Or. Admin. R. 581-015-2350

Current through Register Vol. 63, No. 5, May 1, 2024

Section 581-015-2350 - Sufficiency of Hearing Request

(1) A written request for hearing will be deemed sufficient unless the party receiving the request notifies the administrative law judge and the other party in writing, within 15 days of receipt of the hearing request, that the receiving party believes the notice does not meet the requirements of OAR 581-015-2345.

(2) Within five days of receiving notice that a party is objecting to the sufficiency of the other party's hearing notice, the administrative law judge must make a determination on the face of the hearing request of whether the hearing request meets the requirements of OAR 581-015-2345, and must immediately notify the parties in writing of that determination.

(3) A party may amend its hearing request only if:

(A) The other party consents in writing to the amendment and is given the opportunity to resolve the hearing request through a resolution meeting; or

(B) The administrative law judge grants permission, except that this permission may only be granted at any time not later than five days before a due process hearing occurs.

(4) If a party files an amended hearing request, the applicable timelines for the resolution session and resolution period begin again with the filing of the amended hearing request.

Or. Admin. R. 581-015-2350

ODE 10-2007, f. & cert. ef. 4-25-07

Stat. Auth.: ORS 343.045, 343.055, 343.155;

Stats. Implemented: ORS 343.165, 34 CFR 300.508(d)