1. (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:

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

2. (2) Except for good cause:

   1. (a) Factual matters alleged in the notice that require an answer and which are not denied in the answer are 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) are presumed to be denied by the Board; and
   4. (d) Evidence may not be taken on any issue not raised in the notice and answer.

Statutory/Other Authority

ORS 683 & 182

Statutes/Other Implemented

ORS 683.155 & 182.466

History

OPT 1-2013, f. & cert. ef. 1-3-13
OPT 2-2004, f. & cert. ef. 5-20-04