OAR 115-010-0070: Conduct of Hearings

(1)(a) The Board or Board Agent will open the hearing with a brief introduction of parties and issues. (b) Parties shall enter appearances at the beginning of the hearing. (c) Parties may make opening statements. (d) Parties may present evidence in support of their respective positions. Parties shall be allowed to cross-examine witnesses and object to offered evidence. (e) A party may make oral or written closing argument. (2) Conference During Hearing. In any proceeding, the Board or Board Agent may call a conference. The results of such conference shall be stated on the record. (3) Stipulation. A stipulation is an agreement. The parties in any proceeding or investigation may agree on any fact. Stipulations must be approved by the Board or Board Agent and will be included in the record of the proceeding or investigation. A stipulation will be binding on the parties. Stipulations may be regarded and used as evidence at hearing. (4) Continuances. The Board or Board Agent may continue a hearing. The date of a continued hearing may be fixed at the time of the initial hearing or by later written notice to the parties. (5) Burden of Proof: (a) Representation, clarification and unit redesignation hearings are investigatory and there is no burden of proof on any party. Nevertheless, in disputes concerning whether employees are "public employees," there must be sufficient evidence establishing that a statutory exclusion applies. The Board or Board Agent shall determine the order of presentation of evidence and may examine witnesses, require the production of documents and call witnesses not called by the parties. (b) Unfair labor practice complaint hearings are adversarial. The complainant has the burden of proof and the burden of going forward with the evidence. The respondent has the burden of proving affirmative defenses, if any. (c) In a hearing on an appeal from a disciplinary action under ORS 240.555 or ORS 240.570(3), the respondent shall have the burden of proof and the burden of going forward with the evidence. The appellant shall have the burden of proving affirmative defenses. In all other ORS ch 240 cases, the appellant shall have the burden of proof and the burden of going forward with the evidence, and the respondent shall have the burden of proving affirmative defenses. (6) If a party chooses to have a certified transcript of the hearing prepared, the Board will be provided, at no charge, with a certified copy of such transcript.