OAR 852-060-0070
Hearing Requests, Answers, and Consequences of Failure to Answer

(1)

A hearing request and answer when required by OAR 852-060-0065 (Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases) must be made in writing to the Board by the party or his or her representative. Any required answer must include the following:

(a)

An admission or denial of each factual matter alleged in the notice that requires an answer; and

(b)

A short and plain statement of each relevant affirmative defense the party may have.

(2)

Except for good cause:

(a)

Factual matters alleged in the notice that require an answer and which are not denied in the answer are presumed admitted;

(b)

Failure to raise a particular defense in the answer will be considered a waiver of such defense;

(c)

New matters alleged in the answer (affirmative defenses) are presumed to be denied by the Board; and

(d)

Evidence may not be taken on any issue not raised in the notice and answer.

Source: Rule 852-060-0070 — Hearing Requests, Answers, and Consequences of Failure to Answer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=852-060-0070.

Last Updated

Jun. 8, 2021

Rule 852-060-0070’s source at or​.us