Oregon Agency Formal Hearings Flashcards
Rights Involved
Notice, Right to Counsel, Discovery, ExParte Contact Put On Record, Relaxed Rules of Evidence, Oral Argument, Right to Examine, Unbiased Decision Maker, Final Order, Substantial Evidence on Record to Support Decision, Judicial Review
Notice
Time, place of hearing; authority and jurisdiction; citations to statutes and rules involved; short statement of matters at issue.
Relaxed Rules of Evidence
Hearsay admissible, but if only evidence, may not constitute substantial evidence, especially when consequences of decision are great.
Emergency Susp of a Business License
OAPA allows pre-hearing suspection of license ONLY where it would be a danger to the public health or safety to allow business to keep license.
suspension order must be served personally or by registered/certified mail.