Administrative Services Kate Brown, Governor 635 Capitol St NE Ste 100 Salem, OR 97301-2532 0 I. megon Department of Agriculture PESTICIDES PROGRAM TEL: 503-986-4635 CERTIFIED MAIL December i 2016 Deborah M. Phillips, registered agent for Chamberlin Agriculture, Inc. 718 State Street Hood River, Oregon 97031 Re: NOTICE OF IMPOSITION OF CIVIL PENALTY and ORDER, ODA PESTICIDES CASE NO. 160219 This is a Notice of Imposition of Civil Penalty and Proposed/Final Order that is based on a pesticide investigation conducted by the Pesticides Program of the Oregon Department of Agriculture. This NOTICE addresses violation of Oregon Revised Statutes (ORS) Chapter 634. The action is taken pursuant to statutory and regulatory provisions including but not limited to ORS Chapter 183, ORS 634.900 et seq, Oregon Administrative Rules (OAR) Chapter 137, Division 3, and OAR 603-057-0500 et seq. Also enclosed is information on contested case rights and procedures. This information is provided for your consideration should you select to contest the Notice and request an administrative hearing of this matter. Read all of the Notice carefully. If you request a hearing in this matter, your request for hearing must be made in writing to the Oregon Department of Agriculture so that it is received by the Department within ten business days of the date that you receive the NOTICE. If you do not request a hearing this Notice will become the Final Order, and the Final Order shall constitute a judgment. ?aws DALE L. MITCHELL PESTICIDES COMPLIANCE PROGRAM MANAGER OREGON DEPARTMENT OF AGRICULTURE Encl: Notice of Contested Case Rights and Procedures 183) STATE OF OREGON DEPARTMENT OF AGRICULTURE Before The Director of The Department of Agriculture In the Matter of: NOTICE OF IMPOSITION OF CIVIL PENALTY and ORDER, for Violation of the State Pesticide Control Act, ODA Pesticides Case No. 160219 Chamberlin Agriculture, Inc. a pesticide dealer The Director of the Oregon Department of Agriculture (ODA or the Department) hereby assesses a civil penalty in the amount of $1,221.00 against Chamberlin Agriculture, Inc. (Chamberlin Ag) as authorized by statutory and regulatory provisions including, but not limited to, ORS 634.900 to ORS 634.915 and OAR 603-057?0500 to 603-057-0532. The findings and conclusions on which this determination is based, and the criteria used to calculate the penalty, are set out below. I. APPLICABLE LAW 1. The applicable law includes the following: Oregon Revised Statutes (ORS) Chapters 60 (corporations), 183 (administrative law), 561 (agriculture), and 634 (pesticides); Oregon Administrative Rules (OAR) Chapter 137, Division 3 (contested case procedures); and OAR Chapter 603, Division 57 (pesticide control); Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code (USC) 136 et seq.; and 40 Code of Federal Regulations (CFR) Parts 152 through 180. 2. Oregon?s pesticide control law is known as the State Pesticide Control Act and is codified in ORS Chapter 634. 3. The Department is responsible for enforcing the Oregon State Pesticide Control Act and may make any rule necessary for enforcement of program requirements. ORS 561.020; ORS 561.190; ORS Chapter 634. 4. Oregon Administrative Rules (OAR) Chapter 603 Division 057 is entitled Pesticide Control and implements provisions of the State Pesticide Control Act, ORS Chapter 634. 5. ORS 634.006(8) states: ?Pesticide? includes: ?Defoliant' which means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission; ?Desiccant? which means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (0) ?Fungicide? which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus; ?Herbicide? which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed; 'Insecticide? which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever; ?Nematocide' which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes; (9) ?Plant regulator? which means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation or to Chamberlin Agriculture, Inc. Civil Penalty Page 2 of 8 otherwise alter the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; or Any substance, or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other form of plant or animal life which is, or which the department may declare to be a pest, which may infest or be detrimental to vegetation, humans, animals, or be present in any environment thereof." 6. ORS 634.006(22) states: ?Restricted-use pesticide? means any pesticide or device that the department has found and determined to be so injurious or detrimental to humans, pollinating insects, bees, animals, crops, wildlife, land or environment, other than the pests it is intended to prevent, destroy, control or mitigate, that additional restrictions are required." 7. ORS 634.006(11) states: ?Pesticide dealer? means a person who sells, offers for sale, handles, displays or distributes any pesticide classified by the department as a restricted?use or highly toxic pesticide." 