Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES
Section 137-003-0001 - Contested Case Notice
Universal Citation: OR Admin Rules 137-003-0001
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The agency's contested case notice issued pursuant to ORS 183.415 shall include:
(a) A caption with the name of the agency and
the name of the person or agency to whom the notice is issued;
(b) A short and plain statement of the
matters asserted or charged and a reference to the particular sections of the
statute and rules involved;
(c) A
statement of the party's right to be represented by counsel and that legal aid
organizations may be able to assist a party with limited financial
resources;
(d) A statement of the
party's right to a hearing;
(e) A
statement of the agency's authority and jurisdiction to hold a hearing on the
matters asserted or charged; and
(f) Either:
(A) A statement of the procedure and time to
request a hearing, the agency address to which a hearing request should be
sent, and a statement that if a request for hearing is not received by the
agency within the time stated in the notice the person will have waived the
right to a hearing; or
(B) A
statement of the time and place of the hearing.
(g) A statement indicating whether and under
what circumstances an order by default may be entered.
(2) A contested case notice may include either or both of the following:
(a) A
statement that the record of the proceeding to date, including information in
the agency file or files on the subject of the contested case and all materials
submitted by the party, automatically becomes part of the contested case record
upon default for the purpose of proving a prima facie case;
(b) A statement that a collaborative dispute
resolution process is available as an alternative to a contested case hearing,
if requested within the time period stated in the notice, and that choosing
such a process will not affect the right to a contested case hearing if a
hearing request is received by the agency within the time period stated in the
notice and the matter is not resolved through the collaborative
process.
Stat. Auth.: ORS 183.341 & 183.502
Stats. Implemented: ORS 183.341(1), 183.413, 183.415(7) & 183.502, HB 2423 (2007)
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