Or. Admin. Code § 337-030-0025 - Hearing Request and Answers: Consequences of Failure to Answer

(1) A hearing request, and answer must be made in writing to the Board by the party or the party's attorney and an answer must include the following:

(a) An admission or denial of each factual matter alleged in the notice;

(b) A short and plain statement of each relevant affirmative defense the party may have.

(2) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;

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

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

Notes

Or. Admin. Code § 337-030-0025

BRT 1-2010, f. & cert. ef. 6-15-10; BMI 7-2020, amend filed 07/28/2020, effective 7/28/2020; BMI 1-2024, amend filed 02/02/2024, effective 2/2/2024

Statutory/Other Authority: ORS 688

Statutes/Other Implemented: ORS 688.415 - 688.605, 688.915