OAR 839-050-0130
Responsive Pleadings

(1)

A party filing a written request for a hearing must file a written response, referred to as an “answer,” to the allegations in the charging document. The answer must be sent to the address indicated on the charging document. A party served with a Notice of Hearing and Formal Charges must file with the Contested Case Coordinator, at the address indicated on the Notice of Hearing, an answer to the allegations in the Formal Charges.

(2)

The answer must include an admission or denial of each factual matter alleged in the charging document and a statement of each relevant defense to the allegations. A general denial is not sufficient to constitute an answer. An answer not including the information required by this rule may be disregarded and a notice of default may be issued in accordance with OAR 839-050-0330 (Default), as if no answer had been filed.

(3)

Except for good cause shown to the Administrative Law Judge, factual matters alleged in the charging document and not denied in the answer will be deemed admitted by the party. The failure of the party to raise an affirmative defense in the answer is a waiver of such defense, except as provided in OAR 839-050-0140 (Amendments)(3). Any new facts or defenses alleged in the answer will be deemed denied by the Agency. Evidence will not be taken at the contested case hearing on any factual or legal issue not raised in the charging document or the answer as originally filed or as amended pursuant to OAR 839-050-0140 (Amendments).

(4)

Except as may be otherwise provided in subsections (5), (6) and (7) of this rule, a party must file an answer within 20 days after service of the charging document.

(5)

ORS 652.332 (Administrative proceeding for wage claim collection) provides administrative procedures for wage claim collection.

(6)

A party must file an answer within 60 days after service of the charging document if that document proposes to deny a license.

(7)

A respondent or aggrieved person named in a complaint filed 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 must file any election to have the matter heard in circuit court under ORS 659A.885 (Civil action), within 20 days after service of Formal Charges.

Source: Rule 839-050-0130 — Responsive Pleadings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0130.

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 839-050-0130’s source at or​.us