Or. Admin. Code § 586-030-0032

Current through Register Vol. 63, No. 12, December 1, 2024

Section 586-030-0032 - Request to Participate as Party or in Limited Party Status

(1) Persons requesting to participate in a party or limited party status shall file a petition, with sufficient copies for service on the parties, with the Executive Secretary of the FDAB at least ten (10) days prior to the date set for hearing. Absent good cause, untimely filed petitions shall not be considered.

(2) The petition shall set forth the following:

(a) Name and address of the petitioner, and of any organization which the petitioner represents;

(b) Name and address of the petitioner's attorney, if any;

(c) If the petitioner is seeking party or limited party status to protect an alleged personal interest in the outcome of the proceeding, a detailed statement of the petitioner's interest and of how such interest may be affected by the results of the proceeding; and

(d) If the petition purports to be representing a public interest in the results of the proceeding, a detailed statement describing:

(A) The public interest;

(B) The manner in which that interest will be affected by the results of the proceeding;

(C) The petitioner's qualifications to represent the public interest; and

(D) Reasons why existing parties cannot adequately represent the identified public interests.

(3) A petition for limited party status shall identify the precise area or areas in which participation is requested, in addition to the items set forth in paragraph 2 above.

(4) Petitions for party status shall be delivered to all parties by the Executive Secretary either by fax or mail. Objections must be delivered by facsimile or other method and received at the Executive Secretary's office within 48 hours of service of the petition.

(5) The panel shall consider the rights of the existing parties, the delay, if any, caused by granting a party or limited party status to petitioner and any impact on due process considerations.

(6) The panel shall promptly serve its written decision concerning this matter on all parties. If status is granted, the order shall designate those areas in which it is to apply.

(7) The role and order of appearance for a party granted limited status shall be determined by the Panel prior to commencement of the hearing.

Or. Admin. Code § 586-030-0032

FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98; FDAB 1-1998, f. & cert. ef. 6-4-98; FDAB 1-2001(Temp), f. & cert. ef. 7-13-01 thru 1-2-02; FDAB 2-2001, f. & cert. ef. 12-31-01

Stat. Auth.: ORS 183 & ORS 342

Stats. Implemented: ORS 864, OL 2001