OAR 738-140-0035
Notice of Violation

(1)

The agency’s notice of violation issued pursuant to ORS 183.415 (Notice of right to hearing) shall include:

(a)

A caption with the name of the agency and the name of the person or agency to whom the notice is issued;

(b)

A short and plain statement of the matters asserted or charged and a reference to the particular sections of the statute and rules involved;

(c)

A statement of the party’s right to be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources;

(d)

A statement of the party’s right to a hearing;

(e)

A statement of the agency’s authority and jurisdiction to hold a hearing on the matters asserted or charged; and

(f)

Either:

(A)

A statement of the procedure and time to request a hearing, the agency address to which a hearing request should be sent, and a statement that if a request for hearing is not received by the agency within the time stated in the notice the person will have waived the right to a hearing; or

(B)

A statement of the time and place of the hearing.

(g)

A statement indicating whether and under what circumstances an order by default may be entered.

(2)

A notice of violation may include either or both of the following:

(a)

A statement that the record of the proceeding to date, including information in the agency file or files on the subject of the violation and all materials submitted by the party, automatically becomes part of the violation record upon default for the purpose of proving a prima facie case;

(b)

A statement that a collaborative dispute resolution process is available as an alternative to a hearing, if requested within the time period stated in the notice, and that choosing such a process will not affect the right to a hearing if a hearing request is received by the agency within the time period stated in the notice and the matter is not resolved through the collaborative process.

Source: Rule 738-140-0035 — Notice of Violation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=738-140-0035.

Last Updated

Jun. 8, 2021

Rule 738-140-0035’s source at or​.us