8. ORS 634.006(15) states: "Private applicator' means an individual who uses or supervises the use of any pesticide, classified by the department as a restricted-use or highly toxic pesticide, for the purpose of producing agricultural commodities or forest crops on land owned or leased by the individual or the employer of the individual.? 9. ORS 634.006(9) states: ?Pesticide applicator? or ?applicator' means an individual who: Is spraying or applying pesticides for others; Is authorized to work for and is employed by a pesticide operator; and (C) Is in direct charge of or supervises the spraying or other application of pesticides or operates, uses, drives or physically directs propulsion of equipment, apparatus or machinery during the spraying or other application of pesticides, either on the ground or, if certified under ORS 634.128, by aircraft." 10. ORS Chapter 634 authorizes the Oregon Department of Agriculture to issue pesticide licenses, including licenses for dealers (ORS 634.136), applicators (ORS 634.122), and private applicators (ORS 634.142). 11. ORS 634.306(2) provides that ODA may: ?Establish and maintain classifications of the various pesticides and of the various pest control or pesticide application businesses in order to facilitate the licensing or certification and regulation of pesticide consultants, operators, applicators, private applicators and trainees. The department has established such classifications, or categories and subcategories, and has published them at OAR 603-057-0110 and 603-057-0115. 12. ORS 561.190 states: ?The State Department of Agriculture is authorized and directed to make any and all rules and regulations necessary for the administration or enforcement of any law with the administration or enforcement of which the department is charged, and not inconsistent with the authority with which the department is vested or with any such law. Such rules and regulations shall be compiled and printed in pamphlet form for distribution. The violation of any rule or regulation made by the department pursuant to this section shall be a violation of the law to which such rule or regulation applies and shall be punishable in the manner provided for violations of such law." 13. ORS 634.372(2) states: person may not As a pesticide applicator or operator, intentionally or willfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling, or as a pesticide consultant or dealer, recommend or distribute such pesticides.? Chamberlin Agriculture, Inc. Civil Penalty Page 3 of 8 14. ORS 634.900 et seq. authorizes ODA to impose civil penalties for violations of provisions of ORS Chapter 634. ORS 634.375 states: ?The State Department of Agriculture may suspend, revoke or refuse to renew a license, certi?cate or other authorization issued to a person under this chapter if the person fails to pay a civil penalty under ORS 634.900 on or before 90 days after the date that the order imposing the civil penalty becomes final by operation of law or on appeal.? 10. OAR 603-057-0500 et seq. provides formulae for calculating the civil penalties authorized by ORS 634.900. OAR states ?Civil penalties shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal. A person may pay a civil penalty before an order becomes final. Payment of a civil penalty before an order becomes final is an admission by the person of all of the allegations in the Notice of Imposition of Civil Penalty." 11. ORS Chapter 60 regulates corporations transacting business in Oregon. II. FINDINGS OF FACT ODA Pesticides Case No. 160219 1. This Notice and Order is the result of a pesticide dealer record inspection initiated by the Department in December 2015, at Chamberlin Ag?s store in The Dalles, Oregon. The purpose of the Dealer Record Inspection was to inspect licensing of customers who purchased Restricted Use Pesticides (RUP) from Chamberlin Ag, as well as records of sales of RUPs. The person in contact with ODA about this matter was Chamberlin Ag manager Grady Leiblein. 2. Chamberlin Agriculture, Inc. is a Washington business corporation with a principal place of business at 4151 Chelan Highway, Wenatchee, Washington, from where it is engaged in the business of providing agricultural products and services to growers in Washington and Oregon. These include the sale of agricultural pesticides in Oregon, through stores Chamberlin Ag operates in Oregon. One of these Oregon stores is the Chamberlin Ag store in The Dalles, Wasco County, Oregon (The Dalles store). Prior to February 23, 2015 Chamberlin Ag?s name was Chamberlin Distributing Company; February 23, 2015 was the date the name change was filed with the State of Washington Secretary of State. In this Notice ?Chamberlin Agriculture, Inc.? and ?Chamberlin Ag" both refer to the business before or after the February 2015. -. 3. The Dalles store is licensed by the Oregon Department of Agriculture as a Pesticide Dealer, license number AG-L1000605PD before 2015, and AG-L1034173PD since 2015. The first license was issued in March of 2006. 