OAR 331-020-0020: Hearing Requests and Answers; Consequences of Failure to Answer

(1) A hearing request, and answer when required, shall be made in writing to the Office by the party or the party’s attorney. (2) An answer shall be made in writing to the Office with any request for a hearing on a matter related to violations alleged under ORS 675.360 to 675.410, 687.405 to 687.495, and 688.800 to 688.840, the rules adopted thereunder, or violations alleged under 676.612 when related to the practice of sex offender treatment, direct entry midwifery, or respiratory care or polysomnography. The answer shall include the following: (a) An admission or denial of each factual matter alleged in the notice; and (b) A concise statement of each relevant affirmative defense the party may have. (3) When an answer is required: (a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted; (b) Failure to raise a 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 Office; and (d) Evidence shall not be taken on any issue not raised in the notice and the answer. (4) When an answer is required, the party or party’s attorney may amend the answer, but no later than 10 days before the scheduled contested case hearing. (5) When a notice of intent is amended, the respondent has 10 days to amend the answer. The amended answer must be received by the Office at least one business day prior to the scheduled contested-case hearing.