OAR 860-001-0360: Case Management Conferences

(1) This case management conference rule applies to complaints filed pursuant to ORS 756.500 or OAR 860-029- 0100, or OAR 860-082-0085, or a petition for declaratory ruling filed pursuant to ORS 756.450. These provisions supplement the generally applicable filing and contested case procedures contained in OAR chapter 860, division 001 and in division 029. (2) Within 14 business days of the filing of a complaint or petition for declaratory ruling, or 10 business days after the answer is filed, whichever date is later, the Administrative Law Judge shall hold a case management conference. (3) The purpose of the case management conference will be to facilitate the orderly and efficient resolution of the case and to discourage wasteful activities. (4) At the case management conference, the parties will: (a) Make good faith efforts to identify the legal and factual issues in dispute in the case; and (b) Establish a schedule for the docket, including dates for testimony, discovery, briefing, submission of exhibits and hearing. (5) In addition, the parties will discuss the following matters and the ALJ will make or enter such rulings as are appropriate: (a) Whether the disputes in the case might be narrowed through motions to dismiss or for summary judgment, and whether schedules for such motion practice may be adopted at that time; (b) Regarding the available modes, timing, and scope of discovery and any other discovery matters raised by the parties; (c) Whether the parties require the assistance of the Commission's mediation services to assist in resolving the matter; and (d) Any other matters that may expedite the orderly conduct and disposition of the proceedings. (6) Within 3 business days of the case management conference, the ALJ will issue a case management ruling setting forth a schedule for the case and setting forth all the ALJ's decisions on other matters discussed at the conference. (7) At any time during the pendency of the docket, any party may request that additional case management conferences be scheduled to address any of the above issues, including the amendment of the case management schedule.