Or. Admin. R. 471-040-0030

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

Section 471-040-0030 - Administrative Law Judge's Decision

(1) The administrative law judge shall promptly prepare and serve a written decision after the conclusion of the hearing.

(2) The administrative law judge's decision shall be based upon the evidence in the hearing record and upon any stipulated or officially noticed facts. Any findings of fact by the administrative law judge shall be based upon reliable, probative, and substantial evidence.

(3) The administrative law judge's decision shall be in an approved form and shall contain:

(a) A caption clearly identifying the parties;

(b) A statement of jurisdiction;

(c) A statement of the issues and law involved;

(d) Findings of fact;

(e) Conclusions based upon the findings of fact; or a statement adopting conclusions set forth in the appealed administrative decision; and

(f) A decision setting forth the action to be taken.

(4) Copies of the administrative law judge's decision shall be personally delivered or mailed to the parties, or their authorized agents, at their last address of record.

(5) An administrative law judge may issue an amended decision prior to the previous decision becoming final. The amended decision shall be served as required by these rules and shall be subject to review.

(6) In accordance with the provisions of subsection (4) of ORS 657.270, an application for review of a administrative law judge's decision may be filed by the Director or the Director's designee.

Or. Admin. R. 471-040-0030

1DE 150, f. & ef. 2-9-76; 1DE 153, f. 12-23-77, ef. 1-1-78; 1DE 5-1979, f. & ef. 8-27-79; 1DE 2-1982, f. & ef. 12-8-82; 1DE 2-1984, f. & ef. 9-28-84; ED 1-1987, f. & ef. 1-12-87; ED 1-1991, f. & cert. ef. 4-1-91; ED 5-1992, f. & cert. ef. 12-14-92; ED 3-1999, f. 6-29-99, cert. ef. 7-4-99; ED 4-2004, f. 7-30-04, cert. ef. 8-1-04

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.280, 657.610 & 657.270(4)