Or. Admin. Code § 660-045-0110

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

Section 660-045-0110 - Notice of the Contested-Case Hearing

(1) The department or hearings officer must mail notice of the contested-case hearing to the requester, affected local government or district, mediator (if any), and any other person who has requested notice.

(2) The notice required in Section 1 shall contain the following:

(a) The date, time, and place of the hearing;

(b) A statement of the authority under which the hearing is to be held;

(c) A reference to the specific provisions of the statutes and rules involved;

(d) A short, plain statement of the matters asserted or charged;

(e) A statement that, pursuant to ORS 183.457, parties and limited parties to the proceedings may be represented by an attorney or an authorized representative, subject to the other requirements of ORS 183.457 and OAR 137-003-0008;

(f) A statement that the record of the proceeding to date, including information in the agency file or files on the subject of the contested case, will automatically become part of the contested-case record upon default for the purpose of proving a prima facie case (per OAR 137-003-0001(1)(a));

(g) A statement containing the following information about mediation:

(A) That mediation is available as an alternative to a contested-case hearing, if requested by both the requester and the affected local government or district;

(B) That DLCD will provide mediation services;

(C) That choosing to enter into mediation will not affect one's right to a contested-case hearing if the matter is not resolved through mediation;

(D) The date by which both parties must request mediation.

Or. Admin. Code § 660-045-0110

LCDD 5-1998, f. & cert. ef. 9-23-98

Stat. Auth.: ORS 183 & ORS 197

Stats. Implemented: ORS 197.319 - ORS 197.335 & ORS 197.646