Or. Admin. Code § 340-011-0535 - Final Orders by Default
(1)
If a person fails to request a hearing within the time allowed and no further
evidence is necessary to make a prima facie case, the notice of a right to a
contested case hearing will become final by operation of law as provided in OAR
137-003-0672.
(2) If the person fails to request a hearing
within the time allowed and DEQ determines that evidence, in addition to the
evidence in DEQ's record, is necessary to make a prima facie case, DEQ will
proceed to a contested case hearing for the purpose of establishing a prima
facie case.
(3) If the participant
files a timely request for hearing but either: withdraws the request; or, after
being provided notice of the time and place of the hearing, either fails to
appear at a hearing or notifies either the administrative law judge or DEQ, in
writing, that the participant does not intend to appear at the hearing, DEQ
will enter and serve a final order by default.
(4) If more than one person is named in the
notice of a right to a contested case hearing and any person defaults as
provided in this rule, the notice will become final as it pertains to any
person in default.
Notes
Stat. Auth.: ORS 183.335 & 468.020
Stat. Impl.: ORS 183.415 & 183.090
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