Or. Admin. Code § 471-070-8050
Current through Register Vol. 63, No. 10, October 1, 2024
Section 471-070-8050 - Appeals: The Hearing(1) The purpose of the hearing is to inquire fully into the matters at issue and to make a decision on the basis of the evidence shown at the hearing.(2) No administrative law judge shall participate in a hearing if the administrative law judge has any private interest in the outcome of the hearing or holds any bias or prejudice which would impair a fair and impartial hearing. All testimony at any hearing before an administrative law judge shall be under oath or affirmation.(3) The Office of Administrative Hearings shall make an audio, video or stenographic record of the hearing.(4) The administrative law judge shall conduct and control the hearing. The administrative law judge shall determine the order of the presentation of evidence, administer oaths, examine any witnesses, and may, either on the administrative law judge's own motion or a party's request, exclude witnesses from the hearing room. Parties, or their authorized representatives, shall have the right to give testimony and to call and examine witnesses.(5) Hearings are not open to the public and are closed to non-participants in the hearing. The administrative law judge may exclude witnesses from the hearing, except for a party, a party's authorized representative, expert witnesses, the agency representative, one agency officer or employee, and any persons authorized below to attend.(a) An officer or employee of the department may represent the department in a hearing requested under OAR 471-070-8005, when authorized by the Attorney General in accordance with ORS 183.452 and applicable administrative rules.(b) Individuals may appear on their own behalf or by an attorney, paralegal worker, legal assistant, union representative, or person otherwise qualified by experience or training. When a party makes a general appearance at a hearing, defects in notice are waived.(c) Parties that are corporations, partnerships, limited liability companies, unincorporated associations, trusts, or government entities may be represented by an authorized officer, authorized employee, or an attorney.(d) When a party is not represented at the hearing by an attorney, paralegal worker, legal assistant, union representative, or person otherwise qualified by experience or training, the administrative law judge shall explain the issues involved in the hearing and the matters that the unrepresented party must either prove or disprove. The administrative law judge shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the administrative law judge in the hearing.(6) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude the administrative law judge from entering a decision unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of serious affairs shall be admissible. If a question of privilege arises, the administrative law judge shall fully and clearly inform the party of any rights as to such privilege and deal with procedural problems created by the existence of such issue in a way which protects the party's right to a fair hearing. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.(7) All evidence shall be offered and made a part of the record in the case and, except for matters stipulated to and for notice taken, no other factual information or evidence shall be considered by the administrative law judge in making the decision. The experience, technical competence, and specialized knowledge of the administrative law judge may be utilized in the evaluation of the evidence presented. The administrative law judge may receive evidence deemed relevant and essential by the administrative law judge to a fair disposition of the issues.(8) The administrative law judge may take official notice of judicially cognizable facts. The administrative law judge may take notice of general, technical, or scientific facts within the administrative law judge's specialized knowledge and may take notice of documents, records, and forms retained within the department's files. The administrative law judge shall notify the parties of any official notice taken during the hearing or in the decision prior to such decision becoming final. Parties shall be afforded an opportunity to contest the material so noticed during the hearing or prior to the administrative law judge's decision becoming final.(9) The administrative law judge shall render a decision on the issue and law involved as stated in the notice of hearing. The administrative law judge's jurisdiction and authority is confined solely to the issue(s) arising under the Paid Family and Medical Leave Insurance laws in ORS chapter 657B.Or. Admin. Code § 471-070-8050
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022Statutory/Other Authority: ORS 657B.340 & 183.452
Statutes/Other Implemented: ORS 657B.410 & 183.452