Or. Admin. Code § 586-030-0037

Current through Register Vol. 63, No. 10, October 1, 2024

Section 586-030-0037 - Duty of Cooperation, Subpoenas, Discovery and Pre-Hearing Conference

(1) The timelines required by statute impose upon all parties in these proceedings the affirmative obligation to cooperate to the fullest extent possible in advance of and during the hearing. If necessary a lead counsel shall be designated. The most expeditious means of communication possible will be used including telephone, fax, or email to exchange information and discuss issues affecting case presentation. The parties shall mutually cooperate to voluntarily make witnesses and physical evidence available for the hearing when they, in good faith, have the ability to do so.

(2) Subpoena requests shall be in writing, to the Executive Secretary, with a copy to the opposing party, whether for hearing witnesses or for the production of physical evidence at or prior to the hearing. Statutory fees and the cost of service shall be the responsibility of the requesting party. The Executive Secretary, through legal counsel, may require an explanation of the testimony or the nature of the physical evidence expected under the subpoena and whether the opposing party has been requested to voluntarily produce the person or items sought before deciding whether to issue a subpoena. The panel may issue its own subpoenas.

(3) Appellant may request, in writing, access to all physical evidence (e.g. documents, tape recordings or other stored data) relied upon by the district in making the decision at issue or that the district has acquired with the intention of offering during its case-in-chief. The district shall promptly respond by making available for inspection the information requested. Appellant's representative may request copies of any items reviewed, subject to payment of the costs associated with providing them.

(4) The district may request, in writing, access to any physical evidence that the appellant intends to claim at hearing is either in explanation of the conduct at issue or will be presented as a defense. District's representative may request copies of any items reviewed, subject to payment of the costs associated with providing them.

(5) The parties shall promptly confer on objections or questions on the scope of the request. They shall cooperate concerning the manner of inspection or providing copies. If the parties cannot agree then they shall in good faith and cooperatively schedule an oral telephone conference before the Executive Secretary or Panel counsel to resolve the issue. The parties may refer to the discovery provisions in the Oregon Rules of Civil Procedure for general guiding principals in their discussions or during a conference call.

(6) Failure to cooperate or to produce discovery may result in sanctions, including a continuance or exclusion of evidence, depending on the circumstances.

(7) Both parties are entitled to all privileges recognized by law, including but not limited to attorney-client and work product.

(8) Discovery depositions, interrogatories and request for admissions are not permitted.

(9) A pre-hearing conference by phone with the parties or their legal counsel may be scheduled by the Executive Secretary or panel legal counsel for the purpose of assuring an orderly and efficient hearing process. Discussion topics may include anything that could impact the hearing. This includes preliminary hearing motions, advance agreement on exhibits to be offered, plus witness availability and scheduling. A written summary of the discussion and any agreements reached may be provided to the panel, and parties or their legal counsel by the Executive Secretary or panel legal counsel.

Or. Admin. Code § 586-030-0037

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