183.425
Depositions or subpoena of material witness; discovery. (1) On petition of any party to a
contested case, or upon the agency’s own motion, the agency may order that the
testimony of any material witness may be taken by deposition in the manner
prescribed by law for depositions in civil actions. Depositions may also be
taken by the use of audio or audio-visual recordings. The petition shall set
forth the name and address of the witness whose testimony is desired, a showing
of the materiality of the testimony of the witness, and a request for an order
that the testimony of such witness be taken before an officer named in the
petition for that purpose. If the witness resides in this state and is
unwilling to appear, the agency may issue a subpoena as provided in ORS
183.440, requiring the appearance of the witness before such officer.
(2) An agency
may, by rule, prescribe other methods of discovery which may be used in
proceedings before the agency. [1971 c.734 §14; 1975 c.759 §11; 1979 c.593 §19;
1997 c.837 §6]
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1974–2021 · leading case:
Larsen v. Bd. of Parole, 138 P.3d 16 (Or. Ct. App. 2006).
Larsen v. Bd. of Parole, 138 P.3d 16 (Or. Ct. App. 2006).
· cites it 2× “415, providing for notice of a contested case proceeding; ORS 183.425 and ORS 183.440, providing for the deposition and subpoena of witnesses; and ORS 183.”
Campbell v. Bd. of Med. Examiners, 518 P.2d 1042 (Or. Ct. App. 1974).
· cites it 2× “We agree with the. Board that ORS 183.425, by necessary implication, permit's the hearing officer to issue commissions for the taking of out-of-state depositions.”
Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981).
“” ORS 183.425(2). The Board has adopted the Attorney General’s Model Rules of Procedure under the Act as its own rules of procedure.”
Ogden v. Bureau of Labor, 699 P.2d 189 (Or. 1985).
“*107 In petitioning for review of this issue, the commissioner first stated that “ordinary discovery rules” were applicable, but in a supplemental memorandum, the commissioner asserted that “ordinary rules of discovery” do not apply to administrative hearings, that depositions…”
Liu v. Portland State Univ., 383 P.3d 294 (Or. Ct. App. 2016).
“417 (contested case hearing procedures); ORS 183.425 (depositions, subpoenas, other methods of discovery in contested case); ORS 183.”
Oregon Bus. Plan. Council v. Dep't of Land Conservation, & Dev., 619 P.2d 1291 (Or. Ct. App. 1980).
“* * *” ORS 183.425(1): "On petition of any party to a contested case, the agency may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions.”
— Or. Rev. Stat. § 183.425(1) — 2 cases
Ogden v. Bureau of Labor, 699 P.2d 189 (Or. 1985).
“*107 In petitioning for review of this issue, the commissioner first stated that “ordinary discovery rules” were applicable, but in a supplemental memorandum, the commissioner asserted that “ordinary rules of discovery” do not apply to administrative hearings, that depositions…”
Oregon Bus. Plan. Council v. Dep't of Land Conservation, & Dev., 619 P.2d 1291 (Or. Ct. App. 1980).
“* * *” ORS 183.425(1): "On petition of any party to a contested case, the agency may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions.”
— Or. Rev. Stat. § 183.425(2) — 1 case
Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981).
“” ORS 183.425(2). The Board has adopted the Attorney General’s Model Rules of Procedure under the Act as its own rules of procedure.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.