OAR 137-003-0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing


(1)

This rule applies when the agency has issued a contested case notice containing an order that was to become effective unless a party requested a hearing, has designated the agency file, including all materials submitted by a party, as the record, and the record constitutes a prima facie case.

(2)

When the agency gives a party an opportunity to request a hearing and the party fails to request a hearing within the time allowed to make the request, the agency order is final and no further order need be served upon the party. The party may make a late hearing request as provided in OAR 137-003-0528 (Late Hearing Requests).

(3)

After a party requests a hearing, the agency or the administrative law judge will dismiss the request for hearing, and the agency order is final as if the party never requested a hearing if:

(a)

The party that requested a hearing withdraws the request;

(b)

The agency or administrative law judge notifies the party of the time and place of the hearing and the party fails to appear at the hearing; or

(c)

In a matter in which only one party is before the agency, the agency or administrative law judge notifies the party of the time and place of the hearing, and the party notifies the agency or administrative law judge that the party will not appear at the hearing, unless the agency or administrative law judge agrees to reschedule the hearing.

(4)

If the party fails to appear at the hearing and, before dismissing the request for hearing, the administrative law judge finds that the party had good cause for failing to appear, the administrative law judge may not dismiss the request for hearing under section (3)(b) 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.

Source: Rule 137-003-0672 — Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0672.

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 137-003-0672’s source at or​.us