OAR 800-001-0020: Hearing Request and Answers: Consequences of Failure to Answer

(1) A Request for Hearing, and Answer when required, shall be made in writing to the Board by a party or their attorney. (2) If the responding party fails to timely (within the period of time indicated in the Notice from the date of service of the Notice) submit a Request For Hearing and an Answer in the form described below, the responding parties' right to hearing shall be considered waived. (3) The Answer shall include: (a) An admission or denial of each factual matter alleged in the Notice, and (b) A short and plain statement of each relevant affirmative defense the responding party may have. (4) Except for good cause: (a) Failure to raise a particular affirmative defense in the Answer will be considered a waiver of such defense; (b) New matters, alleged in the Answer (affirmative defenses), shall be presumed to be denied by the board; and (c) Evidence shall not be taken on any issue not raised in the Notice and Answer. (5) Except where it would be unduly prejudicial to do so, the responding party may amend their Answer provided the Amended Answer is filed at least thirty (30) days before the first scheduled hearing date.