When the Secretary of State proposes to impose a civil penalty
or find a violation of an election law, or both, under ORS
260.232,
ORS 260.285, or ORS
260.995,
the Secretary of State shall cause a notice to be served on the person(s)
subject to the penalty. For a violation under ORS
260.232
the notice shall be served by first class mail; for a violation under ORS
260.285 or ORS
260.995
the notice shall be served by certified mail. The notice shall include:
(1) A statement of the person's right to a
hearing before an Administrative Law Judge with the Office of Administrative
Hearings.
(2) A statement that if
the person desires a hearing, the agency must be notified within the number of
days provided in ORS
260.232(3)(a),
ORS 260.285 or
260.995(4)(a)
whichever is applicable.
(3) A
statement of the authority and jurisdiction under which the hearing is to be
held.
(4) A reference to the
particular sections of the statutes and rules involved.
(5) A short and plain statement of the
matters asserted or charged as a violation.
(6) A statement of the amount of penalty that
may be imposed.
(7) A statement
that the person may be represented by counsel at the hearing.
(8) If the person is an agency, corporation
or an unincorporated association, that such person must be represented by an
attorney licensed in Oregon.
(9) If
the person is a political committee subject to a civil penalty under ORS
260.995,
that person may be represented by any officer identified in the most recent
statement of organization filed with the filing officer. "Officer" means any
person identified as a director on the most recent statement of organization
for a political committee.
(10) A
statement that the record of the proceeding to date, including the agency file
or files on the subject of the contested case, automatically become part of the
contested case record upon default for the purpose of proving a prima facie
case.
(11) A statement that the
person against whom a penalty may be assessed need not appear in person at a
hearing held under ORS
260.232,
260.285 or
260.995,
but instead may submit written testimony and other evidence, sworn to before a
notary public, to the Secretary of State for entry in the hearing record. Such
documents must be received by the Secretary of State not later than three
business days prior to the hearing as provided by ORS
260.232(6),
260.285(6) and
260.995(5).
(12) A statement that unless precluded by
law, informal disposition may be made of any contested case by stipulation,
agreed settlement, consent order or default.
Notes
Or. Admin. R.
165-001-0015
ELECT 15-1988(Temp), f.
& cert. ef. 1-27-88; ELECT 26-1988, f. & cert. ef. 8-1-88; ELECT
27-1993, f. & cert. ef. 7-1-93; ELECT 9-1999, f. & cert. ef. 9-29-99;
ELECT 7-2003, f. & cert. ef. 9-3-03; ELECT 19-2009, f. & cert. ef.
12-31-09; ELECT 7-2011, f. & cert. ef. 4-8-11; ELECT 10-2011, f. &
cert. ef. 7-12-11; ELECT 1-2012, f. & cert. ef. 1-3-12;
ELECT
14-2018, amend filed 08/08/2018, effective
8/8/2018;
ELECT
7-2020, amend filed 06/11/2020, effective
6/11/2020
Statutory/Other Authority: ORS
183.090,
183.470,
246.150 &
260.285
Statutes/Other Implemented: ORS
183.341,
183.470,
260.232,
260.285 & 260.995
