Department of Justice
Chapter 137
Division 3
MODEL RULES OF PROCEDURE FOR CONTESTED CASES
137-003-0530
Late Filing and Amendment of Documents
(1) Unless otherwise provided by law, when a party or agency fails to file any document for the contested case proceeding, except a hearing request, within the time specified by agency rules or these rules of procedure, the late filing may be accepted if the agency or administrative law judge determines that there was good cause for failure to file the document within the required time.
(2) The decision whether a late filing will be accepted shall be made:
(a) By the agency if OAR 137-003-0520 requires the document to be filed with the agency; or
(b) By the administrative law judge if OAR 137-003-0520 requires the document to be filed with the Office of Administrative Hearings or the assigned administrative law judge.
(3) The agency or administrative law judge may require a statement explaining the reasons for the late filing.
(4) Notwithstanding any other provision of these rules, after the notice required by ORS 183.415 is issued:
(a) An agency may issue an amended notice:
(A) Before the hearing; or,
(B) During the hearing, but before the evidentiary record closes, if the administrative law judge determines that permitting the amendment will not unduly delay the proceeding or unfairly prejudice the parties.
(b) If an agency issues an amended notice, any party may obtain, upon request, a continuance determined to be reasonably necessary to respond to any new material contained in the amended notice. This subsection ((4)(b)) does not apply to implied consent proceedings conducted pursuant to ORS Chapter 813. The amendments to subsection (4) of this rule apply to all notices issued after January 31, 2012.
(5) Unless otherwise provided by law, when a party or agency files any document for the contested case proceeding, the agency or the administrative law judge may permit the party or agency to file an amended document if the agency or administrative law judge determines that permitting the amendment will not unduly delay the proceeding or unfairly prejudice the parties or the agency.
(6) The decision whether an amended document will be accepted shall be made:
(a) By the agency if OAR 137-003-0520(2) requires the document to be filed with the agency; or
(b) By the administrative law judge if OAR 137-003-0520(2) requires the document to be filed with the Office of Administrative Hearings or the assigned administrative law judge.
(7) The agency or administrative law judge may require a statement explaining the reasons for the amendment.
Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341 & 183.630
History:
DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12
DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04
DOJ 7-2003, f. 7-11-03, cert. ef. 7-21-03
DOJ 9-2001, f. & cert. ef. 10-3-01
DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00