4. On December 17, 2015 ODA went to The Dalles store and initiated the dealer record inspection. The records reviewed documented the following sales of RUPs: Purchase date Purchaser Purchaser?s License, License subcategory Product Name expiration date as of or type purchased purchase date April 28, 2014 Alejandro AG-L0173778PAL, Private Danitol 2.4EC Rojas 12?31-2013 May 13, 2014 Taylor AG-L10308180PA, Agriculture Pocket Gopher Groetzinger 12-31-2014 insecticide/fungicide Bait August 13, 2014 Taylor AG-L10308180PA, Agriculture Quik-Quat Groetzinger 12-31-2014 insecticide/fungicide herbicide The RUPs referred to above were: Chamberlin Agriculture, Inc. Civil Penalty Page 4 of 8 Danitol 2.4 EC Spray insecticide-miticide, EPA Reg. No. 59639?35, Valent U.S.A. Corporation, Walnut Creek, California Pocket Gopher Bait Containing EPA Reg. No. 4271-17, Exerminators, lnc., Cheney, Washington Quik-Quat herbicide, EPA Reg. No. 19713-617, Drexel Chemical Company, Memphis, Tennessee The product labels of these RUPs state why they are restricted and restrict their sale to appropriately certified (licensed) pesticide applicators. 5. According to the records of ODA and of Chamberlin Ag: During the April 28, 2014 sale of an RUP to Alejandro Rojas, Mr. Rojas had no current and valid applicator license. During the May 13, 2014 sale of a rodenticidal RUP to Taylor Groetzinger, Mr. Groetzinger's Commercial Pesticide Applicator (CPA) license included the Agricultural category but did not include the vertebrate control subcategory. During the August 13, 2014 sale of an herbicidal RUP to Mr. Groetzinger, his CPA license did not have the herbicide subcategory. ULTIMATE FINDINGS OF FACT 1. Chamberlin Ag, through The Dalles store, sells and distributes agricultural products and services, including restricted use pesticides, to Oregon agricultural growers and applicators. 2. During 2013 through 2015 The Dalles store, as an Oregon-licensed Pesticide Dealer, kept records on their sales of RUPs. In December of 2015 ODA reviewed these records and found that they documented at least three occasions during 2014 when Chamberlin Ag sold or distributed an RUP to an individual who did not have a valid applicator license, or who had a CPA license without the required subcategory. and Chamberlin Ag?s records indicate that these purchasers, at the times of these sales, had no other applicator licenses. 3. Product labels of RUPs restrict their sale to apprOpriately certified (licensed) pesticide applicators. These ultimate findings of fact are based on the findings of fact. IV. CONCLUSION OF LAW The Oregon Department of Agriculture determines that Chamberlin Ag violated Oregon Revised Statutes (ORS) Chapter 634 as follows: VIOLATION NOS. 1 THROUGH 3 Chamberlin Agriculture, Inc. violated ORS which states A person may not: As a pesticide applicator or operator, intentionally or willfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling, or as a pesticide consultant or dealer, recommend or distribute such pesticides. During 2014 Chamberlin Ag (then named Chamberlin Distributing Company), as an Oregon- licensed Pesticide Dealer, sold Restricted Use Pesticides to individuals who were involved in the production of agricultural commodities. The pesticide labels for Restricted Use Pesticides limit sales to only certified (licensed) pesticide applicators. The Oregon Department of Agriculture has no records that these individuals were appropriately licensed at the time Chamberlin Ag distributed the listed RUPs to them: Chamberlin Agriculture, Inc. Civil Penalty Page 5 of 8 Purchase date Purchaser Purchaser?s License, License subcategory Product Name expiration date as of or type purchased purchase date April 28, 2014 Alejandro AG-L0173778PAL, Private Danitol 2.4EC Rojas 12-31-2013 May 13, 2014 Taylor AG-L1030818CPA, Agriculture Pocket Gopher Groetzinger 12-31-2014 insecticide/fungicide Bait August 13, 2014 Taylor AG-L1030818CPA, Agriculture Quik-Quat Groetzinger 12-31-2014 insecticide/fungicide herbicide The RUPs referred to here are Danitol 2.4 EC Spray insecticide-miticide (EPA Reg. No. 59639-35), Pocket Gopher Bait (EPA Reg. No. 4271-17), and Quik-Quat herbicide (EPA Reg. No. 19713-617). The product labels of these RUPs restrict their sale to appropriately certified (licensed) pesticide applicators. During the April 28, 2014 sale of an RUP to Alejandro Rojas, Mr. Rojas had no current and valid applicator license. During the May 13, 2014 sale of a rode'nticidal RUP to Taylor Groetzinger, Mr. Groetzinger?s Commercial Pesticide Applicator (CPA) license included the Agricultural category but did not include the vertebrate control subcategory. During the August 13, 2014 sale of an herbicidal RUP to Mr. Groetzinger, his CPA license did not have the herbicide subcategory. ODA has found no indication that during these RUP sales the purchasers had any other applicator licensing. These three sales of pesticide products to inappropriately licensed purchasers, contrary to the product labels, were pesticide sales made inconsistent with the product labels, constituting three violations of ORS designated as Violation Nos. 1 through 3. This conclusion is based on the findings of fact and