OAR 586-030-0025: Preliminary Matters

(1) Preliminary motions challenging the Board’s jurisdiction or requesting dismissal of the appeal without a hearing shall be filed with the Executive Secretary at the earliest possible time. A briefing schedule shall be established. The panel may schedule a limited evidentiary hearing and/or oral argument by phone or in person and shall provide the parties with a ruling on the motion at the earliest practicable time. If the motion is denied or deferred, then the hearing process shall continue. (2) All other preliminary motions shall be filed with the Executive Secretary. The panel will determine whether to rule on the matter prior to commencement of the hearing on the merits. Parties may also request advance rulings. (3) The Executive Secretary or panel legal counsel may direct the parties to respond to inquiries related to any motion or to submit affidavits with or in response to any motion in order to determine if factual issues raised by the motion are not in dispute. The parties may be requested to waive objection to hearing dates beyond the statutory timeframe depending on the factual and legal complexity of the issues being raised.