OAR 137-003-0665
Final Orders in Contested Cases


(1)

Final orders in contested cases shall be in writing.

(2)

Except as provided in section (5) of this rule, all final orders in contested cases shall include the following:

(a)

Each of the elements identified in OAR 137-003-0645 (Proposed Orders in Contested Cases)(3)(a)–(h),

(b)

An Order stating the action taken by the agency as a result of the facts found and the legal conclusions arising there from; and

(c)

A citation of the statutes under which the order may be appealed.

(3)

If the agency modifies the proposed order issued by the administrative law judge in any substantial manner, the agency must identify the modification and explain to the parties why the agency made the modification. For purposes of this provision, an agency modifies a proposed order in a “substantial manner” when the effect of the modification is to change the outcome or the basis for the order or to change a finding of fact.

(4)

The agency may modify a finding of historical fact made by the administrative law judge only if the agency determines that there is clear and convincing evidence in the record that the finding made by the administrative law judge was wrong. For purposes of this provision, an administrative law judge makes a finding of historical fact if the administrative law judge determines that an event did or did not occur in the past or that a circumstance or status did or did not exist either before the hearing or at the time of the hearing.

(5)

When informal disposition of a contested case is made by stipulation, agreed settlement or consent order as provided in OAR 137-003-0510 (Rights of Parties in Contested Cases)(4), the final order need not comply with section (2) of this rule. However, the order must state the agency action and:

(a)

Incorporate by reference a stipulation or agreed settlement signed by the party or parties agreeing to that action; or

(b)

Be signed by the party or parties; and

(c)

A copy must be delivered or mailed to each party and the attorney of record for each party that is represented.

(6)

The final order shall be served on each party and, if the party is represented, on the party’s attorney.

(7)

The date of service of the final order on the parties or, if a party is represented, on the party’s attorney shall be specified in writing and be part of or be attached to the order on file with the agency, unless service of the final order is not required by statute.

Source: Rule 137-003-0665 — Final Orders in Contested Cases, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0665.

137‑003‑0000
Applicability of Rules in OAR 137, Division 3
137‑003‑0001
Contested Case Notice
137‑003‑0002
Rights of Parties in Contested Cases
137‑003‑0003
Late Filing
137‑003‑0005
Participation as Party or Limited Party
137‑003‑0007
Agency Participation as Interested Agency or Party
137‑003‑0008
Authorized Representative in Designated Agencies
137‑003‑0010
Emergency License Suspension, Refusal to Renew
137‑003‑0015
Use of Collaborative Dispute Resolution in Contested Cases Hearing
137‑003‑0025
Discovery in Contested Cases Hearing
137‑003‑0035
Prehearing Conferences
137‑003‑0036
Individually Identifiable Health Information
137‑003‑0037
Qualified Interpreters
137‑003‑0040
Conducting Contested Case Hearing
137‑003‑0045
Telephone Hearings
137‑003‑0050
Evidentiary Rules
137‑003‑0055
Ex Parte Communications
137‑003‑0060
Proposed Orders in Contested Cases, Filing Exceptions
137‑003‑0070
Final Orders in Contested Cases
137‑003‑0075
Final Orders by Default
137‑003‑0080
Reconsideration and Rehearing — Contested Cases
137‑003‑0090
Stay Request
137‑003‑0091
Intervention in Stay Proceeding
137‑003‑0092
Stay Proceeding and Order
137‑003‑0501
Rules for Office of Administrative Hearings
137‑003‑0505
Contested Case Notice
137‑003‑0510
Rights of Parties in Contested Cases
137‑003‑0515
Agency Referral to Office of Administrative Hearings
137‑003‑0520
Filing and Providing Copies of Documents in Contested Case
137‑003‑0525
Scheduling Hearings
137‑003‑0528
Late Hearing Requests
137‑003‑0530
Late Filing and Amendment of Documents
137‑003‑0535
Participation as Party or Limited Party
137‑003‑0540
Agency Participation as Interested Agency or Party
137‑003‑0545
Representation of Agency by Attorney General or Agency Representative
137‑003‑0550
Representation of Parties
137‑003‑0555
Authorized Representative of Parties Before Designated Agencies
137‑003‑0560
Emergency License Suspension, Refusal to Renew
137‑003‑0565
Use of Collaborative Dispute Resolution in Contested Case Hearing
137‑003‑0566
Discovery in Contested Case Hearing — Methods
137‑003‑0567
Discovery in Contested Case Hearing — Standard
137‑003‑0568
Discovery in Contested Case Hearing — Procedure
137‑003‑0569
Discovery in Contested Case Hearing — Enforcement
137‑003‑0572
Depositions in Contested Cases
137‑003‑0573
Individually Identifiable Health Information
137‑003‑0575
Prehearing Conferences
137‑003‑0580
Motion for Summary Determination
137‑003‑0585
Subpoenas
137‑003‑0590
Qualified Interpreters
137‑003‑0595
Public Attendance
137‑003‑0600
Conducting the Contested Case Hearing
137‑003‑0605
Telephone Hearings
137‑003‑0610
Evidentiary Rules
137‑003‑0615
Judicial Notice and Official Notice of Facts
137‑003‑0625
Ex Parte Communications with Administrative Law Judge
137‑003‑0630
Motions
137‑003‑0635
Transmittal of Questions to the Agency
137‑003‑0640
Immediate Review by Chief Administrative Law Judge
137‑003‑0645
Proposed Orders in Contested Cases
137‑003‑0650
Exceptions to Proposed Order
137‑003‑0655
Further Hearing and Issuance of Final Order
137‑003‑0660
Ex Parte Communications to Agency during Review of Contested Case
137‑003‑0665
Final Orders in Contested Cases
137‑003‑0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default
137‑003‑0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing
137‑003‑0675
Reconsideration and Rehearing — Contested Cases
137‑003‑0690
Stay Request — Contested Case
137‑003‑0695
Intervention in Stay Proceeding
137‑003‑0700
Stay Proceeding and Order
Last Updated

Jun. 8, 2021

Rule 137-003-0665’s source at or​.us