OAR 851-001-0007
Hearing Request and Answers: Consequences of Failure to Answer; Untimely Hearing Request
(1)
A hearing request, and answer if required in the Notice, shall be made in writing to the Board by the party or by the party’s authorized representative. To be considered timely, a request for hearing, and answer if required, must:(a)
Be in writing; electronic notification is acceptable.(b)
Be received by the Board within 20 calendar days (60 calendar for notice of application denial for license or certificate) from the date the Notice was mailed.(2)
An answer, if required in the Notice, shall include the following:(a)
An admission or denial of each factual matter in the Notice;(b)
A short and plain statement regarding each relevant affirmative defense the party may have;(c)
A short and plain statement identifying each legal issue the party may have.(3)
A request for an extension in which to file an answer to the Notice shall be submitted in writing and must be received by the Board within 20 calendar days (60 calendar days for notice of application denial for license or certificate) from the date the Notice was mailed. Extensions shall be granted only upon a showing of good cause.(4)
Amendments to answers must be submitted in writing and must be received by the Board no less than 21 days prior to the contested case hearing.(5)
Except for good cause:(a)
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 shall 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 denied;(d)
Evidence shall not be taken on any issue not raised in the Notice and answer.(6)
A hearing request and answer shall be deemed untimely if it is received by the Board after the close of business (4:30 p.m.) on or after the 20th calendar day from the date the Notice was mailed, and shall be deemed a default by the party. Unless the Board determines that the late filing was beyond the control of the party, the Board may issue a final order by default.
Source:
Rule 851-001-0007 — Hearing Request and Answers: Consequences of Failure to Answer; Untimely Hearing Request, https://secure.sos.state.or.us/oard/view.action?ruleNumber=851-001-0007.