Or. Admin. R. 859-200-0125 - Quorum; Decisions; Board Member Conflicts
For any Board hearing:
(1) Three concurring votes (affirmative or
negative) are required to make a Board decision.
(2) When three members cannot agree on the
decision, the hearing may be continued for a reasonable time and the recording
of the hearing and the exhibits shall be reviewed by the remaining member(s)
and a decision by the majority of the members shall be the finding and order of
the Board.
(3) If the attorney for
the person objects to the remaining member's or members' review as set forth in
section (2) of this rule, the Board may reschedule the matter for a hearing
before the entire Board.
(4) If an
objection for good cause is made to a specific member of the Board sitting on
the panel considering a specific case, that member shall withdraw and, if
necessary, the hearing shall be postponed and rescheduled.
(5) If an objection for good cause is made to
a specific staff member of the Board being present during the panel's
deliberations in a specific case, and if the Board determines that good cause
exists, that staff member shall not be present during deliberations in that
case. The Board may, on its own motion, identify a Board member conflict with a
case and exclude the Board member from considering any matter related to that
case.
Notes
Stat. Auth.: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Stats. Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
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