OAR 808-009-0400: Exceptions to Agency Orders, Claims

(1) After a contested case claim hearing, claimant or licensee may file written exceptions if they believe that the administrative law judge has made a procedural error or that the proposed order is not supported by evidence received at the hearing. (2) To be considered: (a) The first exceptions must be received by the agency within 21 days of the date of mailing the proposed order. (b) If one party files timely exceptions, exceptions by the opposing party, if that party chooses to file them, must be received by the agency within 14 days after the date the agency mails a copy of the first exceptions to the opposing party. (3)(a) If written exceptions are not timely received, the order will become final under OAR 808-009-0160. (b) If exceptions are timely received, the matter will be set for consideration by the Board at a regularly scheduled Board meeting for which agenda space is available. (4) The exceptions must substantially conform to the requirements set forth in OAR 808-009-0430. (5) Copies of exceptions filed will be mailed to the other side who may respond to the exceptions. Response and any written argument for or against the proposed order will be accepted up to 15 days prior to the Board meeting date if the original exceptions were timely received. (6)(a) If a party filing exceptions intends to rely on oral testimony given at the hearing, the party must include in the exceptions: (A) A notice of the intention to rely on oral testimony, and (B) A request for a copy of the recording of the hearing with the fee required under OAR 808-001-0020. (b) After the agency receives a party’s exceptions containing a notice of an intention to rely on oral testimony under subsection (a) of this section, the agency must send a copy of the recording of the hearing to the other party to the claim at no charge unless that party also filed exceptions that included a notice of intention to rely on oral testimony. (c) The party that filed the notice of intention to rely on oral testimony must prepare a typed transcript of the portions of the hearing testimony that the party contends support the exceptions filed. The party must deliver the transcript to the agency 21 days after the date of mailing of the recording of the hearing by the agency to the party. (d) The agency must mail a copy of the transcript to the other party to the claim. (7)(a) The party opposing the exceptions may prepare a typed transcript of the portions of the hearing testimony that the party contends support opposition to the exceptions. The opposing party must deliver the transcript to the agency 21 days after the date the agency mailed the transcript under subsection (6)(d) of this rule. (b) The agency must mail a copy of the transcript prepared under this section to the party that filed the exceptions. (8) The Board may refuse to consider evidence of oral testimony submitted by a party if the party fails to comply with the requirements of sections (6) and (7) of this rule. (9) Claimant and respondent may appear before the members of the Board to argue for or against the proposed order. (10) The agency may waive or extend the time limitations in sections (5) through (7) of this rule on its own motion or on a showing of good cause by the person requesting the waiver.