Or. Admin. Code § 161-006-0180

Current through Register Vol. 63, No. 11, November 1, 2024

Section 161-006-0180 - Rules of Procedure in Contested Cases

(1) In addition to the requirements of the Attorney General's Model Rules of Procedure adopted by the Board, a party in a contested case must submit a written answer to the assertions or charges in the notice, to the Administrator, within thirty (30) days of the date of mailing of the Notice of Proposed Action or within sixty (60) days of the date of mailing of a Notice of Proposed Action for a denied application for license or certificate.

(a) A hearing request and answer shall be made in writing to the Administrator, by the party or the party's representative.

(b) An answer shall include the following:

(A) An admission or denial of each factual matter in the notice;

(B) A short and plain statement of each relevant affirmative defense the party may have.

(c) Except for good cause:

(A) Matters alleged in the notice and not denied in the answer shall be presumed admitted;

(B) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

(C) New matter alleged in the answer (affirmative defenses) shall be presumed to be denied; and

(D) Evidence shall not be taken on any issue not raised in the Notice and answer.

(2) If a request for a hearing is not made within the thirty (30) day or sixty (60) day period specified in subsection (1) of this rule, the party's right to a hearing is waived, and a default order will be issued against the party. A default order will also be entered if the party withdraws a hearing request or fails to appear at a scheduled hearing.

(3) Answers:

(a) Requests for an extension in which to file an answer to the notice shall be made in writing and directed to the Administrator within thirty (30) days of the date of service of a notice of proposed action or within sixty (60) days of the date of service of a proposed notice of denied application. Extensions for requesting a hearing are not allowed.

(b) Amendments to answers must be submitted in writing and filed with the Administrator no less than twenty-one (21) days prior to the contested case hearing.

Or. Admin. Code § 161-006-0180

ACLB 1-1995, f. & cert. ef. 2-13-96; ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02

Stat. Auth.: ORS 674.305 & ORS 674.310

Stats. Implemented: ORS 674