Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES
Section 137-003-0505 - Contested Case Notice
Universal Citation: OR Admin Rules 137-003-0505
Current through Register Vol. 63, No. 9, September 1, 2024
(1) When the agency is required to issue a contested case notice pursuant to ORS 183.415, the notice 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
authority and jurisdiction under which a hearing is to be held on the matters
asserted or charged;
(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 contested case 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;
(h) If the party
is an agency, corporation, partnership, limited liability company, trust,
government body or an unincorporated association, a statement that the party
must be represented by an attorney licensed in Oregon, unless statutes
applicable to the contested case proceeding specifically provide otherwise;
(i) If the agency proposes a
sanction, the sanction that the agency proposes based on the facts alleged in
the notice. If the proposed sanction is not the maximum potential sanction, the
agency may also state the maximum potential sanction for each violation and
that the agency may impose up to the maximum potential sanction provided in the
notice, without amending the notice; and,
(j) Any other information required by law.
(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 a party,
automatically become 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.
(3) The notice requirements imposed in subsections (1)(h) and (1)(i) apply to all notices issued after January 31, 2012.
Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341, 183.413, 183.415, 183.630 & 183.675
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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