ultimate findings of fact. V. PENALTY The penalty for Violation Nos. 1 through 3 is $1,221.00. The penalty is determined using the criteria in OAR 603-057-0525 to 603-057?0530. NB NB) 1 $370.00 $407.00 $407.00 3 violations $1,221.00 1. N, the number of related violations within a period of three years prior to and including the date of the current violative act, is 1; OAR 2. B, the base penalty is $370.00; OAR follows: The base penalty was determined as a. The is CATEGORY i (MAJOR) under OAR b. The GRAVITY is HIGH LEVEL because the pesticides involved were designated as restricted use pesticides; OAR 3. P, the past occurrence of unrelated violations is 0 (zero) because there were no violations in the previous three years; OAR Chamberlin Agriculture, Inc. Civil Penalty Page 6 of 8 4. H, the history of taking steps to correct a violation is 0 (zero) because there is insufficient information on which to base a finding; OAR 5. R, preventability of the violation and the presence of negligence or misconduct is 3 because the actions by Chamberlin Ag determined to be violative were reasonably avoidable; OAR 603-057- 0530(1)(e)(C). At the time of the RUP sales, Chamberlin Ag had been operating multiple pesticide dealerships for some years and was aware that RUPs could only be lawfully sold to appropriately licensed purchasers. 6. C, cooperativeness is ?2 (negative OAR Chamberlin Ag and its representatives were cooperative and readily provided information to the Department regarding the RUP sales. Any final order regarding this Notice of Imposition of Civil Penalty will become a part of Chamberlin Ag?s history for a period of three years. Any future violations of ORS Chapter 634 or OAR Chapter 603, Division 057 within the next three years will subject Chamberlin Ag to additional enforcement actions including, but not limited to, civil penalties, product seizure, or license revocation. VI. RIGHT TO A HEARING You are entitled to a contested case hearing as provided by statues and rules including, but not limited to: ORS Chapter 183, including 183.413 to 183.470, and ORS 183.745; OAR Chapter 137, Division 3, including OAR 137-003-0501 to 137-003-0700; ORS 634.905; and OAR Chapter 603, Division 57. The request for a hearing must be made in writing to the Department within ten business days of the date that you receive the OAR The request should be made to the attention of: Michael Babbitt Pesticides Program, Oregon Department of Agriculture 635 Capitol Street NE Salem, Oregon 97301-2532 If you make a timely request for a hearing you will be notified of the date, time and place of such hearing. You will also be given information on the procedures, right of representation and other rights of parties relating to the conduct of the hearing before commencement of the hearing. An administrative law judge from the Office of Administrative Hearings will preside at any hearing. The Director of the Department has authority to issue the final order. If the recipient of the enforcement notice is a corporation, partnership, limited liability company, unincorporated association, trust, or other entity that is not a natural person or individual, it must be represented in the contested case process by an attorney unless otherwise authorized by law. Furthermore, the attorney representing such a corporation or other entity must ratify the request for hearing, in writing, within 28 days of the date that the request is received by the agency; OAR 137-003-0550. This provision does not, however, require any entity to be represented by an attorney at any informal conference. Individuals may but are not required to be represented by counsel. The state will not provide legal counsel in administrative cases such as this, but private legal aid organizations may be able to assist a person with limited financial resources. VII. FINAL ORDER If you do not make a timely request for a hearing, you will waive your right to request a hearing and this order will become final and effective 10 (ten) business days after it is served on you; OAR Chamberlin Agriculture, Inc. Civil Penalty Page 7 of 8 If you request a hearing but later fail to appear at the hearing, withdraw the request for a hearing, or notify the agency or administrative law judge that you will not appear at the hearing and it is not rescheduled, you will waive your right to a hearing and this order will become final; OAR In these circumstances, the Department will mail you a notice stating when this order became final. The Department has designated the relevant portions of its files on the subject of this matter, including all materials that you have submitted relating to this matter, as the record in this case for the purpose of proving a prima facie case upon default. If this order becomes final, the Department will issue a judgment against you and a civil penalty in the amount set out in this Notice will become due and payable 70 (seventy) days after the order becomes final. ORS 183.745. Your check or money order should be made payable to the Oregon Department of Agriculture and sent to: Oregon Department of Agriculture 635 Capitol Street NE Salem, Oregon 97301-2532 When any final order regarding this Notice becomes final you will have the right to appeal the order to the Oregon Court of Appeals pursuant to ORS 183.482. To appeal you must file a petition for judicial review with the Court of Appeals within 60 days from the date this order becomes final. If you do not file a petition forjudicial review within this time period you will lose your right to appeal. 