1. (1) If a majority of the officials who are to render the final order in a contested case have neither attended the hearing nor reviewed and considered the record, and the order is adverse to a party, a proposed order including findings of fact and conclusions of law shall be served upon the parties.

2. (2) When the agency serves a proposed order on the parties, the agency shall at the same time or at a later date notify the parties:

   1. (a) When written exceptions must be filed to be considered by the agency; and
   2. (b) When and in what form argument may be made to the officials who will render the final order.
3. (3) After receiving exceptions and argument, if any, the agency may adopt the proposed order or prepare a new order.
4. (4) Nothing in this rule prohibits the staff of a non-party agency from commenting on the proposed order.

Statutory/Other Authority

ORS 183.341

Statutes/Other Implemented

ORS 183.341(1), 183.460 & 183.464

History

JD 3-1997, f. 9-4-97, cert. ef. 9-15-97
JD 7-1991, f. & cert. ef. 11-4-91
JD 2-1986, f. & ef. 1-27-86
JD 6-1983, f. 9-23-83, ef. 9-26-83
1AG 1-1981, f. & ef. 11-17-81
1AG 4-1979, f. & ef. 12-3-79
1AG 17, f. & ef. 11-25-75
1AG 14, f. & ef. 10-22-75