OAR 137-003-0075
Final Orders by Default


(1)

The agency may issue a final order by default:

(a)

When the agency gave a party an opportunity to request a hearing and the party failed to request a hearing within the time allowed to make a request;

(b)

When the party that requested a hearing withdraws the request;

(c)

Except as provided in section (2) of this rule, when the agency notified the party of the time and place of the hearing and the party fails to appear at the hearing; or

(d)

When the agency notified the party of the time and place of the hearing in a matter in which only one party is before the agency and that party subsequently notifies the agency that the party will not appear at the hearing, unless the agency agreed to reschedule the hearing.

(2)

If the party failed to appear at the hearing and, before issuing a final order by default, the agency finds that the failure of the party to appear was caused by circumstances beyond the party’s reasonable control, the agency may not issue a final order by default under section (1)(c) of this rule but shall schedule a new hearing.

(3)

The agency may issue a final order that is adverse to a party by default only after making a prima facie case on the record. The agency must find that the record, including all materials submitted by the party, contains evidence that persuades the agency of the existence of facts necessary to support the order. If the record on default consists solely of an application and other materials submitted by the party, the order shall so note. The record shall be made at a scheduled hearing on the matter or, if the hearing is canceled or not held, at an agency meeting or at the time the final order by default is issued, unless the agency designates the agency file as the record at the time the contested case notice is issued in accordance with OAR 137-003-0001 (Contested Case Notice)(1). The record includes all materials submitted by the party.

(4)

The record may consist of transcribed, recorded or reported oral testimony or written evidence or both oral testimony and written evidence.

(5)

The agency shall notify a defaulting party of the entry of a final order by default by delivering or mailing a copy of the order. If the contested case notice contained an order that was to become effective unless a party requested a hearing, and designated the agency file as the record for purposes of default, that order becomes a final order by default if no hearing is requested, and no further order need be served upon any party.

Source: Rule 137-003-0075 — Final Orders by Default, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0075.

137–003–0000
Applicability of Rules in OAR 137, Division 3
137–003–0001
Contested Case Notice
137–003–0002
Rights of Parties in Contested Cases
137–003–0003
Late Filing
137–003–0005
Participation as Party or Limited Party
137–003–0007
Agency Participation as Interested Agency or Party
137–003–0008
Authorized Representative in Designated Agencies
137–003–0010
Emergency License Suspension, Refusal to Renew
137–003–0015
Use of Collaborative Dispute Resolution in Contested Cases Hearing
137–003–0025
Discovery in Contested Cases Hearing
137–003–0035
Prehearing Conferences
137–003–0036
Individually Identifiable Health Information
137–003–0037
Qualified Interpreters
137–003–0040
Conducting Contested Case Hearing
137–003–0045
Telephone Hearings
137–003–0050
Evidentiary Rules
137–003–0055
Ex Parte Communications
137–003–0060
Proposed Orders in Contested Cases, Filing Exceptions
137–003–0070
Final Orders in Contested Cases
137–003–0075
Final Orders by Default
137–003–0080
Reconsideration and Rehearing — Contested Cases
137–003–0090
Stay Request
137–003–0091
Intervention in Stay Proceeding
137–003–0092
Stay Proceeding and Order
137–003–0501
Rules for Office of Administrative Hearings
137–003–0505
Contested Case Notice
137–003–0510
Rights of Parties in Contested Cases
137–003–0515
Agency Referral to Office of Administrative Hearings
137–003–0520
Filing and Providing Copies of Documents in Contested Case
137–003–0525
Scheduling Hearings
137–003–0528
Late Hearing Requests
137–003–0530
Late Filing and Amendment of Documents
137–003–0535
Participation as Party or Limited Party
137–003–0540
Agency Participation as Interested Agency or Party
137–003–0545
Representation of Agency by Attorney General or Agency Representative
137–003–0550
Representation of Parties
137–003–0555
Authorized Representative of Parties Before Designated Agencies
137–003–0560
Emergency License Suspension, Refusal to Renew
137–003–0565
Use of Collaborative Dispute Resolution in Contested Case Hearing
137–003–0566
Discovery in Contested Case Hearing — Methods
137–003–0567
Discovery in Contested Case Hearing — Standard
137–003–0568
Discovery in Contested Case Hearing — Procedure
137–003–0569
Discovery in Contested Case Hearing — Enforcement
137–003–0572
Depositions in Contested Cases
137–003–0573
Individually Identifiable Health Information
137–003–0575
Prehearing Conferences
137–003–0580
Motion for Summary Determination
137–003–0585
Subpoenas
137–003–0590
Qualified Interpreters
137–003–0595
Public Attendance
137–003–0600
Conducting the Contested Case Hearing
137–003–0605
Telephone Hearings
137–003–0610
Evidentiary Rules
137–003–0615
Judicial Notice and Official Notice of Facts
137–003–0625
Ex Parte Communications with Administrative Law Judge
137–003–0630
Motions
137–003–0635
Transmittal of Questions to the Agency
137–003–0640
Immediate Review by Chief Administrative Law Judge
137–003–0645
Proposed Orders in Contested Cases
137–003–0650
Exceptions to Proposed Order
137–003–0655
Further Hearing and Issuance of Final Order
137–003–0660
Ex Parte Communications to Agency during Review of Contested Case
137–003–0665
Final Orders in Contested Cases
137–003–0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default
137–003–0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing
137–003–0675
Reconsideration and Rehearing — Contested Cases
137–003–0690
Stay Request — Contested Case
137–003–0695
Intervention in Stay Proceeding
137–003–0700
Stay Proceeding and Order
Last Updated

Jun. 8, 2021

Rule 137-003-0075’s source at or​.us