OAR 337-030-0025
Hearing Request and Answers: Consequences of Failure to Answer

(1)

A hearing request, and answer when required, shall be made in writing to the Board by the party or the party’s attorney and an answer shall include the following:

(a)

An admission or denial of each factual matter alleged in the notice;

(b)

A short and plain statement of each relevant affirmative defense the party may have.

(2)

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 in the answer will be considered a waiver of such defense;

(c)

New matters or affirmative defenses alleged in the answer shall be presumed to be denied by the agency; and

(d)

Evidence shall not be taken on any issue not raised in the notice and answer.

Source: Rule 337-030-0025 — Hearing Request and Answers: Consequences of Failure to Answer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=337-030-0025.

Last Updated

Jun. 8, 2021

Rule 337-030-0025’s source at or​.us