Or. Admin. R. 800-001-0020 - Hearing Request and Answers: Consequences of Failure to Answer

(1) A hearing request, and answer when required, shall be made in writing to the Board by a party or his/her attorney and an answer shall include a short and plain statement of each relevant affirmative defense the party may have.

(2) Except for good cause:

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

(b) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the board; and

(c) Evidence shall not be taken on any issue not raised in the notice and answer.

Notes

Or. Admin. R. 800-001-0020

BTSE 1-2001, f. & cert. ef. 4-19-01; BTP 1-2010, f. 1-19-10, cert. ef. 2-1-10; BTP 1-2013, f. 1-15-13, cert. ef. 2-1-13

Stat. Auth.: ORS 673.705 - 673.990 & SB279

Stats. Implemented: