OAR 165-001-0015
Notice of Opportunity for Hearing
(1)
A statement of the person’s right to a hearing before an Administrative Law Judge with the Office of Administrative Hearings.(2)
A statement that if the person desires a hearing, the agency must be notified within the number of days provided in ORS 260.232 (Civil penalty for failure to file statement or to include required information)(3)(a), ORS 260.285 (Civil penalty for failure to file donor identification list or to include required information) or 260.995 (Civil penalties)(4)(a) whichever is applicable.(3)
A statement of the authority and jurisdiction under which the hearing is to be held.(4)
A reference to the particular sections of the statutes and rules involved.(5)
A short and plain statement of the matters asserted or charged as a violation.(6)
A statement of the amount of penalty that may be imposed.(7)
A statement that the person may be represented by counsel at the hearing.(8)
If the person is an agency, corporation or an unincorporated association, that such person must be represented by an attorney licensed in Oregon.(9)
If the person is a political committee subject to a civil penalty under ORS 260.995 (Civil penalties), that person may be represented by any officer identified in the most recent statement of organization filed with the filing officer. “Officer” means any person identified as a director on the most recent statement of organization for a political committee.(10)
A statement that the record of the proceeding to date, including the agency file or files on the subject of the contested case, automatically become part of the contested case record upon default for the purpose of proving a prima facie case.(11)
A statement that the person against whom a penalty may be assessed need not appear in person at a hearing held under ORS 260.232 (Civil penalty for failure to file statement or to include required information), 260.285 (Civil penalty for failure to file donor identification list or to include required information) or 260.995 (Civil penalties), but instead may submit written testimony and other evidence, sworn to before a notary public, to the Secretary of State for entry in the hearing record. Such documents must be received by the Secretary of State not later than three business days prior to the hearing as provided by ORS 260.232 (Civil penalty for failure to file statement or to include required information)(6), 260.285 (Civil penalty for failure to file donor identification list or to include required information)(6) and 260.995 (Civil penalties)(5).(12)
A statement that unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.
Source:
Rule 165-001-0015 — Notice of Opportunity for Hearing, https://secure.sos.state.or.us/oard/view.action?ruleNumber=165-001-0015.