OAR 340-011-0530: Contested Cases: Requests for Hearing

(1) Unless a request for hearing is not required by statute or rule, or the requirement to file a request for hearing is waived in the formal enforcement action, a person has 20 calendar days from the date of service of the notice of a right to a contested case hearing in which to file a written request for hearing unless another timeframe is allowed by statute or rule. (2) The request for hearing must include a written response that admits or denies all factual matters alleged in the notice, and alleges any and all affirmative defenses and the reasoning in support thereof. Due to the complexity, factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. New matters alleged in the request for hearing are denied by DEQ unless admitted in subsequent stipulation. (3) An amended request for hearing may be accepted by DEQ if DEQ determines that the filing of an amended request will not unduly delay the proceeding or unfairly prejudice the participants. The participant must provide DEQ with a written explanation why an amended request for hearing is needed. (4) A late request for hearing will be accepted by DEQ if: (a) The request is postmarked within 20 calendar days of service of the notice, and; (b) DEQ receives the late request for hearing within 60 days of the date the notice became final upon default. (5) A late request for hearing may be accepted by DEQ if: (a) Either the request is received by DEQ before entry of a default order or within 60 days of the date the notice became final upon default, and; (b) There was good cause for the failure to timely request a hearing. (6) The person must provide DEQ with a written explanation why the request for hearing was late. If the person fails to provide the written explanation, DEQ must not accept the late request for hearing. DEQ may require that the explanation be supported by an affidavit. (7) The filing of a late request for hearing does not stay the effect of any final order. (8) DEQ will deny a late request for hearing that is filed more than 60 days after the notice became final by default.