OAR 137-003-0625
Ex Parte Communications with Administrative Law Judge


(1)

For purposes of this rule, an ex parte communication is:

(a)

An oral or written communication;

(b)

By a party, a party’s representative or legal adviser, any other person who has a direct or indirect interest in the outcome of the proceeding, any other person with personal knowledge of the facts relevant to the proceeding, or any officer, employee or agent of the agency;

(c)

That relates to a legal or factual issue in the contested case proceeding;

(d)

Made directly or indirectly to the administrative law judge;

(e)

While the contested case proceeding is pending;

(f)

That is made without notice and opportunity for the agency and all parties to participate in the communication.

(2)

If an administrative law judge receives an ex parte communication during the pendency of the contested case proceeding, the administrative law judge shall place in the record:

(a)

The name of each individual from whom the administrative law judge received an ex parte communication;

(b)

A copy of any ex parte written communication received by the administrative law judge;

(c)

A memorandum reflecting the substance of any ex parte oral communication made to the administrative law judge;

(d)

A copy of any written response made by the administrative law judge to any ex parte oral or written communication; and

(e)

A memorandum reflecting the substance of any oral response made by the administrative law judge to any ex parte oral or written communication.

(3)

The administrative law judge shall advise the agency and all parties in the proceeding that an ex parte communication has been made a part of the record. The administrative law judge shall allow the agency and parties an opportunity to respond to the ex parte communication. Any responses shall be made part of the record.

(4)

The provisions of this rule do not apply to:

(a)

Communications made to an administrative law judge by other administrative law judges; or

(b)

Communications made to an administrative law judge by any person employed by the Office of Administrative Hearings to assist the administrative law judge.

Source: Rule 137-003-0625 — Ex Parte Communications with Administrative Law Judge, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0625.

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 137-003-0625’s source at or​.us