(1) A hearing request shall be made in writing to the Board by the party or his/her representative and shall include an answer, which includes the following:
- (a) An admission or denial of each factual matter alleged in the notice;
- (b) A short and plain statement of each relevant affirmative defense the party may have.
- (2) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;
- (3) Failure to raise a particular defense in the answer will be considered a waiver of such defense; and
- (4) Affirmative defenses alleged in the answer shall be presumed to be denied by the Board.
Statutory/Other Authority
ORS 686.210
Statutes/Other Implemented
ORS 686.020, 686.045 & 686.065
History
VMEB 1-2006, f. & cert. ef. 2-8-06