Or. Admin. R. 115-010-0068 - Prehearing Procedures
(1) The
Board or Board Agent may convene prehearing conferences with the parties'
representatives for the purpose of:
(a)
Scheduling hearing dates, witnesses for hearing and further prehearing
conferences;
(b) Disposing of
pending motions;
(c) Formulating
and simplifying issues;
(d)
Discussing settlement of any or all of the issues;
(e) Avoiding submission of unnecessary or
cumulative exhibits or other evidence;
(f) Stipulating to facts;
(g) Discussing the need for any special
hearing procedures; and
(h)
Discussing any other matters that may assist in the disposition of the
matter.
(2) At the
discretion of the Board or Board Agent, the prehearing conference may be held
by telephone or in person and may be recorded.
(3) Each party shall provide a witness list
to the other parties and the Board Agent. Each party shall also provide an
exhibit list and exhibits to any other party. These documents must be received
no later than seven days before the scheduled hearing, unless the Board Agent
directs otherwise.
(4) A party that
fails to comply with prehearing requirements set forth in the rule or ordered
by the Board or Board Agent shall be denied the right to offer such evidence or
make argument regarding such matter at the hearing unless good cause is
shown.
(5) The Board or Board Agent
may rule before hearing on one or more of the claims or defenses, or a portion
of any claim or defense, asserted in a complaint or answer. The Board or Board
Agent may defer issuing a proposed order on any such prehearing ruling until
after a hearing is held and a Recommended Order is issued on remaining claims
or defenses.
Notes
Stat. Auth.: ORS 240.086(3), 243.766(7)
Stats. Implemented: ORS 240 & 243
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