Or. Admin. Code § 582-020-0085

Current through Register Vol. 64, No. 1, January 1, 2025

Section 582-020-0085 - Prehearing Conferences

(1) Prior to hearing, the Impartial Hearing Officer shall conduct at least one prehearing conference to facilitate the conduct and resolution of the case, unless the client and OVRS both agree that no such conference is desired.

(2) The purposes of a prehearing conference may include, but are not limited to the following:

(a) To facilitate a decision on any requests by OVRS to dismiss the hearing request if these have not been resolved prior to the prehearing conference;

(b) To facilitate discovery and to resolve disagreements about discovery;

(c) To identify, simplify and clarify issues;

(d) To eliminate irrelevant issues;

(e) To obtain stipulations of fact;

(f) To provide to the Impartial Hearing Officer and parties, in advance of the hearing, copies of all documents intended to be offered as evidence at the hearing and the names of all witnesses expected to testify;

(g) To authenticate documents;

(h) To decide the order of proof and other procedural matters pertaining to the conduct of the hearing;

(i) To discuss the use of a collaborative dispute resolution process in lieu of or preliminary to holding the contested case hearing; and

(j) To discuss settlement or other resolution or partial resolution of the case.

(3) The prehearing conference may be conducted in person or by telephone.

(4) The Impartial Hearing Officer shall make a written record of any stipulations, rulings and agreements. Stipulations to facts and to the authenticity of documents and agreements to narrow issues shall be binding upon the agency and the parties to the stipulation unless good cause is shown for rescinding a stipulation or agreement.

Or. Admin. Code § 582-020-0085

VRS 5-2004, f. & cert. ef. 8-5-04; VRS 3-2020, amend filed 02/21/2020, effective 3/6/2020

Statutory/Other Authority: ORS 344.530 & 344.590

Statutes/Other Implemented: ORS 344.530, 344.550 & 344.590