OAR 852-060-0070: Hearing Requests, Answers, and Consequences of Failure to Answer

(1) A hearing request and answer when required by OAR 852-060-0065 must be made in writing to the Board by the party or his or her representative. Any required answer must include the following: (a) An admission or denial of each factual matter alleged in the notice that requires an answer; and (b) A short and plain statement of each relevant affirmative defense the party may have. (2) Except for good cause: (a) Factual matters alleged in the notice that require an answer and which are not denied in the answer are 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) are presumed to be denied by the Board; and (d) Evidence may not be taken on any issue not raised in the notice and answer.