OAR 350-016-0080. Notice to Party Before Hearing of Rights and Procedure; Failure to Provide Notice

(1) At least 20 days prior to the commencement of a contested case hearing before the Gorge Commission, the Gorge Commission shall inform each party to the hearing of the following matters: (a) A statement of the party ‘s right to hearing, with a description of the procedure and time to request a hearing, or a statement of the time and place of the hearing; (b) A statement of the authority and jurisdiction under which the hearing is to be held; (c) A short and plain statement of the matters asserted or charged, and identifying the issues to be considered at the hearing; (d) A reference to the particular sections of the statutes and rules involved; (e) A statement indicating that the party may be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources; (f) A statement that the party has the right to respond to all issues properly before the Gorge Commission and present evidence and witnesses on those issues; (g) A statement indicating whether discovery is permitted and, if so, how discovery may be requested; (h) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence; (i) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties; (j) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the Gorge Commission; (k) Whether an attorney will represent the Gorge Commission in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney; (l) The title and function of the person presiding at the hearing and the members of the Gorge Commission with respect to the decision process, including the manner in which the testimony and evidence taken by the person presiding at the hearing are reviewed, the effect of that person’s determination, and whether that person has the authority to make a final independent determination; (m) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party’s rights; (n) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the Gorge Commission and the hearing reopened; (o) Whether there exists an opportunity after the hearing and prior to the final determination or order of the Gorge Commission to review and object to any proposed findings of fact, conclusions of law, summary of evidence or recommendations of conclusions of law, summary of evidence or recommendations of the officer presiding at the hearing; (p) A description of the appeal process from the determination or order of the Gorge Commission; and (q) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or Washington State Bar Association, or the Oregon Military Department or the Washington Military Department for more information. The statement must include the telephone numbers for those entities and the internet address for the United States Armed Forces Legal Assistance Legal Services Locator website. (2) The notice may be served on a party via electronic distribution with a party’s agreement.