OAR 137-003-0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default

(1)

This rule applies when the agency issues a notice of proposed action that does not become final in the absence of a request for hearing. The agency or, if authorized, the administrative law judge 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 the 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 or administrative law judge 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 or administrative law judge 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 or administrative law judge that the party will not appear at the hearing, unless the agency or administrative law judge 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 or administrative law judge finds that the party had good cause for not appearing, the agency or administrative law judge may not issue a final order by default under section (1)(c) of this rule. In this case, the administrative law judge shall schedule a new hearing. If the reasons for the party’s failure to appear are in dispute, the administrative law judge shall schedule a hearing on the reasons for the party’s failure to appear.

(3)

Intentionally left blank —Ed.

(a)

An agency or administrative law judge may issue an order adverse to a party upon default under section (1) of this rule only upon a prima facie case made on the record. The agency or administrative law judge must find that the record contains evidence that persuades the agency or administrative law judge of the existence of facts necessary to support the order.

(b)

Except as provided in subsection (c) of this section, if the agency designated the agency file in a matter as the record when a contested case notice for the matter was issued in accordance with OAR 137-003-0505 (Contested Case Notice) and no further testimony or evidence is necessary to establish a prima facie case, the agency file, including all materials submitted by a party, shall constitute the record. No hearing shall be conducted. The agency or, if authorized, the administrative law judge shall issue a final order by default under section (1) of this rule in accordance with 137-003-0665 (Final Orders in Contested Cases).

(c)

If the agency determines that testimony or evidence is necessary to establish a prima facie case or if more than one party is before the agency and one party appears at the hearing, the administrative law judge shall conduct a hearing and, unless authorized to issue a final order without first issuing a proposed order, the administrative law judge shall issue a proposed order in accordance with OAR 137-003-0645 (Proposed Orders in Contested Cases). The agency or, if authorized, the administrative law judge shall issue a final order by default in accordance with 137-003-0665 (Final Orders in Contested Cases).

(4)

The agency or administrative law judge shall notify a defaulting party of the entry of a final order by default by delivering or mailing a copy of the order.

(5)

If a final order by default is entered because a party did not request a hearing within the time specified by the agency, the party may make a late hearing request as provided in OAR 137-003-0528 (Late Hearing Requests).

Source: Rule 137-003-0670 — Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0670.

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 137-003-0670’s source at or​.us