OAR 340-011-0530
Contested Cases: Requests for Hearing

(1)

Unless a request for hearing is not required by statute or rule, or the requirement to file a request for hearing is waived in the formal enforcement action, a person has 20 calendar days from the date of service of the notice of a right to a contested case hearing in which to file a written request for hearing unless another timeframe is allowed by statute or rule.

(2)

The request for hearing must include a written response that admits or denies all factual matters alleged in the notice, and alleges any and all affirmative defenses and the reasoning in support thereof. Due to the complexity, factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. New matters alleged in the request for hearing are denied by DEQ unless admitted in subsequent stipulation.

(3)

An amended request for hearing may be accepted by DEQ if DEQ determines that the filing of an amended request will not unduly delay the proceeding or unfairly prejudice the participants. The participant must provide DEQ with a written explanation why an amended request for hearing is needed.

(4)

A late request for hearing will be accepted by DEQ if:

(a)

The request is postmarked within 20 calendar days of service of the notice, and;

(b)

DEQ receives the late request for hearing within 60 days of the date the notice became final upon default.

(5)

A late request for hearing may be accepted by DEQ if:

(a)

Either the request is received by DEQ before entry of a default order or within 60 days of the date the notice became final upon default, and;

(b)

There was good cause for the failure to timely request a hearing.

(6)

The person must provide DEQ with a written explanation why the request for hearing was late. If the person fails to provide the written explanation, DEQ must not accept the late request for hearing. DEQ may require that the explanation be supported by an affidavit.

(7)

The filing of a late request for hearing does not stay the effect of any final order.

(8)

DEQ will deny a late request for hearing that is filed more than 60 days after the notice became final by default.

Source: Rule 340-011-0530 — Contested Cases: Requests for Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-011-0530.

340‑011‑0003
Confidentiality and Inadmissibility of Mediation Communications 340‑011‑0004
Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications 340‑011‑0005
Rules of Practice and Procedure: Definitions 340‑011‑0009
Rules of Practice and Procedure: Incorporation of Attorney General’s Uniform and Model Rules 340‑011‑0010
Rulemaking: Notice of Rulemaking 340‑011‑0024
Rulemaking: Rulemaking Process 340‑011‑0029
Rulemaking: Policy on Disclosure of the Relationship Between Proposed Rules and Federal Requirements 340‑011‑0046
Rulemaking: Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition 340‑011‑0052
Rulemaking: Temporary Rules 340‑011‑0053
Rulemaking: Periodic Rule Review 340‑011‑0061
Rulemaking: Declaratory Ruling: Institution of Proceedings, Consideration of Petition and Disposition of Petition 340‑011‑0310
Public Records Access and Reproduction: Purpose 340‑011‑0320
Public Records Access and Reproduction: Scope 340‑011‑0330
Public Records Access and Reproduction: Requests for Review or to Obtain Copies of Public Records 340‑011‑0340
Public Records Access and Reproduction: Costs for Record Review and Copying 340‑011‑0360
Public Records Access and Reproduction: Collecting Fees 340‑011‑0370
Public Records Access and Reproduction: Certification of Copies of Records 340‑011‑0380
Public Records Access and Reproduction: Fee Waivers and Reductions 340‑011‑0390
Public Records Access and Reproduction: Exempt Records 340‑011‑0500
Contested Cases: Contested Case Proceedings Generally 340‑011‑0505
Contested Cases: Powers of the Director 340‑011‑0510
Contested Cases: Agency Representation by Environmental Law Specialist 340‑011‑0515
Contested Cases: Authorized Representative of a Participant other than a Natural Person in a Contested Case Hearing 340‑011‑0520
Contested Cases: Liability for the Acts of a Person’s Employees 340‑011‑0525
Contested Cases: Service and Filing of Documents 340‑011‑0530
Contested Cases: Requests for Hearing 340‑011‑0535
Contested Cases: Final Orders by Default 340‑011‑0540
Contested Cases: Consolidation or Bifurcation of Contested Case Hearings 340‑011‑0545
Contested Cases: Burden and Standard of Proof in Contested Case Hearings 340‑011‑0550
Contested Cases: Discovery 340‑011‑0555
Contested Cases: Subpoenas 340‑011‑0560
Contested Cases: Public Attendance at Contested Case Hearing 340‑011‑0565
Contested Cases: Immediate Review 340‑011‑0570
Contested Cases: Permissible Scope of Hearing 340‑011‑0573
Contested Cases: Proposed Orders in Contested Cases 340‑011‑0575
Contested Cases: Review of Proposed Orders in Contested Cases 340‑011‑0580
Contested Cases: Petitions for Reconsideration or Rehearing 340‑011‑0585
Contested Cases: Petitions for a Stay of the Effect of a Final Order
Last Updated

Jun. 8, 2021

Rule 340-011-0530’s source at or​.us