4A DATED this \5 day of cem 2016 (4557!. ftc?/ 64? ISA CHARPILLOZ HANSO ACTING DIRECTOR OREGON DEPT. OF AGRICULTURE NOTE: Copies of the Department?s investigation report will be provided upon request. The request must be made in writing. There may be a monetary charge for some reports. The written request should be made to: Oregon Department of Agriculture, Pesticides Program, Andrea Sonnen, 635 Capitol Street NE, Salem, Oregon 97301?2532. NOTICE TO ACTIVE DUTY SERVICEMEMBERS: Active duty servicemembers have a right to stay these proceedings under the federal Servicemembers Civil Relief Act. For more information contact the Oregon State Bar at 800-452-8260, the Oregon Military Department at 800-452-7500, or the nearest United States Armed Forces Legal Assistance Office through Chamberlin Agriculture, Inc. Civil Penalty Page 8 of 8 CHAMBERLIN AGRICULTURE, INC. Oregon Department of Agriculture, Pesticides Case No. 160219 Notice of Contested Case Rights and Procedures Pursuant to ORS you are entitled to be informed of the following: 1. Time and place of hearing. The time and place of hearing is or will be set forth in the Notice of Hearing issued by the Administrative Law Judge (ALJ) after the prehearing conference. Issues to be considered at hearing. The issues to be considered at hearing are those set forth in the notice issued by the Oregon Department of?grioulture (ODA), entitled Notice of imposition of Civil Penalty and Proposed/Final Order (NICP), and dated Dar. ember 20:6, and those issues related thereto that are properly before the presiding officer to this proceeding. Law that applies. The matter set for hearing is a contested case. The hearing will be conducted as provided in Chapter 183 and 634 of the Oregon Revised Statutes the administrative rules of the ODA, OAR 603-057-0500 through 603- 057-0515, and the Attorney General?s Office of Administrative Hearing Rules, OAR 137-003-0501 to 137-003-0700. Other laws involved include: ORS Chapters 561, 570, and 616; additional rules of the ODA, OAR 603-057; Title 7, Chapter 6, Subchapter ll of the United States Code; and Title 40, Parts 152, 156.:and 180 of the Code of Federal Regulations. Right to attorney. You may be represented by an attorney at the hearing. Most persons are represented by counsel for hearings involving ORS 634. You are not required to be represented by counsel, unless you are a corporation, LLC, partnership, etc, in which case you are required to be represented by an attorney at the hearing, and more immediately, your request for a hearing must be rati?ed by an attorney within 28 days of the agency's receipt of the request, OAR 137- 003-0550. If you are not represented at the hearing and during the hearing you determine that representation by an attorney is necessary, you may request a recess to allow you an opportunity to secure the services of an attorney. The hearing ALJ will decide whether to grant such a request. The ODA will be represented by an attorney. Legal aid organizations may be able to assist a party with limited ?nancial resources. Administrative Law Judge. The person presiding at the hearing is known as the administrative law judge (ALJ). The ALJ will rule on all matters that arise at the hearing, subject to agency consideration of matters transmitted for agency decision under OAR 137-003-0635 or matters subject to agency review under OAR 137?003-0640 or OAR 137-003-0570. The ALJ will be assigned by the Chief ALJ from the Of?ce of Administrative Hearings (OAH). The OAH consists of employees of, and independent contractors with, the Chief ALJ. The ALJ does not have the authority to make the ?nal decision in the case. The ?nal determination will be made by the Director of the ODA. Discovery. If the agency or the ALJ authorizes discovery, the agency or the ALJ shall control the methods, timing and extent of discovery. Discovery is permitted in this proceeding. Discovery is permitted as provided in OAR 137-003-0570, OAR 137-003-0572, and OAR 137-003-0573. Witnesses. A witness must testify under oath or af?rmation to tell the truth. The ODA or the ALJ will issue subpoenas for witnesses on your behalf upon a showing that their testimony is relevant to the case and is reasonably needed by you to establish your position. If you are represented by an attorney, your attorney may issue subpoenas for attendance of witnesses at hearing. Payment of witness fees and mileage to the person subpoenaed is your responsibility. Order of evidence. A hearing is similar to a court proceeding but is less formal. Its general purpose is to determine the facts and whether the ODA's proposed action is appropriate. The order of presentation of evidence is normally as follows: a. Testimony of witnesses and other evidence of the ODA in support of its proposed action. b. Testimony of your witnesses and your other evidence. 