(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.

Terms Used In Oregon Statutes 183.635

  • Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
  • Contested case: means a proceeding before an agency:

    (A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;

    (B) Where the agency has discretion to suspend or revoke a right or privilege of a person;

    (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or

    (D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Hearing officer: includes an administrative law judge. See Oregon Statutes 183.310

(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) Public Utility Commission.

(u) State Accident Insurance Fund Corporation.

(v) State Apprenticeship and Training Council.

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

(x) State Land Board.

(y) 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 116.253 or any other claim to escheated or unclaimed property.

(3) The Workers’ Compensation Board is exempt from using administrative law judges assigned from the office for any hearing conducted by the board under ORS chapters 147, 654 and 656. Except as specifically provided in this subsection, the Department of Consumer and Business Services must use administrative law judges assigned from the office only for contested cases arising out of the department’s powers and duties under:

(a) ORS § 86A.095 to 86A.198, 86A.990 and 86A.992 and ORS Chapter 59;

(b) ORS Chapter 455;

(c) ORS Chapter 674;

(d) ORS chapters 706 to 716;

(e) ORS Chapter 717;

(f) ORS chapters 723, 725 and 726; and

(g) ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750.

(4) Notwithstanding any other provision of law, in any proceeding in which an agency is required to use an administrative law judge assigned from the office, an officer or employee of the agency may not conduct the hearing on behalf of the agency.

(5) Notwithstanding any other provision of ORS § 183.605 to 183.690, an agency is not required to use an administrative law judge assigned from the office if:

(a) Federal law requires that a different administrative law judge or hearing officer be used; or

(b) Use of an administrative law judge from the office could result in a loss of federal funds.

(6) Notwithstanding any other provision of this section, the Department of Environmental Quality must use administrative law judges assigned from the office only for contested case hearings conducted under the provisions of ORS § 183.413 to 183.470. [1999 c.849 § 9; 2001 c.900 § 46; 2003 c.75 § 8; 2005 c.22 § 131; 2005 c.26 § 18; 2007 c.239 § 9; 2009 c.541 § 6; 2009 c.762 § 46; 2009 c.830 § 147; 2009 c.866 § 10; 2011 c.637 § 64; 2011 c.708 § 25; 2013 c.296 § 19; 2015 c.767 § 53; 2017 c.442 § 24; 2019 c.678 § 56]

 

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