OAR 839-050-0255: Telephone Hearings

(1) A "telephone hearing" is one in which at least one participant is not physically present at the hearing but participates by telephone or other two-way communication device. (2) The Administrative Law Judge has the discretion to hold a hearing or portion of a hearing by telephone. Nothing in this rule precludes the Administrative Law Judge from allowing some parties or witnesses to attend by telephone while others attend in person. (3) The Administrative Law Judge may direct that a hearing be held by telephone upon request or on the Administrative Law Judge's own motion. (4) Fourteen days before the telephone hearing is scheduled to occur each participant must file with the Contested Case Coordinator and serve each other participant copies of documentary evidence that it will seek to introduce into the record and a list of all persons to be called as witnesses. (5) The Administrative Law Judge may refuse to admit evidence not filed and served as required by section (4) of this rule, unless the participant that failed to provide the documentary evidence and the list of witnesses offers a satisfactory reason for having failed to do so or unless excluding the evidence would violate the duty to conduct a full and fair inquiry under ORS 183.417(8). If the Administrative Law Judge admits evidence that was not filed and served as required, the Administrative Law Judge may grant a continuance to allow an opportunity for the other participant(s) to respond.