OAR 462-001-0008
Hearing Request and Answers; Consequences of Failure to Answer
(1)
A hearing request and answer shall be made in writing to the executive director by the party or the party’s attorney. To be considered timely, a request for a hearing and answer must:(a)
Be in writing; and(b)
Be received by the commission within ten (10) calendar days from the date the Notice was served.(2)
If an answer is required in the Notice, it 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; and(c)
A short and plain statement identifying each legal issue the party may have.(3)
A request for extension of time in which to file an answer to the Notice shall be submitted in writing and must be received by the commission within ten (10) calendar days from the date the Notice was served. Extensions shall be granted only upon a showing of good cause.(4)
Any amendments to answers must be submitted in writing and must be received by the commission not less than 21 days prior to the contested case hearing.(5)
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 or legal issue in the answer will be considered a waiver of such defense or legal issue;(c)
New matters raised in the answer that were not alleged in the Notice (affirmative defenses) shall be presumed to be denied by the commission; and(d)
Evidence shall not be taken on any issue not raised in the Notice and the answer.(6)
A hearing request and answer shall be deemed untimely if it is received by the commission after the close of business (5:00 p.m.) on or after the 10th calendar day from the date the Notice was mailed, and shall be deemed a default by the party. Unless the commission determines that the late filing was beyond the control of the party, the commission may issue a final order by default.
Source:
Rule 462-001-0008 — Hearing Request and Answers; Consequences of Failure to Answer, https://secure.sos.state.or.us/oard/view.action?ruleNumber=462-001-0008.