Rule 4.35 - [Effective 1/1/2025] AGENCY WITHDRAWAL OF ORDERS FOR PURPOSE OF AGENCY RECONSIDERATION(1) This rule applies when an agency has withdrawn, for the purpose of reconsideration, an order that is the subject of a petition for judicial review.(2)(a) If an agency withdraws an order for the purpose of its own reconsideration, it shall file with the Administrator a notice of the withdrawal. The notice shall include a statement of reasons why the order is being reconsidered and the date the agency expects to submit a new order to the court after reconsideration.(b) If the agency has withdrawn the order for the purpose of reconsideration pursuant to ORS 183.482(6), it shall file an order on reconsideration within 60 days after the filing of the notice of withdrawal or within such other time as the court may allow.(3) The filing of a notice under subsection (2)(a) of this rule shall suspend proceedings on the petition for judicial review until an order on reconsideration is filed, or the time designated therefor expires, unless otherwise ordered by the court.(4) When an order has been withdrawn for the purpose of reconsideration under paragraph (2)(a) of this rule, and once the agency issues an order on reconsideration, the Attorney General shall file a copy of the order on reconsideration with the Administrator within seven days after the agency issues the order.(5)(a) If a petitioner desires judicial review of an agency's order on reconsideration, (i) Unless subparagraph (5)(a)(ii) of this rule applies, the petitioner shall file an amended petition for judicial review or notice of intent to proceed with judicial review within a period equal to that allowed for filing an original petition. No filing fee is required for an amended petition.(ii) If the petition on judicial review pertains to an order of the Board of Parole and Post-Prison Supervision, the petitioner shall file a notice of intent to proceed with judicial review within the period equal to that allowed for filing an original petition, unless the court allows additional time.(b) If no amended petition for judicial review or notice of intent to proceed with judicial review is timely filed, the judicial review proceeding in the Court of Appeals will be dismissed.(c) A person other than the petitioner who is dissatisfied with the order on reconsideration may file a petition for judicial review of the order on reconsideration, in accordance with statute and these rules.(6) If the agency has considered any material beyond the present record, the agency shall submit an amended record to the Administrator within 14 days after the filing of a petition for judicial review, amended petition for judicial review, or notice of intent to proceed with judicial review. The amended record on review shall be prepared pursuant to ORAP 4.20.(7)(a) If the petitioner filed an opening brief before the withdrawal of the order for reconsideration, in addition to filing an amended petition for judicial review or notice of intent to proceed with judicial review as required by paragraph (5)(a) of this rule, the petitioner shall give notice to the Administrator whether the petitioner intends to proceed on the original opening brief.(b) If the petitioner had not filed an opening brief or desires to file a supplemental brief, the petitioner's opening or supplemental brief shall be filed 28 days after the date the amended petition for judicial review or notice of intent to proceed with judicial review was filed or the date the agency submitted the amended record to the Administrator, whichever is later.(c) A respondent's answering brief, if any, shall be filed within 28 days after the filing of the petitioner's opening or supplemental brief or notice that the petitioner will proceed on the original brief.Amended November 29, 2024, effective 1/1/2025.