Or. Admin. R. 115-010-0100 - Petitions for Reconsideration or Rehearing
(1) A party has 14 days from the date of
service of a Board order to petition for reconsideration or rehearing. Any
petition for reconsideration or rehearing must specifically state the ground(s)
for the petition.
(2) Petition for
Rehearing.
(a) A petition for rehearing asks
the Board to return the matter to the ALJ for the purpose of submitting
additional evidence.
(b) A petition
for rehearing shall be granted only if the petitioner establishes that the
petitioner would be unduly prejudiced if the petition was denied. If the basis
for the petition is based on previously unavailable evidence, the petitioner
must establish that the evidence could not reasonably have been discovered and
produced at the hearing.
(3) Petition for Reconsideration.
(a) A petition for reconsideration asks the
Board to reconsider a ruling, finding of fact, or conclusion of law in a Final
Order.
(b) In a case where a Final
Order is issued without a Recommended Order, the Board shall generally grant a
party's request for reconsideration and grant oral argument.
(c) In a case where a Final Order is issued
following a Recommended Order, a petition for reconsideration should be limited
to:
(A) A claim of factual error;
(B) A claim that there has been a change in
the statutes or case law since the issuance of the Final Order that affects the
case; or
(C) A claim that the Board
erred in construing or applying the law. A claim addressing legal and factual
issues already argued and addressed in the Final Order is disfavored.
Notes
Stat. Auth.: ORS 240.086(3), 243.766(7)
Stats. Implemented: ORS 240 & 243
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