Or. Admin. R. 165-001-0016 - Requesting a Hearing
(1) If
a party wishes to request an in-person or telephone hearing to contest the
allegations in the charging document, they must submit to the Agency a signed
Hearing Request Form and an "answer," to the allegations in the charging
document not later than the deadline to request a hearing stated in the
charging document.
(a) 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, including
any relevant mitigating circumstance that may apply and indicate specifically
what facts or transactions the mitigating circumstance applies to.
(b) A general denial is not sufficient to
constitute an answer.
(c) The
person must choose whether they want the hearing by telephone or in-person. If
no choice is indicated on the form, the hearing will be held by
telephone.
(d) Any evidence of a
mitigating circumstance or other relevant evidence may be submitted with the
answer as exhibits.
(2)
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
165-001-0025 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.
(4) The failure of the party to raise a
mitigating circumstance in the answer is a waiver of such mitigating
circumstance.
(5) The party bears
the burden of proof to show that all or part of the penalty should be mitigated
based on a mitigating circumstance.
(6) Any new facts or defenses alleged in the
answer will be deemed denied by the Agency.
(7) 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 filed.
(8) The person against whom a civil penalty
may be assessed need not appear in person or by telephone at a hearing held
under ORS
260.232,
ORS 260.285 or
260.995,
but instead may submit written notarized testimony as provided in OAR
165-001-0015(11). The Elections Division may also submit notarized testimony.
The Elections Division notarized testimony must be received by the Office of
Administrative Hearings not later than 5:00 p.m. on the scheduled date of the
hearing. If the Elections Division does not submit notarized testimony, the
Elections Division exhibits become part of the case file and may establish the
basis for liability.
(9) Form SEL
850 is the Hearing Request Form, Campaign Finance Transactions to be used to
request an in-person or telephone hearing, or submit notarized testimony to
contest campaign finance transaction violations.
(10) Form SEL 851 is the Hearing Request
Form, Other Campaign Finance Violations to be used to request an in-person or
telephone hearing, or submit notarized testimony to contest campaign finance
violations, other than those violations relating to late or insufficient
campaign finance transactions.
(11)
Form SEL 852 is the Hearing Request Form, Non-Campaign Finance Violations, to
be used to request an in-person or telephone hearing, or submit notarized
testimony, to contest non-campaign finance violations.
Notes
Statutory/Other Authority: ORS 246.150 & 260.285
Statutes/Other Implemented: ORS 260.232, 260.285 & 260.995
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.