Contested Case Hearing
(1)Within 15 days of the date of the Notice of Default from the forester stating the reason for the default and effective date of the default, the purchaser may request a contested case hearing before the forester to determine whether a default was committed by the purchaser. The hearing, if requested, is the purchaser’s opportunity to prove that it did not commit a default. Within 60 days of submitting a request for hearing, the purchaser must submit to the forester a detailed and comprehensive written statement explaining why the purchaser believes it did not commit a default. The statement must be accompanied by copies of all documentary and other evidence that the purchaser will rely on at the hearing to establish that it did not commit a default. Only those grounds identified in the purchaser’s statement, and supported by the evidence accompanying the statement, may be relied on by the purchaser at the hearing to prove that the purchaser did not commit a default.
(2)The hearing shall be governed by ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner). A hearings officer may be appointed by the forester to hear the case. However, the hearings officer shall not have the authority to issue a final order. Any final order issued under this rule shall be signed by the forester and may be appealed as provided in 183.482 (Jurisdiction for review of contested cases).
Rule 629-032-0050 — Contested Case Hearing,