OAR 839-050-0080
Notice of Hearing

(1)

When a party makes a timely written request for a contested case hearing, that hearing will be scheduled in accordance with OAR 839-050-0070 (Request for a Contested Case Hearing) and the Contested Case Coordinator will issue a Notice of Hearing from the Forum to the participants.

(2)

When Formal Charges are issued, the notice of hearing will accompany the Formal Charges.

(3)

In civil rights housing cases only, unless an aggrieved person or respondent named in a complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law elects to have the matter heard in circuit court under 659A.885 (Civil action) (see 659A.870 (Election of remedies)(4)(b)), a contested case hearing must commence no later than 120 days after Formal Charges are issued. If it is not practicable to commence the hearing within 120 days after Formal Charges are issued, the Administrative Law Judge will include on the Notice of Hearing or in a separately issued document the general reasons for the delay and will schedule the hearing as soon as practicable.

(4)

A Notice of Hearing will include:

(a)

A statement of the time and place of the hearing, including the statement that the hearing will reconvene on successive business days thereafter until concluded;

(b)

A statement of the authority and jurisdiction under which the hearing is to be held;

(c)

A reference to the particular sections of the statutes and rules involved;

(d)

A short and plain statement of the matters asserted or charged;

(e)

The name of the Administrative Law Judge designated by the commissioner to preside over the contested case and whether the Administrative Law Judge is an employee of the Agency; and

(f)

A statement indicating whether the case for the Agency will be presented by the Oregon Department of Justice or by an Agency Administrative Prosecutor.

(5)

Sections (3)(c) and (d) above are satisfied if the Notice of Hearing attaches and incorporates a charging document that includes the matters referred to in those paragraphs.

(6)

The Notice of Hearing may contain a statement that:

(a)

When a party fails to timely request a hearing, or having made a timely request subsequently withdraws it, the Agency file will be the evidentiary record of the proceeding;

(b)

When, following an answer and request for hearing (when required), the party subsequently notifies the Agency that the party will not appear at the hearing, or, without such notice, the party fails to appear at the hearing, the Agency file will become the contested case record, or a part thereof; and

(c)

When a party fails to answer a charging document, the Agency file will become the contested case record, or part thereof, upon default for the purpose of proving a prima facie case.

Source: Rule 839-050-0080 — Notice of Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0080.

839‑050‑0000
Statement of Purpose 839‑050‑0010
Model Rules of Procedure 839‑050‑0020
Definitions 839‑050‑0030
Service of Documents 839‑050‑0040
Filing of Documents with the Contested Case Coordinator 839‑050‑0050
Timeliness 839‑050‑0060
Charging Documents 839‑050‑0070
Request for a Contested Case Hearing 839‑050‑0080
Notice of Hearing 839‑050‑0090
Location of Contested Case Hearings 839‑050‑0100
Information for Contested Case Hearings 839‑050‑0110
Representation of a Party in a Contested Case Proceeding 839‑050‑0120
Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding 839‑050‑0130
Responsive Pleadings 839‑050‑0140
Amendments 839‑050‑0150
Motions 839‑050‑0160
Disqualification of Administrative Law Judge 839‑050‑0170
Joinder of Parties, Claimants, Complainants, or Aggrieved Persons 839‑050‑0190
Consolidation of Contested Case Proceedings 839‑050‑0200
Discovery 839‑050‑0210
Case Summary 839‑050‑0220
Informal Disposition of Contested Case 839‑050‑0230
Authority of the Administrative Prosecutor 839‑050‑0240
Responsibilities of the Administrative Law Judge 839‑050‑0250
Conduct of Hearings 839‑050‑0255
Telephone Hearings 839‑050‑0260
Evidence 839‑050‑0270
Exhibits 839‑050‑0280
Stipulation 839‑050‑0290
Witnesses 839‑050‑0300
Interpreters and Assistive Communication Devices 839‑050‑0310
Ex Parte Communications 839‑050‑0320
Official Notice 839‑050‑0330
Default 839‑050‑0340
Relief from Default 839‑050‑0350
Record of Proceeding 839‑050‑0360
Post-Hearing Briefs 839‑050‑0370
Proposed Orders 839‑050‑0380
Exceptions to Proposed Order 839‑050‑0400
Agency Policy 839‑050‑0410
Reopening the Contested Case Record 839‑050‑0420
Final Order 839‑050‑0430
Final Order by Default 839‑050‑0445
Proceedings on Prevailing Wage Rate Determinations 839‑050‑0450
Proceedings on Apprenticeship and Training Division Hearings
Last Updated

Jun. 8, 2021

Rule 839-050-0080’s source at or​.us