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Oregon Bulletin

April 1, 2012

Department of Transportation, Chapter 731

Rule Caption: Interrogatories not allowed for certain types of ODOT contested case hearings.

Adm. Order No.: DOT 1-2012(Temp)

Filed with Sec. of State: 2-21-2012

Certified to be Effective: 2-21-12 thru 8-15-12

Notice Publication Date:

Rules Amended: 731-001-0005

Subject: The Oregon Attorney General’s office has adopted a rule, effective on January 31, 2012, that allows for particular discovery methods in all contested case hearings. The rule allows agencies to opt out of provisions of that rule if certain criteria are met. ODOT has determined that several, but not all, of its programs that utilize contested case hearings do meet that criteria and are opting out of the provision for interrogatories, for the reasons stated in the text of the proposed rule.

Rules Coordinator: Lauri Kunze—(503) 986-3171

731-001-0005

Model Rules of Procedure

(1) Pursuant to ORS 183.341, the Oregon Transportation Commission adopts the following portions of Oregon Administrative Rules chapter 137, effective January 31, 2012 as the general administrative procedural rules for the Oregon Transportation Commission and the Oregon Department of Transportation: division 1, division 2, division 3, division 4 and division 5, excluding OAR 137-003-0001 through 137-003-0092.

(2) Pursuant to ORS 184.616, ORS 184.619 and OAR 137-003-0566(2), the Oregon Department of Transportation is excluding interrogatories as a discovery device from contested cases for Motor Carrier Transportation Division, Driver and Motor Vehicle Services Division, and Highway Division for Access Management and Right-of-Way Relocation Benefits. The use of interrogatories in these types of cases will unduly complicate or interfere with the hearing process given the volume of cases and the need for informality. In addition, alternative discovery and alternative procedures for sharing relevant information are sufficient to ensure fundamental fairness in these types of proceedings.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Transportation.]

Stat. Auth.: ORS 183.341, 184.616 & 184.619
Stats. Implemented: ORS 183.341
Hist.: HC 1207, f. & ef. 10-9-69; HC 1245, f. & ef. 2-12-71; HC 1276, f. & 3-3-72, ef. 3-15-72; 1 OTC 1(Temp), f. & ef. 7-18-73; 1 OTC 2, f. & ef. 9-26-73; 1 OTC 3, f. 10-15-73, ef. 11-25-73; 1 OTC 68, f. & ef. 1-23-76; 1 OTC 3-1978, f. & ef. 3-29-78; 1 OTC 3-1980(Temp), f. & ef. 1-16-80; 1 OTC 7-1980, f. & ef. 3-28-80; 1 OTC 4-1981, f. & ef. 11-24-81; 1 OTC 1-1984, f. & ef. 1-6-84; 1 OTC 3-1986, f. & ef. 4-28-86; DOT 1-1988, f. & ef. 8-22-88; DOT 4-1990, f. & cert. ef. 8-14-90; DOT 1-1992, f. & cert. ef. 5-12-92; DOT 2-1994, f. & cert. ef. 3-17-94; DOT 2-1995, f. 11-21-95, cert. ef. 1-1-96; DOT 2-1997, f. & cert. ef. 12-23-97; DOT 2-2000, f. & cert. ef. 6-8-00; DOT 1-2002, f. & cert. ef. 1-17-02; DOT 2-2004, f. & cert. ef. 2-23-04; DOT 1-2006, f. & cert. ef. 1-24-06; DOT 1-2011, f. & cert. ef. 5-27-11; DOT 1-2012(Temp), f. & cert. ef. 2-21-12 thru 8-15-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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