Or. Admin. Code § 409-070-0075 - Contested Case Hearings
(1) Contested case
hearings must be conducted pursuant to ORS
183.411 through ORS
183.497 and the Attorney
General's Uniform and Model Rules of Procedure for the Office of Administrative
Hearings, OAR 137-003-0501 through OAR
137-003-0700, and the provisions
of this rule.
(2) A party to a
material change transaction that wishes to contest a final order issued by the
Authority that fully resolves the notice of material change transaction must
request a hearing within 15 calendar days from the date of service of the final
order and a notice of right to a hearing.
(3) An applicant for emergency exemption
under OAR 409-070-0022 or a disclaimer
under OAR 409-070-0025 that wishes to
contest a determination issued by the Authority must request a hearing within
15 calendar days from the date of service of the determination and a notice of
right to a hearing.
(4) The
Authority's determination:
(a) Not to approve
a transaction at the conclusion of the preliminary review period pursuant to
OAR 409-070-0055; and
(b) That a transaction is a covered
transaction following application under OAR
409-070-0042 shall, in each
case, be interlocutory and shall not be reviewable prior to the issuance of the
final order that fully resolves the notice of material change
transaction.
(5) The
issues to be considered in a contested case conducted pursuant to this rule
shall be limited in scope to the facts and conclusions contained in the final
order or determination.
(6) In a
contested case conducted pursuant to this rule, the party requesting the
contested case hearing shall have the burden of proof.
(7) In a contested case conducted pursuant to
this rule, an administrative law judge assigned by the Office of Administrative
Hearings shall serve a proposed order on all parties and the Authority, unless
prior to the hearing the Authority notifies the administrative law judge that a
final order may be served, within 30 calendar days of the close of the
evidentiary record in the contested case.
(8) The Authority must issue a final order
within 30 days of receipt of the proposed order, which may adopt some or all of
the proposed order, as the Authority must determine in its sole discretion. The
final order is effective immediately upon being signed or as otherwise provided
in the order.
(9) The time limits
established in paragraphs (7) and (8) of this rule may be waived or shortened
by agreement among the parties and the Authority.
(10) All contested case hearing decisions are
subject to judicial review under ORS
183.482 in the Court of
Appeals.
(11) In cases where the
decision is to be made by the Department, contested case hearings for a
domestic insurer shall be conducted by the Department in accordance with ORS
732.526.
Notes
Statutory/Other Authority: ORS 415.501
Statutes/Other Implemented: ORS 415.019 & 415.500-415.900
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