OAR 820-001-0015: Hearing Request and Answers: Consequences of Failure to Answer

(1) A hearing request, and answer when required, shall be made in writing to the Board by the party or the party’s attorney. (2) An answer shall be made in writing to the Board with any request for a hearing on a matter related to the following categories of cases where the proposed violation(s) involves allegations of: (a) Examination subversion or irregularities; (b) Denials of enrollments, certificates or registrations due to lack of education or experience; (c) Right of entry violations under ORS 672.047; (d) Violations of rules and statutes relating to professional conduct; (e) Negligence, gross negligence or incompetence; (f) Stamping or signing work that was not performed under the Registrant’s supervision and control; or (g) Unlicensed practice of engineering, land surveying, photogrammetry, or water right examination. (3) The answer shall include the following: (a) An admission or denial of each factual matter alleged in the notice; and (b) A short, concise statement of each relevant affirmative defense the party may have. (4) 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 particular 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 agency; and (d) Evidence shall not be taken on any issue not raised in the notice and the answer. (5) When an answer is required, the party or party’s attorney may amend the response and answer, but no later than 10 days before the scheduled contested case hearing.