Or. Admin. Code § 852-060-0070

Current through Register Vol. 64, No. 1, January 1, 2025

Section 852-060-0070 - Hearing Requests, Answers, and Consequences of Failure to Answer

(1) A hearing request and answer when required by OAR 852-060-0065 must be made in writing to the Board by the party or his or her representative. Any required answer must include the following:

(a) An admission or denial of each factual matter alleged in the notice that requires an answer; and

(b) A short and plain statement of each relevant affirmative defense the party may have.

(2) Except for good cause:

(a) Factual matters alleged in the notice that require an answer and which are not denied in the answer are 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) are presumed to be denied by the Board; and

(d) Evidence may not be taken on any issue not raised in the notice and answer.

Or. Admin. Code § 852-060-0070

OPT 2-2004, f. & cert. ef. 5-20-04; OPT 1-2013, f. & cert. ef. 1-3-13

Stat. Auth.: ORS 683 & 182

Stats. Implemented: ORS 683.155 & 182.466