1. (1) A contested-case hearing on a petition for enforcement shall be conducted before a hearings officer appointed by the commission, unless the commission decides to conduct the hearing itself.
2. (2) When a hearings officer conducts a hearing, the commission shall delegate all its authority regarding the contested case to the hearings officer, except for its authority to act on the hearing officer’s proposed order.
3. (3) If the commission decides to have a hearings officer conduct the hearing, the hearings officer shall set a date for that hearing. The act of setting such a date must be done within 45 days of the date when the petition was received by the department.
4. (4) If the commission decides that it will conduct the hearing itself, the department shall set a date for that hearing. The act of setting such a date must be done within 45 days of the date when the petition was received by the department.
5. (5) The commission may delegate to the department the responsibility for appointing a hearings officer.
6. (6) The department shall appoint a hearings officer to preside over pre-hearing matters, including, but not limited to, notice, party and limited party status, discovery, and pre-hearing conferences.

Statutory/Other Authority

ORS 183 & 197

Statutes/Other Implemented

ORS 197.319, 197.320, 197.324 & 197.646

History

LCDD 5-1998, f. & cert. ef. 9-23-98