Or. Admin. R. 629-670-0310 - Requesting a Hearing; Stating Claims and Defenses
(1) When requesting a hearing, or within ten
(10) days following a request for hearing, the person assessed a civil penalty
must admit or deny, in writing, all factual matters stated in the notice of
penalty. Any factual matters not denied shall be presumed admitted.
(2) When requesting a hearing, or within 10
days following a request for hearing, the person assessed a civil penalty shall
affirmatively state, in writing, any and all claims or defenses the person may
have and the reason that supports the claim or defense. Failure to raise a
claim or defense shall be presumed to be a waiver of such claim.
(3) Evidence shall not be taken on any issue
not raised in the notice and either the request for hearing or a subsequent
statement within ten days following the request for hearing as required in
sections (1) and (2) of this rule.
(4) When the person requests a hearing, but
fails to deny any factual matters stated in the notice of penalty or to state
any claims or defenses, either when requesting the hearing or within ten (10)
days following a request for hearing, as required in sections (1) and (2) of
this rule, a hearing will not be held. Instead, the civil penalty administrator
shall submit the citation and any accompanying information used in preparing
the notice of penalty to an administrative law judge, who shall prepare a
proposed order for final consideration by the Board of Forestry.
Notes
Stat. Auth.: ORS 527
Stats. Implemented: ORS 527.685, 527.687
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