OAR 340-011-0535
Contested Cases: Final Orders by Default


(1)

If a person fails to request a hearing within the time allowed and no further evidence is necessary to make a prima facie case, the notice of a right to a contested case hearing will become final by operation of law as provided in OAR 137-003-0672 (Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing).

(2)

If the person fails to request a hearing within the time allowed and DEQ determines that evidence, in addition to the evidence in DEQ’s record, is necessary to make a prima facie case, DEQ will proceed to a contested case hearing for the purpose of establishing a prima facie case.

(3)

If the participant files a timely request for hearing but either: withdraws the request; or, after being provided notice of the time and place of the hearing, either fails to appear at a hearing or notifies either the administrative law judge or DEQ, in writing, that the participant does not intend to appear at the hearing, DEQ will enter and serve a final order by default.

(4)

If more than one person is named in the notice of a right to a contested case hearing and any person defaults as provided in this rule, the notice will become final as it pertains to any person in default.

Source: Rule 340-011-0535 — Contested Cases: Final Orders by Default, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-011-0535.

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 340-011-0535’s source at or​.us