it, as the needs of justice and the hearing require;

(12) Prohibit photographing, televising, or sound or video recording of the hearing from within or outside the hearing room.

(13) Take any other action necessary for a full and fair disposition of the case.

Or. Admin. R. 438-085-0805

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 656.726(5) & ORS 654.025

Stats. Implemented: ORS 654.025 & ORS 654.078