OAR 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 contested case 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 contested case hearing within 15 calendar days from the date of service of the determination and a notice of right to a hearing. (4) The person or entity to which a civil penalty imposed under OAR 409-070-0067 is addressed will have 20 calendar days from the date of service of the Notice to request a contested case hearing. (a) If the person or entity fails to request a hearing within the time specified in the Notice, the Authority will issue an Order assessing a civil penalty. (b) If the Order is not appealed, the amount of penalty is payable within 10 calendar days after the Order is entered. (c) If the Order is appealed and is sustained, the amount of the penalty is payable within 10 calendar days after the court decision. (d) The Order, if not appealed or sustained on appeal, will constitute a judgment and may be filed in accordance with the provisions of ORS 18.005 to 18.428. Execution may be issued upon the order in the same manner as execution upon a judgment of a court of record. (5) All requests for a contested case hearing shall be in writing and submitted to the Authority as provided in the Notice or Final Order. If the written request for a contested case hearing is not received by the required deadline, the Authority will issue a final order. (6) 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. (7) 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. (8) In a contested case conducted pursuant to this rule, the party requesting the contested case hearing shall have the burden of proof. (9) 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. (10) 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. (11) 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. (12) All contested case hearing decisions are subject to judicial review under ORS 183.482 in the Court of Appeals. (13) 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.