0. Rebuttal evidence by the ODA and by you. Burden of presenting evidence. The burden of presenting evidence to support an allegation or position rests upon the proponent of the allegation or position. If you have the burden of proof on an issue, or if you intend to present evidence on an issue in which the agency has the burden of proof, you should approach the hearing prepared to present the testimony of witnesses, including yourself, and other evidence that will support your position. All witnesses are subject to cross- examination and also to questioning by ALJ. Notice of Contested Case Rights and Procedures Page 1 10. 11. 12. 13. 14. 15. 16. 17. Admissible evidence. Relevant evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs is admissible and will be received. Hearsay evidence is not automatically excluded. Rather, the fact that it is hearsay generally affects how much reliance the ALJ and the Director of the ODA will place on it in reaching a decision. There are four kinds of evidence: a. Knowledge of the agency or ALJ. The agency or ALJ may take "official notice" of facts based on the agency?s or ALJ's knowledge in a specialized field. This includes notice of general, technical or scienti?c facts. The agency or ALJ may also take ?judicial notice" of a fact that is not subject to reasonable dispute in that it is generally known or is capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. You will be informed if the agency or ALJ takes "official notice" or "judicial notice" of any fact and you will be given an opportunity to contest any facts so noticed. b. Testimony of witnesses. Testimony of witnesses, including you, who have knowledge of the facts may be received in evidence. c. Writings. Written documents including letters, maps, diagrams and other written material may be received in evidence. d. Experiments, demonstrations and similar means used to prove a fact. The results of experiments and demonstrations may be received in evidence. Objections to evidence. Objections to the admissibility of evidence must be made at the time the evidence is offered. Objections are generally made on one of the following grounds: a. The evidence is unreliable; b. The evidence is irrelevant or immaterial and has no tendency to prove or disprove any issue involved in the case; 0. The evidence is unduly repetitious and duplicates evidence already received. Continuances. There are normally no continuances granted at the end of the hearing for you to present additional testimony or other evidence. However, if you can show that the record should remain open for additional evidence, the ALJ may grant you additional time to submit such evidence. Record. A record will be made of the entire proceeding to preserve the testimony and other evidence for appeal. This may be done by use of a tape or digital recorder or court reporter. The record is generally not transcribed, unless there is an appeal to the Court of Appeals. However, you may obtain a copy of the tape recording upon payment of the costs of making a copy of the tape. If a court reporter is used, you may obtain a transcript or a copy of the court reporter?s transcript upon payment of a transcription fee or other fee that the parties may agree upon. Proposed Order and Exceptions. The ALJ will issue a proposed order in the form of ?ndings of fact, conclusions of law and recommended agency action. You will be provided with a copy and you will be given an opportunity to make written objections, called "exceptions," to the recommendations. You will be noti?ed when exceptions to the proposed order must be ?led. You will be noti?ed when you may appear and make oral argument to the agency. Final Order. The agency will render the ?nal order in this case. The agency may modify the proposed order issued by the ALJ. If the agency modi?es the proposed order in any substantial manner, the agency in its order will identify the modi?cations and will provide an explanation as to why the agency made the modi?cations. The agency may modify a proposed ?nding of ?historical" fact only if the proposed finding is not supported by a preponderance of the evidence in the record. Appeal. If you wish to appeal the final order, you must ?le a petition for judicial review with the Oregon Court of Appeals within 60 days after the ?nal order is served upon you. See Oregon Revised Statutes 183.482. Notice to Active Duty Servicemembers. Active duty servicemembers have a right to stay these proceedings under the federal Servicemembers Civil Relief Act. For more information contact the Oregon State Bar at 800-452-8260, the Oregon Military Department at 800-452-7500, or the nearest United States Armed Forces Legal Assistance Of?ce through Notice of Contested Case Rights and Procedures Page 2