(1)Consistent with the Board’s policy described in OAR 438-005-0035 (Board Policy) and subject to 438-006-0045 (Motions, Arguments)(2), not later than 21 days after the issuance of the Board’s Notice of Hearing under OAR 438-006-0020 (Acknowledgment; Notice of Conference and Hearing in Ordinary Hearing Process), a party defending against a request for hearing shall, on a form prescribed by the Board, file with the Board and simultaneously serve copies on all other parties a response specifying the respondent’s position on the issues raised and relief requested and any additional issues raised and relief requested by the respondent.
(2)Consistent with the Board’s policy described in OAR 438-005-0035 (Board Policy), amendments may be allowed, subject to a motion by an adverse party for a postponement under OAR 438-006-0081 (Postponement of Hearings) or a continuance under 438-006-0091 (Continuances). If, during the hearing, the evidence supports an issue or issues not previously raised, the Administrative Law Judge may allow the issue(s) to be raised during the hearing. In such a situation, the Administrative Law Judge may continue the hearing pursuant to OAR 438-006-0091 (Continuances).
Rule 438-006-0036 — Response,