1. (1)  In addition to the requirements of the Attorney General's Model Rules of Procedure adopted by the Board, the notice to parties in contested cases may include a statement that an answer to the allegations will be requested and, if so, the consequences of failure to answer.

2. (2) A hearing request, and answer when requested, shall be made in writing to the Board by the party or their attorney and an answer shall include the following:

   1. (a) An admission or denial of each factual matter alleged in the notice;
   2. (b) A short and plain statement of each relevant affirmative defense the party may have.

3. (3) Except for good cause shown:

   1. (a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;
   2. (b) Failure to raise a particular defense in the answer will be considered a waiver of such defense;
   3. (c) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and
   4. (d) Evidence shall not be taken on any issue not raised in the notice and answer.

Statutory/Other Authority

ORS 183

Statutes/Other Implemented

ORS 183

History

BCE 8-2019, amend filed 05/30/2019, effective 05/31/2019
BCE 2-2012, f. & cert. ef. 10-15-12
2CE 1-1985, f. & ef. 2-15-85