Or. Admin. Code § 845-003-0270

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

Section 845-003-0270 - Request for a Contested Case Hearing and Response to Charging Document

(1) A party may contest a charging document or a tax imposed under ORS Chapter 473 by requesting a contested case hearing. The request for hearing must be in writing and timely filed. The time limit for filing a request is:

(a) 60 days after service of a charging document defined in OAR 845-003-0220(2)(a), with the following exceptions:

(i) 20 days after service of a charging document denying a renewal of a license under ORS 471.313(5);

(ii) 30 days after service of a charging document denying an application for a service permit; except that the time limit shall be 15 days for a denial that is based on failure to complete the alcohol server education course and examination; and

(iii) 30 days after service of a charging document denying an application for a marijuana handler permit; except that the time limit shall be 15 days for a denial that is based on a failure to complete the marijuana handler permit education course and examination.

(b) 30 days after service of a charging document defined in OAR 845-003-0220(2)(b), except that the time limit shall be 20 days if the violation is based on ORS 471.315(1)(c);

(c) 30 days after service of an audit issued by Financial Services Division of the Commission;

(d) Within the time period provided in the retail sales agent agreement between the Commission and the agent, if the agreement provides for a hearing;

(e) Within the time period provided in the charging document for all other matters not listed above.

(2) A written Answer to a charging document may be required. The Answer must be filed in writing and submitted to the Commission with the request for hearing. A party must file an Answer in response to:

(a) A charging document as defined in 845-003-0220(2)(a);

(b) A charging document as defined in 845-003-0220(2)(b), if the violation is a Category I or II violation; and

(c) A charging document as defined in 845-003-0220(2)(c).

(3) The Answer must specify:

(a) An admission or denial of each factual matter alleged in the charging document; and

(b) What defense or defenses the party will rely upon;

(c) A general denial is not sufficient to constitute an Answer.

(4) When an answer is required under section (2):

(a) Factual matters alleged in the charging document 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 matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and

(d) Evidence shall not be taken at the contested case hearing on any issue not raised in the charging document or answer.

(5) When an answer is required under section (2), the party may amend the answer, except when doing so would be unduly prejudicial.

Or. Admin. Code § 845-003-0270

OLCC 9-1998, f. 10-21-98, cert. ef. 1-1-99; OLCC 8-1999, f. 6-9-99, cert. ef. 7-1-99; OLCC 1-2000(Temp), f. & cert. ef. 1-14-00 thru 7-11-00; OLCC 8-2000, f. 6-23-00, cert. ef. 7-1-00; OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03; OLCC 18-2007, f. 9-27-07, cert. ef. 10-1-07; OLCC 6-2012, f. 8-14-12, cert. ef. 9-1-12; OLCC 9-2014, f. 9-10-14. cert. ef. 10-1-14; OLCC 10-2016, f. & cert. ef. 8/19/2016; OLCC 1-2022, minor correction filed 02/25/2022, effective 2/25/2022

Statutory/Other Authority: ORS 183.341(2), 183.745 & 471.730(5) & (6) & 475C.017(2)(d)

Statutes/Other Implemented: ORS 183.341(2), 183.430(2), 183.435, 183.745, 471.331(1) & 471.380(2)