Or. Admin. Code § 661-010-0040

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

Section 661-010-0040 - Oral Argument

(1) Only parties who have submitted briefs shall be allowed to present oral argument to the Board. The Board shall not consider issues raised for the first time at oral argument.

(2) If a party waives the right to present oral argument, the Board shall consider the case based on that party's brief and the briefs and oral arguments presented by other parties. The parties may, with consent of the Board, stipulate to submit a case to the Board on briefs without oral argument. If a party fails to appear at the time set for oral argument, the Board may deem the cause submitted without oral argument as to that party. A party's failure to so appear shall not preclude oral argument by other parties.

(3) The Board shall inform the parties of the time and place of oral argument. A party shall seek the consent of other parties before requesting a change in the scheduled time or date for oral argument.

(4) Requests for an overlength oral argument shall be submitted to the Board in writing at any time after the record is received, but in no event later than seven days after the petition for review is filed, shall state whether all parties join in the request, and shall state the reasons why an overlength oral argument will assist the Board in resolving the appeal.

(5)

(a) Unless the Board otherwise orders, petitioner(s) shall be allowed 15 minutes for oral argument. Petitioner(s) may reserve up to 5 minutes for rebuttal following respondents' oral argument, to respond to arguments made during respondents' oral argument. Multiple petitioners and intervenor-petitioners shall share the same 15 minutes.

(b) The respondent(s) shall be allowed 15 minutes to respond. Multiple respondents shall share the same 15 minutes. For the purposes of this rule, an intervenor-respondent who files a cross petition for review shall be considered a respondent and shall share in the same 15 minutes allowed for respondent(s).

(c) The Board shall record all arguments, but any party may also arrange at its own expense to record the argument in some other manner.

(d) For purposes of this rule, "in-person oral argument" means all parties and participating board members physically appear in a hearing room and "remote oral argument" means all parties and participating board members appear by video conference call. Except as otherwise provided below, the case will be set for remote oral argument.

(A) The Board may determine that the needs of the Board will be best served by in-person oral argument and may direct the parties to appear for in-person oral argument.

(B) A party may move in writing for in-person oral argument at any time after the record is received but in no event later than seven days after the petition for review is filed. A motion for in-person argument must explain the circumstances that support the request and demonstrate good cause for arguing in-person. Good cause does not include a mere preference for in-person oral argument. The moving party must confer with all other parties and shall include a statement of compliance with this section at the time of filing their motion that states that no party objects, or that states that a party objects to in-person oral argument and, if the other parties' reasons for objecting are known, the motion shall set out those reasons. Any party may file a response to a motion for in-person oral argument within seven days after the filing of the motion for in-person oral argument.

(6) A state agency which has filed a brief pursuant to ORS 197.830(8) may move to argue orally before the Board. The motion shall be filed with the brief as a separate document.

(7) Demonstrative exhibits presented at oral argument shall be limited to copies of materials already in the record, including reductions or enlargements, or materials created during the party's presentation at oral argument.

(8) The Board may conduct oral argument in-person in accordance with (5)(d) of this rule, or by telephone or video conference call.

Or. Admin. Code § 661-010-0040

LUBA 1-1979(Temp), f. & ef. 11-1-79; LUBA 2-1980, f. & ef. 4-29-80; LUBA 1-1983, f. & ef. 10-3-83; LUBA 1-1987, f. & ef. 12-30-87; LUBA 1-1994, f. & cert. ef. 6-22-94; LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98; LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02; LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10; LUBA 1-2018, amend filed 12/28/2018, effective 1/1/2019; LUBA 3-2022, amend filed 07/20/2022, effective 8/1/2022; LUBA 4-2023, temporary amend filed 10/11/2023, effective 10/11/2023 through 3/31/2024; LUBA 1-2024, amend filed 03/20/2024, effective 4/1/2024; LUBA 2-2024, amend filed 10/25/2024, effective 11/1/2024

Statutory/Other Authority: ORS 197.820(4)

Statutes/Other Implemented: ORS 197.830(13)(a)