OAR 137-020-0205
Refusal to Issue or Renew Registration; Revocation or Suspension of Registration
(1)
The Department may refuse to issue or renew a registration to a telephonic seller or may revoke or suspend the registration of a telephonic seller upon a finding of any of the causes listed in ORS 646.553 (Registration of telephonic sellers)(6). Opportunity for a hearing shall be afforded as provided in ORS 183.310 (Definitions for chapter) to 183.550.(2)
Except as otherwise specifically provided herein, the requirements of OAR 137-003-0001 (Contested Case Notice) to 137-003-0092 (Stay Proceeding and Order) shall apply to all hearings held pursuant to this rule.(3)
The Department shall send a notice to the telephonic seller and their authorized representative by certified mail of the Department’s intent to refuse to issue or renew a registration or to revoke or suspend a registration. The notice to the telephonic seller shall be sent to the principal business location of the telephonic seller, as shown on the filing information provided under ORS 137-020-0202 (Filing Information).(4)
In addition to the notice requirements under OAR 137-003-0001 (Contested Case Notice), the notice provided under section (3) of this rule shall include a statement that an answer to the Department’s assertions or charges will be required, and listing the consequences of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of section (6) of this rule with the notice.(5)
A hearing request and answer shall be made in writing to the Department by the telephonic seller or their authorized representative. Except as otherwise provided by sections (7) and (8) of this rule, a hearing request and answer must be received within 60 calendar days from the date the notice to the applicant was mailed by the Department to be considered timely.(6)
An answer shall include the following:(a)
An admission or denial of each factual matter alleged in the Department’s notice;(b)
A short and plain statement of each relevant affirmative defense the telephonic seller may have;(c)
A short and plain statement of each legal issue the telephonic seller may have;(d)
Except for good cause:(A)
Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;(B)
Failure to raise a particular defense or legal issue in the answer shall be considered a waiver of such defense or legal issue;(C)
New matters alleged in the answer that were not alleged in the notice (affirmative defenses) shall be presumed to be denied by the Department; and(D)
Evidence shall not be taken on any issue not raised in the notice and answer.(7)
A telephonic seller or their authorized representative may submit a written request for an extension in which to file an answer to the Department’s notice. To be considered timely, the extension request must be received within 21 calendar days from the date the notice to the applicant was mailed by the Department. The Department shall grant extensions only upon a showing of good cause.(8)
A telephonic seller or their authorized representative may submit written amendments to their answer. To be considered timely, the amendments must be received by the Department no less than 21 calendar days prior to the contested case hearing. The Department shall allow amendments to answers only upon a showing of good cause.
Source:
Rule 137-020-0205 — Refusal to Issue or Renew Registration; Revocation or Suspension of Registration, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-020-0205.