Or. Admin. Code § 340-011-0530 - Requests for Hearing
(1) Unless a
request for hearing is not required by statute or rule, or the requirement to
file a request for hearing is waived in the formal enforcement action, a person
has 20 calendar days from the date of service of the notice of a right to a
contested case hearing in which to file a written request for hearing unless
another timeframe is allowed by statute or rule.
(2) The request for hearing must include a
written response that admits or denies all factual matters alleged in the
notice, and alleges any and all affirmative defenses and the reasoning in
support thereof. Due to the complexity, factual matters not denied will be
considered admitted, and failure to raise a defense will be a waiver of the
defense. New matters alleged in the request for hearing are denied by DEQ
unless admitted in subsequent stipulation.
(3) An amended request for hearing may be
accepted by DEQ if DEQ determines that the filing of an amended request will
not unduly delay the proceeding or unfairly prejudice the participants. The
participant must provide DEQ with a written explanation why an amended request
for hearing is needed.
(4) A late
request for hearing will be accepted by DEQ if:
(a) The request is postmarked within 20
calendar days of service of the notice, and;
(b) DEQ receives the late request for hearing
within 60 days of the date the notice became final upon default.
(5) A late request for hearing may
be accepted by DEQ if:
(a) Either the request
is received by DEQ before entry of a default order or within 60 days of the
date the notice became final upon default, and;
(b) There was good cause for the failure to
timely request a hearing.
(6) The person must provide DEQ with a
written explanation why the request for hearing was late. If the person fails
to provide the written explanation, DEQ must not accept the late request for
hearing. DEQ may require that the explanation be supported by an affidavit.
(7) The filing of a late request
for hearing does not stay the effect of any final order.
(8) DEQ will deny a late request for hearing
that is filed more than 60 days after the notice became final by default.
Notes
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS 183.415, 183.464, 183.482, 183.745 & 183.484
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