Title 183 · ORS Chapter 183

if the hearing is subject to the procedural requirements for contested

Citation: ORS 183.341

Section: 183.341

183.341 if the hearing is subject to the procedural requirements for contested case proceedings.

����� (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]

����� 183.635 Agencies required to use administrative law judges from Office of Administrative Hearings; exceptions. (1) Except as provided in this section, all agencies must use administrative law judges assigned from the Office of Administrative Hearings established under ORS 183.605 to conduct contested case hearings, without regard to whether those hearings are subject to the procedural requirements for contested case hearings.

����� (2) The following agencies need not use administrative law judges assigned from the office:

����� (a) Attorney General.

����� (b) Boards of stewards appointed by the Oregon Racing Commission.

����� (c) Bureau of Labor and Industries and the Commissioner of the Bureau of Labor and Industries.

����� (d) Department of Corrections.

����� (e) Department of Education, State Board of Education and Superintendent of Public Instruction.

����� (f) Department of Human Services for vocational rehabilitation services cases under 29 U.S.C. 722(c) and disability determination cases under 42 U.S.C. 405.

����� (g) Department of Revenue.

����� (h) Department of State Police.

����� (i) Employment Appeals Board.

����� (j) Employment Relations Board.

����� (k) Energy Facility Siting Council.

����� (L) Fair Dismissal Appeals Board.

����� (m) Governor.

����� (n) Land Conservation and Development Commission.

����� (o) Land Use Board of Appeals.

����� (p) Local government boundary commissions created pursuant to ORS 199.430.

����� (q) Public universities listed in ORS 352.002.

����� (r) Oregon Youth Authority.

����� (s) Psychiatric Security Review Board.

����� (t) Oregon Health Authority, for purposes of contested case hearings involving informed consent at the Oregon State Hospital.

����� (u) Public Utility Commission.

����� (v) State Accident Insurance Fund Corporation.

����� (w) State Apprenticeship and Training Council.

����� (x) State Board of Parole and Post-Prison Supervision.

����� (y) State Land Board.

����� (z) State Treasurer, except the State Treasurer shall use an administrative law judge for contested cases involving claims arising under ORS 98.302 to 98.436, 98.992 or