OAR 137-003-0530
Late Filing and Amendment of Documents


(1)

Unless otherwise provided by law, when a party or agency fails to file any document for the contested case proceeding, except a hearing request, within the time specified by agency rules or these rules of procedure, the late filing may be accepted if the agency or administrative law judge determines that there was good cause for failure to file the document within the required time.

(2)

The decision whether a late filing will be accepted shall be made:

(a)

By the agency if OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case) requires the document to be filed with the agency; or

(b)

By the administrative law judge if OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case) requires the document to be filed with the Office of Administrative Hearings or the assigned administrative law judge.

(3)

The agency or administrative law judge may require a statement explaining the reasons for the late filing.

(4)

Notwithstanding any other provision of these rules, after the notice required by ORS 183.415 (Notice of right to hearing) is issued:

(a)

An agency may issue an amended notice:

(A)

Before the hearing; or,

(B)

During the hearing, but before the evidentiary record closes, if the administrative law judge determines that permitting the amendment will not unduly delay the proceeding or unfairly prejudice the parties.

(b)

If an agency issues an amended notice, any party may obtain, upon request, a continuance determined to be reasonably necessary to respond to any new material contained in the amended notice. This subsection ((4)(b)) does not apply to implied consent proceedings conducted pursuant to ORS Chapter 813 (Driving Under the Influence of Intoxicants). The amendments to subsection (4) of this rule apply to all notices issued after January 31, 2012.

(5)

Unless otherwise provided by law, when a party or agency files any document for the contested case proceeding, the agency or the administrative law judge may permit the party or agency to file an amended document if the agency or administrative law judge determines that permitting the amendment will not unduly delay the proceeding or unfairly prejudice the parties or the agency.

(6)

The decision whether an amended document will be accepted shall be made:

(a)

By the agency if OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case)(2) requires the document to be filed with the agency; or

(b)

By the administrative law judge if OAR 137-003-0520 (Filing and Providing Copies of Documents in Contested Case)(2) requires the document to be filed with the Office of Administrative Hearings or the assigned administrative law judge.

(7)

The agency or administrative law judge may require a statement explaining the reasons for the amendment.

Source: Rule 137-003-0530 — Late Filing and Amendment of Documents, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0530.

137‑003‑0000
Applicability of Rules in OAR 137, Division 3
137‑003‑0001
Contested Case Notice
137‑003‑0002
Rights of Parties in Contested Cases
137‑003‑0003
Late Filing
137‑003‑0005
Participation as Party or Limited Party
137‑003‑0007
Agency Participation as Interested Agency or Party
137‑003‑0008
Authorized Representative in Designated Agencies
137‑003‑0010
Emergency License Suspension, Refusal to Renew
137‑003‑0015
Use of Collaborative Dispute Resolution in Contested Cases Hearing
137‑003‑0025
Discovery in Contested Cases Hearing
137‑003‑0035
Prehearing Conferences
137‑003‑0036
Individually Identifiable Health Information
137‑003‑0037
Qualified Interpreters
137‑003‑0040
Conducting Contested Case Hearing
137‑003‑0045
Telephone Hearings
137‑003‑0050
Evidentiary Rules
137‑003‑0055
Ex Parte Communications
137‑003‑0060
Proposed Orders in Contested Cases, Filing Exceptions
137‑003‑0070
Final Orders in Contested Cases
137‑003‑0075
Final Orders by Default
137‑003‑0080
Reconsideration and Rehearing — Contested Cases
137‑003‑0090
Stay Request
137‑003‑0091
Intervention in Stay Proceeding
137‑003‑0092
Stay Proceeding and Order
137‑003‑0501
Rules for Office of Administrative Hearings
137‑003‑0505
Contested Case Notice
137‑003‑0510
Rights of Parties in Contested Cases
137‑003‑0515
Agency Referral to Office of Administrative Hearings
137‑003‑0520
Filing and Providing Copies of Documents in Contested Case
137‑003‑0525
Scheduling Hearings
137‑003‑0528
Late Hearing Requests
137‑003‑0530
Late Filing and Amendment of Documents
137‑003‑0535
Participation as Party or Limited Party
137‑003‑0540
Agency Participation as Interested Agency or Party
137‑003‑0545
Representation of Agency by Attorney General or Agency Representative
137‑003‑0550
Representation of Parties
137‑003‑0555
Authorized Representative of Parties Before Designated Agencies
137‑003‑0560
Emergency License Suspension, Refusal to Renew
137‑003‑0565
Use of Collaborative Dispute Resolution in Contested Case Hearing
137‑003‑0566
Discovery in Contested Case Hearing — Methods
137‑003‑0567
Discovery in Contested Case Hearing — Standard
137‑003‑0568
Discovery in Contested Case Hearing — Procedure
137‑003‑0569
Discovery in Contested Case Hearing — Enforcement
137‑003‑0572
Depositions in Contested Cases
137‑003‑0573
Individually Identifiable Health Information
137‑003‑0575
Prehearing Conferences
137‑003‑0580
Motion for Summary Determination
137‑003‑0585
Subpoenas
137‑003‑0590
Qualified Interpreters
137‑003‑0595
Public Attendance
137‑003‑0600
Conducting the Contested Case Hearing
137‑003‑0605
Telephone Hearings
137‑003‑0610
Evidentiary Rules
137‑003‑0615
Judicial Notice and Official Notice of Facts
137‑003‑0625
Ex Parte Communications with Administrative Law Judge
137‑003‑0630
Motions
137‑003‑0635
Transmittal of Questions to the Agency
137‑003‑0640
Immediate Review by Chief Administrative Law Judge
137‑003‑0645
Proposed Orders in Contested Cases
137‑003‑0650
Exceptions to Proposed Order
137‑003‑0655
Further Hearing and Issuance of Final Order
137‑003‑0660
Ex Parte Communications to Agency during Review of Contested Case
137‑003‑0665
Final Orders in Contested Cases
137‑003‑0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default
137‑003‑0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing
137‑003‑0675
Reconsideration and Rehearing — Contested Cases
137‑003‑0690
Stay Request — Contested Case
137‑003‑0695
Intervention in Stay Proceeding
137‑003‑0700
Stay Proceeding and Order
Last Updated

Jun. 8, 2021

Rule 137-003-0530’s source at or​.us