Or. Admin. Code § 811-001-0010 - Rules of Procedure in Contested Cases

(1) In addition to the requirements of the Attorney General's Model Rules of Procedure adopted by the Board, the notice to parties in contested cases may include a statement that an answer to the allegations will be requested and, if so, the consequences of failure to answer.

(2) A hearing request, and answer when requested, shall be made in writing to the Board by the party or their attorney and an answer shall 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.

(3) Except for good cause shown:

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

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

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

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

Notes

Or. Admin. Code § 811-001-0010

2CE 1-1985, f. & ef. 2-15-85; BCE 2-2012, f. & cert. ef. 10-15-12; BCE 8-2019, amend filed 05/30/2019, effective 5/31/2019

Statutory/Other Authority: ORS 183

Statutes/Other Implemented: ORS 183