Or. Admin. R. 839-050-0170

Current through Register Vol. 63, No. 6, June 1, 2024

Section 839-050-0170 - Joinder of Parties, Claimants, Complainants, or Aggrieved Persons

(1) Aggrieved persons, complainants, or claimants: Any number of persons may be joined in one proceeding as aggrieved persons, complainants, or claimants if they assert a right to relief arising out of the same or similar transaction(s) or occurrence(s) and if questions of law or fact common to all these persons will arise in the proceeding.

(2) Parties: Any number of persons may be joined in one proceeding as parties if there is asserted against them any right to relief arising out of the same transaction(s) or occurrence(s) or if questions of law or fact common to all these persons will arise in the proceeding.

(3) Intervention by aggrieved persons: An aggrieved person may intervene and be joined as a party in a proceeding in which the Agency has issued Formal Charges alleging violations of ORS 659A.145, 659A.421, or federal housing law. The procedures set out in OAR 137-003-0005 of the Attorney General's Model Rules apply.

(4) The Final Order may find for or against the Agency according to the respective rights of one or more of the aggrieved persons, complainants, or claimants, and for or against one or more of the parties according to their respective liabilities.

(5) Misjoinder of aggrieved persons, complainants, claimants, or parties is not a ground for dismissal of a proceeding. Parties may be added or deleted by order of the Administrative Law Judge upon the motion of any participant, upon the Administrative Law Judge's own motion, or upon the application of any person or entity seeking party or limited party status, at any stage of the contested case proceeding. When necessary to complete disposition of the case, the Administrative Law Judge may postpone the hearing to allow a newly added aggrieved person, complainant, claimant, or party to prepare for the hearing.

Or. Admin. R. 839-050-0170

BL 8-1986, f. & ef. 9-2-86; BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93; BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0085; BL 12-1996, f. & cert. ef. 12-10-96; BLI 2-2000, f. & cert. ef. 1-27-00; BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04; BLI 38-2008, f. & cert. ef. 11-7-08; BLI 5-2014, f. & cert. ef. 4-15-14; BLI 8-2019, amend filed 07/01/2019, effective7/1/2019

Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4)

Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845, 659A.850 & 659A.885