OAR 860-033-0009: Notice of Proposed Assessment, Hearing, and Order

(1) To request a hearing on the notice of proposed assessment, the telecommunications provider, interconnected voice over internet protocol service provider or cellular, wireless, or other radio common carrier must submit a written request for a hearing. The request for hearing must include a written response that admits or denies all factual matters alleged in the notice of proposed assessment, and alleges any and all affirmative defenses and reasoning in support thereof. Factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. The Commission must receive the request for hearing within 30 days of the date of the notice of proposed assessment was mailed. (a) If the Commission does not receive a written request for hearing within 30 days, the Commission may enter an order on default based upon information in the Commission's files. Any amount assessed by the Commission in an order on a notice of proposed assessment is due and payable ten days after the issue date of the order, unless a different due date is specified in the order. (b) If a written request for hearing is filed within the 30-day period, the Commission will grant the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier a hearing and give the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier at least 10 days' notice of the time and place of a hearing. (2) The hearing on the telecommunications provider's, the interconnected voice over internet protocol service provider’s or the cellular, wireless, or other radio common carrier’s petition is conducted under the Commission’s rules governing hearings and proceedings. (3) During the 30-day period allowed for requesting a hearing on a notice of proposed assessment under these rules, the telecommunications provider, interconnected voice over internet protocol service provider, the cellular, wireless, or other radio common carrier may file its Remittance Report and pay any surcharge, late report fee, late payment fee, and interest proposed in the notice. The Commission will accept the Remittance Report and payment if correctly calculated.