Or. Admin. R. 340-011-0535

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-011-0535 - Final Orders by Default

(1) If a person fails to request a hearing within the time allowed and no further evidence is necessary to make a prima facie case, the notice of a right to a contested case hearing will become final by operation of law as provided in OAR 137-003-0672.

(2) If the person fails to request a hearing within the time allowed and DEQ determines that evidence, in addition to the evidence in DEQ's record, is necessary to make a prima facie case, DEQ will proceed to a contested case hearing for the purpose of establishing a prima facie case.

(3) If the participant files a timely request for hearing but either: withdraws the request; or, after being provided notice of the time and place of the hearing, either fails to appear at a hearing or notifies either the administrative law judge or DEQ, in writing, that the participant does not intend to appear at the hearing, DEQ will enter and serve a final order by default.

(4) If more than one person is named in the notice of a right to a contested case hearing and any person defaults as provided in this rule, the notice will become final as it pertains to any person in default.

Or. Admin. R. 340-011-0535

DEQ 18-2003, f. & cert. ef. 12-12-03; DEQ 1-2014, f. & cert. ef. 1-6-14

Stat. Auth.: ORS 183.335 & 468.020

Stat. Impl.: ORS 183.415 & 183.090