69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
SA to A-Eng. HB 2320
LC 1625/HB 2320-A7
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2320
By COMMITTEE ON RULES AND ELECTIONS
June 19
On page 1 of the printed A-engrossed bill, line 2, delete '
and'.
In line 3, delete 'and 183.502' and insert ', 183.502 and
508.941; repealing sections 27, 28 and 29, chapter ___, Oregon
Laws 1997 (Enrolled House Bill 2948); and declaring an
emergency'.
On page 3, after line 29, insert:
{ + ' SECTION 3a. If House Bill 2948 becomes law, section 28,
chapter ___, Oregon Laws 1997 (Enrolled House Bill 2948)
(amending ORS 183.440), is repealed and ORS 183.440, as amended
by section 3 of this Act, is amended to read: + }
' 183.440. (1) { - An agency - } { + The hearing
officer + } may issue subpoenas { + and subpoenas duces
tecum + } on { - its - } { + the hearing officer's + } own
motion in a contested case. In addition, { - an agency - }
{ + the hearing officer + } may issue subpoenas { + and
subpoenas duces tecum + } upon the request of a party to a
contested case upon a showing of general relevance and reasonable
scope of the evidence sought. A party { - , other than the
agency, - } entitled to have witnesses on behalf of the party
may have subpoenas issued by an attorney of record of the party,
subscribed by the signature of the attorney. Witnesses appearing
pursuant to subpoena, other than the parties or officers or
employees of the agency, shall receive fees and mileage as
prescribed by law for witnesses in ORS 44.415 (2).
' (2) If any person fails to comply with any subpoena so issued
or any party or witness refuses to testify on any matters on
which the party or witness may be lawfully interrogated, the
judge of the circuit court of any county, on the application of
the { - agency or of a designated representative of the
agency - } { + hearing officer + } or of the party requesting
the issuance of or issuing the subpoena, shall compel obedience
by proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from such court or a refusal to
testify therein.'.
After line 38, insert:
{ + ' SECTION 4a. If House Bill 2948 becomes law, section 29,
chapter ___, Oregon Laws 1997 (Enrolled House Bill 2948)
(amending ORS 183.445), is repealed and ORS 183.445, as amended
by section 4 of this Act, is amended to read: + }
' 183.445. (1) In any proceeding before an agency not subject
to ORS 183.440 in which a party { - , other than the agency, - }
is entitled to have subpoenas issued by the { - agency - }
{ + hearing officer + } for the appearance of witnesses on
behalf of the party, a subpoena may be issued by an attorney of
record of the party, subscribed by the signature of the attorney.
A subpoena issued by an attorney of record may be enforced in the
same manner as a subpoena issued by the { - agency - } { +
hearing officer + }.
' (2) In any proceeding before an agency not subject to ORS
183.440 in which a party { - other than the agency - } is
entitled to have subpoenas issued by the { - agency - } { +
hearing officer + } to compel the appearance of witnesses on
behalf of the party, the { - agency - } { + hearing
officer + } may issue subpoenas on { - its - } { + the
hearing officer's + } own motion.'.
On page 4, after line 19, insert:
{ + ' SECTION 6a. If House Bill 2948 becomes law, section 27,
chapter ___, Oregon Laws 1997 (Enrolled House Bill 2948)
(amending ORS 183.425), is repealed and ORS 183.425, as amended
by section 6 of this Act, is amended to read: + }
' 183.425. (1) On petition of any party to a contested case, or
upon the { - agency's - } { + hearing officer's + } own
motion, the { - agency - } { + hearing officer + } 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 - } { + hearing officer + } 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. - }
' { + (2) The hearing officer, at the request of any party or
upon the hearing officer's own motion, may issue protective
orders and orders for discovery in accordance with the rules
applicable to the hearing. + } ' .
On page 5, after line 19, insert:
' { + SECTION 9. + } ORS 508.941 is amended to read:
' 508.941. (1) The system established under ORS 508.921 shall
include any other provisions for participation that the State
Fish and Wildlife Commission considers appropriate.
' (2) Any determination by the commission regarding the
eligibility of a vessel to participate in the ocean Dungeness
crab commercial fishery or to transfer participation rights is
subject to review by the Commercial Fishery Permit Board, in
accordance with ORS 183.310 to 183.550. The board may waive the
eligibility requirements contained in ORS 508.931 if the board
finds that the individual fails to meet the requirements as the
result of illness, fire, sinking, accident or other circumstances
beyond the individual's control. In making a determination of
eligibility under this section, the board shall consider the
applicant's history of participation in the Oregon ocean
Dungeness crab fishery. { + If a vessel for which application is
made is owned by a person who has served in the Armed Forces of
the United States and the person establishes that a
service-related disability prevented the person from lawfully
landing crab in two seasons during the prescribed time period,
there is a rebuttable presumption in favor of issuing an illness
waiver for one of the two seasons of lawfully landing crab in
Oregon required under ORS 508.931 so as to require the landing of
crab in only one season during the prescribed time period. The
rebuttable presumption created by this subsection may be overcome
only by clear and convincing evidence that the service-related
disability of the person did not prevent the person from lawfully
landing crab in two seasons during the prescribed time
period. + } Orders issued by the board are not subject to review
by the commission, but may be appealed as provided in ORS 183.480
to 183.550.
' (3) A commercial fishing vessel that holds a valid Washington
or California permit to fish for ocean Dungeness crab shall be
eligible to participate in the Oregon ocean Dungeness crab
fishery provided there is reciprocal statutory authority in
Washington or California that provides for equal access for
vessels holding Oregon ocean Dungeness crab permits to Washington
or California coastal waters and Washington waters of the
Columbia River. If such reciprocal statutory authority exists, a
vessel licensed by Washington or California is eligible to
participate in accordance with rules that establish reciprocal
border agreements that recognize traditional fishing patterns.
' (4) The annual fee to participate in the ocean Dungeness crab
fishery is $75, except that the fee for 1995 is waived.
' { + SECTION 10. + } { + The amendments to ORS 508.941 by
section 9 of this Act apply to an application for a permit made
before the effective date of this Act if a final administrative
and judicial determination has not been made on the application
as of the effective date of this Act. + }
' { + SECTION 11. + } { + This Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Act takes effect on its
passage. + } ' .
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