OAR 860-001-0410
Default upon Failure to Answer Complaint

(1)

If a party fails to answer a complaint or otherwise appear within the time periods specified in OAR 860-001-0400 (Pleadings Requirements), then the party is deemed in default. All material allegations of the complaint are deemed admitted, and the hearing is waived. The proceedings may be disposed of without further notice to the defaulting party.

(2)

A defaulting party may file an application for reconsideration of a Commission order of default under OAR 860-001-0720 (Rehearing or Reconsideration). The Commission may grant the application for reconsideration if the moving party shows the default resulted from mistake, inadvertence, surprise, excusable neglect, or other good cause.

(3)

An application made under this rule must be accompanied by a pleading or motion that contains an assertion of a claim or a defense.

(4)

The filing of an application under this rule does not excuse the defaulted party from complying with the order and the enforcement of the order is neither stayed nor postponed except upon Commission order.

Source: Rule 860-001-0410 — Default upon Failure to Answer Complaint, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-001-0410 (accessed May 26, 2025).

860–001–0000
Applicability and Waiver 860–001–0010
Definitions 860–001–0020
Hours of Operation, Location, and Contact Information 860–001–0030
Notice of Commission Proceedings 860–001–0040
Commission Publications 860–001–0050
Late Fees and Penalties 860–001–0060
Public Records Requests 860–001–0070
Confidential Information 860–001–0080
Protective Orders 860–001–0090
Delegation of Authority to Administrative Law Judge 860–001–0100
Impartiality 860–001–0110
Appeal to the Commission from Ruling of Administrative Law Judge 860–001–0120
Grant Eligibility (Precertification and Case Certification) 860–001–0130
Termination of Eligibility 860–001–0140
General 860–001–0150
Filing Dates 860–001–0160
Filing Requirements in Rulemaking Proceedings 860–001–0170
Filing Requirements in Contested Case and Declaratory Ruling Proceedings 860–001–0180
Service in Contested Case and Declaratory Ruling Proceedings 860–001–0200
Public Participation 860–001–0210
Permanent Rulemaking Notice 860–001–0220
Conduct of Rulemaking Hearing 860–001–0230
Rulemaking Record 860–001–0240
Rulemaking Action 860–001–0250
Petition to Promulgate, Amend, or Repeal Rule 860–001–0260
Temporary Rulemaking 860–001–0300
Practice Before the Commission 860–001–0310
Representation and Ethical Conduct 860–001–0320
Appearance of Attorneys 860–001–0330
Former Employees 860–001–0340
Ex Parte Communications 860–001–0350
Settlements 860–001–0360
Case Management Conferences 860–001–0390
General 860–001–0400
Pleadings Requirements 860–001–0410
Default upon Failure to Answer Complaint 860–001–0420
Motions, Responses, and Replies 860–001–0430
Petition for Declaratory Ruling 860–001–0450
Evidence 860–001–0460
Official Notice 860–001–0470
Resolutions 860–001–0480
Testimony and Exhibits 860–001–0490
Records in Other Proceedings 860–001–0500
Discovery in Contested Case Proceedings 860–001–0510
Subpoenas 860–001–0520
Depositions 860–001–0530
Admissions 860–001–0540
Data Requests 860–001–0550
Joint Hearings with other Entities 860–001–0560
Public Meetings 860–001–0570
Notice of Contested Case Hearing 860–001–0580
Postponements and Continuances of Hearings 860–001–0590
Conferences 860–001–0600
Consolidation of Proceedings 860–001–0610
Failure to Appear 860–001–0650
Legal Argument 860–001–0660
Major Proceedings 860–001–0700
Extension or Postponement of Date to Comply with Rules and Orders 860–001–0710
Notice of Acceptance of Terms of Orders 860–001–0720
Rehearing or Reconsideration

May 26, 2025

Rule 860-001-0410's source at or​.us