Bill Text: OR SB125 | 2013 | Regular Session | Enrolled
Bill Title: Relating to contested case hearings; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-06-06 - Effective date, September 1, 2013. [SB125 Detail]
Download: Oregon-2013-SB125-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 125
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Veterans' and Military Affairs for Oregon State Bar)
CHAPTER ................
AN ACT
Relating to contested case hearings; creating new provisions;
amending ORS 183.413 and 183.415; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 183.413 is amended to read:
183.413. (1) The Legislative Assembly finds that parties to a
contested case hearing have a right to be informed as to the
procedures by which contested cases are heard by state agencies,
their rights in hearings before state agencies, the import and
effect of hearings before state agencies and their rights and
remedies with respect to actions taken by state agencies.
Accordingly, it is the purpose of subsections (2) and (3) of this
section to set forth certain requirements of state agencies so
that parties to contested case hearings shall be fully informed
as to these matters when exercising their rights before state
agencies.
(2) Prior to the commencement of a contested case hearing
before any agency including those agencies identified in ORS
183.315, the agency shall serve personally or by mail a written
notice to each party to the hearing that includes the following:
(a) The time and place of the hearing.
(b) A statement of the authority and jurisdiction under which
the hearing is to be held.
(c) A statement that generally identifies the issues to be
considered at the hearing.
(d) A statement indicating that the party may be represented by
counsel and that legal aid organizations may be able to assist a
party with limited financial resources.
(e) A statement that the party has the right to respond to all
issues properly before the presiding officer and present evidence
and witnesses on those issues.
(f) A statement indicating whether discovery is permitted and,
if so, how discovery may be requested.
(g) A general description of the hearing procedure including
the order of presentation of evidence, what kinds of evidence are
admissible, whether objections may be made to the introduction of
evidence and what kind of objections may be made and an
explanation of the burdens of proof or burdens of going forward
with the evidence.
Enrolled Senate Bill 125 (SB 125-B) Page 1
(h) Whether a record will be made of the proceedings and the
manner of making the record and its availability to the parties.
(i) The function of the record-making with respect to the
perpetuation of the testimony and evidence and with respect to
any appeal from the determination or order of the agency.
(j) Whether an attorney will represent the agency in the
matters to be heard and whether the parties ordinarily and
customarily are represented by an attorney.
(k) The title and function of the person presiding at the
hearing with respect to the decision process, including, but not
limited to, the manner in which the testimony and evidence taken
by the person presiding at the hearing are reviewed, the effect
of that person's determination, who makes the final determination
on behalf of the agency, whether the person presiding at the
hearing is or is not an employee, officer or other representative
of the agency and whether that person has the authority to make a
final independent determination.
(L) In the event a party is not represented by an attorney,
whether the party may during the course of proceedings request a
recess if at that point the party determines that representation
by an attorney is necessary to the protection of the party's
rights.
(m) Whether there exists an opportunity for an adjournment at
the end of the hearing if the party then determines that
additional evidence should be brought to the attention of the
agency and the hearing reopened.
(n) Whether there exists an opportunity after the hearing and
prior to the final determination or order of the agency to review
and object to any proposed findings of fact, conclusions of law,
summary of evidence or recommendations of the officer presiding
at the hearing.
(o) A description of the appeal process from the determination
or order of the agency.
{ + (p) A statement that active duty servicemembers have a
right to stay proceedings under the federal Servicemembers Civil
Relief Act and may contact the Oregon State Bar or the Oregon
Military Department for more information. The statement must
include the toll-free telephone numbers for the Oregon State Bar
and the Oregon Military Department and the Internet address for
the United States Armed Forces Legal Assistance Legal Services
Locator website. + }
(3) The failure of an agency to give notice of any item
specified in subsection (2) of this section does not invalidate
any determination or order of the agency unless upon an appeal
from or review of the determination or order a court finds that
the failure affects the substantial rights of the complaining
party. In the event of such a finding, the court shall remand the
matter to the agency for a reopening of the hearing and shall
direct the agency as to what steps it shall take to remedy the
prejudice to the rights of the complaining party.
SECTION 2. { + (1) An agency that, prior to the effective date
of this 2013 Act, provided notice of rights under the federal
Servicemembers Civil Relief Act to each party to a contested case
under ORS 183.413 is not required to provide the specific
information described in ORS 183.413 (2)(p) in the notice so long
as the agency continues to provide notice in the same manner as
it was previously provided.
(2) An agency that, prior to the effective date of this 2013
Act, had preprinted forms used for providing notice under ORS
183.413 (2) is not required to provide the specific information
Enrolled Senate Bill 125 (SB 125-B) Page 2
required in ORS 183.413 (2)(p) until the supply of preprinted
forms has been exhausted. + }
SECTION 3. ORS 183.415 is amended to read:
183.415. (1) The Legislative Assembly finds that persons
affected by actions taken by state agencies have a right to be
informed of their rights and remedies with respect to the
actions.
(2) In a contested case, all parties shall be afforded an
opportunity for hearing after reasonable notice, served
personally or by registered or certified mail.
(3) Notice under this section must include:
(a) A statement of the party's right to hearing, with a
description of the procedure and time to request a hearing, or a
statement of the time and place of the hearing;
(b) A statement of the authority and jurisdiction under which
the hearing is to be held;
(c) A reference to the particular sections of the statutes and
rules involved;
(d) A short and plain statement of the matters asserted or
charged; { - and - }
(e) A statement indicating whether and under what circumstances
an order by default may be entered { + ; and
(f) A statement that active duty servicemembers have a right to
stay proceedings under the federal Servicemembers Civil Relief
Act and may contact the Oregon State Bar or the Oregon Military
Department for more information. The statement must include the
toll-free telephone numbers for the Oregon State Bar and the
Oregon Military Department and the Internet address for the
United States Armed Forces Legal Assistance Legal Services
Locator website + }.
SECTION 4. { + (1) An agency that, prior to the effective date
of this 2013 Act, provided notice of rights under the federal
Servicemembers Civil Relief Act to each party to a contested case
under ORS 183.415 is not required to provide the specific
information described in ORS 183.415 (2)(f) in the notice so long
as the agency continues to provide notice in the same manner as
it was previously provided.
(2) An agency that, prior to the effective date of this 2013
Act, had preprinted forms used for providing notice under ORS
183.415 (2) is not required to provide the specific information
required in ORS 183.415 (2)(f) until the supply of preprinted
forms has been exhausted. + }
SECTION 5. { + The amendments to ORS 183.413 and 183.415 by
sections 1 and 3 of this 2013 Act apply to notices served or
mailed on or after the effective date of this 2013 Act. + }
SECTION 6. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect September 1,
2013. + }
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Enrolled Senate Bill 125 (SB 125-B) Page 3
Passed by Senate April 25, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 22, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 125 (SB 125-B) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 125 (SB 125-B) Page 5
