Or. Admin. Code § 165-001-0034

Current through Register Vol. 63, No. 10, October 1, 2024

Section 165-001-0034 - Notarized Testimony in lieu of Hearing

(1) If a party wishes to contest the allegations in the charging document, but does not wish to request an in person or telephone hearing, the party may submit notarized testimony in lieu of a hearing.

(2) The notarized testimony must be filed with the Agency not later than the deadline to request a hearing stated in the charging document.

(3) The notarized testimony must:

(a) Include an admission or denial of each factual matter alleged in the charging document and a statement of each relevant defense to the allegations, including any relevant mitigating circumstance. A general denial is not sufficient. Notarized testimony not including the information required by this rule may be disregarded and a notice of default may be issued in accordance with OAR 165-001-0025 as if no notarized testimony had been filed.

(b) Include a signed and completed Hearing Request Form.

(c) Be notarized by a commissioned Notary Public.

(4) After the party submits notarized testimony, the Agency may submit notarized testimony and any exhibits to the Office of Administrative Hearings (OAH) and to the individual who submitted notarized testimony. If the Agency submits notarized testimony, it will be transmitted via email to the party and via the OAH hearing portal to OAH. The Agency may mail its notarized testimony to the party's last known address if the party's email address is unknown or the e-mail is returned as undeliverable.

(5) The party may, but is not required to, respond to the Agency testimony by submitting rebuttal notarized testimony.

(a) Rebuttal notarized testimony is limited to issues raised in the original notarized testimony and the Agency's testimony.

(b) Rebuttal notarized testimony must be notarized by a commissioned Notary Public.

(c) The rebuttal notarized testimony must be received by the Agency not later than five business days from the date of service of the Agency's testimony (the date the testimony was e-mailed or mailed). The rebuttal testimony may be hand-delivered, mailed, faxed or attached to an email and sent to orestar-support.sos@oregon.gov.

(d) The notarized testimony hearing record is deemed closed the day after the deadline for the person to submit rebuttal testimony.

(6) If a person submits notarized testimony in lieu of requesting an in person or telephone hearing, the person is waiving their right to an in person or telephone hearing.

(7) The deadline to issue a final order when notarized testimony is submitted in lieu of an in-person or telephone hearing is not later than 90 days after the hearing record is closed.

Or. Admin. Code § 165-001-0034

ELECT 7-2011, f. & cert. ef. 4-8-11; ELECT 1-2012, f. & cert. ef. 1-3-12; ELECT 15-2015, f. 12-31-15, cert. ef. 1/1/2016; ELECT 3-2016, f. & cert. ef. 7/6/2016; ELECT 4-2018, amend filed 01/03/2018, effective 1/3/2018; ELECT 14-2018, amend filed 08/08/2018, effective 8/8/2018

Statutory/Other Authority: ORS 246.150

Statutes/Other Implemented: ORS 260.232 & 260.995