(2) The Attorney General, after consulting with the chief administrative law judge, may exempt an agency or a category of cases from the requirements of subsection (1) of this section. The exemption may be from all or part of the model rules adopted by the Attorney General. Any exemption granted under this subsection must be made in writing.
(3) The Attorney General shall consult with an advisory group when adopting model rules of procedure for the purpose of contested case hearings conducted by administrative law judges assigned from the Office of Administrative Hearings. The advisory group shall consist of:
(a) The chief administrative law judge;
(b) An officer or employee of a state agency, appointed by the Governor;
(c) An attorney who practices administrative law, appointed by the Oregon State Bar;
(d) A deputy or assistant attorney general appointed by the Attorney General; and
(e) A public member, appointed by the Governor, who is not an attorney or an officer or employee of a state agency.
(4) Except as may be expressly granted by the agency to an administrative law judge assigned from the office, or as may be expressly provided for by law, an administrative law judge conducting a hearing for an agency under ORS 183.605 to 183.690 may not authorize a party to take a deposition that is to be paid for by the agency. [1999 c.849 §8; 2003 c.75 §7; 2009 c.866 §6]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties
Section 183.310 - Definitions for chapter.
Section 183.315 - Application of provisions of chapter to certain agencies.
Section 183.336 - Cost of compliance effect on small businesses.
Section 183.337 - Procedure for agency adoption of federal rules.
Section 183.365 - Publication of administrative rules in electronic form.
Section 183.390 - Petitions requesting adoption of rules.
Section 183.400 - Judicial determination of validity of rule.
Section 183.403 - Agency report to Legislative Assembly regarding temporary rules.
Section 183.405 - Agency review of rules; report by Secretary of State.
Section 183.407 - Small Business Rules Advisory Committee.
Section 183.411 - Delegation of final order authority.
Section 183.415 - Notice of right to hearing.
Section 183.417 - Procedure in contested case hearing.
Section 183.425 - Depositions or subpoena of material witness; discovery.
Section 183.430 - Hearing on refusal to renew license; exceptions.
Section 183.440 - Subpoenas in contested cases.
Section 183.450 - Evidence in contested cases.
Section 183.452 - Representation of agencies at contested case hearings.
Section 183.459 - Representation of home care worker by labor union representative.
Section 183.464 - Proposed order by hearing officer; amendment by agency; exemptions.
Section 183.470 - Orders in contested cases.
Section 183.471 - Preservation of orders in electronic format; fees.
Section 183.480 - Judicial review of agency orders.
Section 183.482 - Jurisdiction for review of contested cases; procedure; scope of court authority.
Section 183.485 - Decision of court on review of contested case.
Section 183.486 - Form and scope of decision of reviewing court.
Section 183.497 - Awarding costs and attorney fees when finding for petitioner.
Section 183.530 - Housing cost impact statement required for certain proposed rules.
Section 183.534 - Housing cost impact statement described; rules.
Section 183.538 - Effect of failure to prepare housing cost impact statement; judicial review.
Section 183.540 - Reduction of economic impact on small business.
Section 183.605 - Office of Administrative Hearings.
Section 183.610 - Chief administrative law judge.
Section 183.615 - Administrative law judges; duties; qualifications; rules.
Section 183.620 - Contract administrative law judges.
Section 183.625 - Assignment of administrative law judges; conduct of hearings.
Section 183.630 - Model rules of procedure; exemptions; depositions.
Section 183.645 - Request for change of administrative law judge; rules.
Section 183.660 - Office of Administrative Hearings Operating Account.
Section 183.680 - Standards and training program.
Section 183.685 - Ex parte communications.
Section 183.690 - Office of Administrative Hearings Oversight Committee.
Section 183.700 - Permits subject to ORS 183.702.
Section 183.705 - Extended term for renewed licenses; fees; continuing education; rules.
Section 183.710 - Definitions for ORS 183.710 to 183.730.
Section 183.715 - Submission of adopted rule to Legislative Counsel required.
Section 183.724 - Designation of interim committees for purposes of considering rule reports.
Section 183.730 - Review of rule by Oregon Sunshine Committee.
Section 183.750 - State agency required to prepare public writings in readable form.