OAR 137-003-0505: Contested Case Notice

(1) When the agency is required to issue a contested case notice pursuant to ORS 183.415, the notice shall include: (a) A caption with the name of the agency and the name of the person or agency to whom the notice is issued; (b) A short and plain statement of the matters asserted or charged and a reference to the particular sections of the statute and rules involved; (c) A statement of the party's right to be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources; (d) A statement of the party's right to a hearing; (e) A statement of the authority and jurisdiction under which a hearing is to be held on the matters asserted or charged; (f) Either: (A) A statement of the procedure and time to request a hearing, the agency address to which a hearing request should be sent, and a statement that if a request for hearing is not received by the agency within the time stated in the notice the person will have waived the right to a contested case hearing; or (B) A statement of the time and place of the hearing; (g) A statement indicating whether and under what circumstances an order by default may be entered; (h) If the party is an agency, corporation, partnership, limited liability company, trust, government body or an unincorporated association, a statement that the party must be represented by an attorney licensed in Oregon, unless statutes applicable to the contested case proceeding specifically provide otherwise; (i) If the agency proposes a sanction, the sanction that the agency proposes based on the facts alleged in the notice. If the proposed sanction is not the maximum potential sanction, the agency may also state the maximum potential sanction for each violation and that the agency may impose up to the maximum potential sanction provided in the notice, without amending the notice; and, (j) Any other information required by law. (2) A contested case notice may include either or both of the following: (a) A statement that the record of the proceeding to date, including information in the agency file or files on the subject of the contested case and all materials submitted by a party, automatically become part of the contested case record upon default for the purpose of proving a prima facie case; (b) A statement that a collaborative dispute resolution process is available as an alternative to a contested case hearing, if requested within the time period stated in the notice, and that choosing such a process will not affect the right to a contested case hearing if a hearing request is received by the agency within the time period stated in the notice and the matter is not resolved through the collaborative process. (3) The notice requirements imposed in subsections (1)(h) and (1)(i) apply to all notices issued after January 31, 2012.