Oregon Administrative Rules
Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION
Division 1 - PROCEDURAL RULES
Section 165-001-0034 - Notarized Testimony in lieu of Hearing
Current through Register Vol. 63, No. 3, March 1, 2024
(1) If a party wishes to contest the allegations in the charging document, but does not wish to request an in person or telephone hearing, the party may submit notarized testimony in lieu of a hearing.
(2) The notarized testimony must be filed with the Agency not later than the deadline to request a hearing stated in the charging document.
(3) The notarized testimony must:
(4) After the party submits notarized testimony, the Agency may submit notarized testimony and any exhibits to the Office of Administrative Hearings (OAH) and to the individual who submitted notarized testimony. If the Agency submits notarized testimony, it will be transmitted via email to the party and via the OAH hearing portal to OAH. The Agency may mail its notarized testimony to the party's last known address if the party's email address is unknown or the e-mail is returned as undeliverable.
(5) The party may, but is not required to, respond to the Agency testimony by submitting rebuttal notarized testimony.
(6) If a person submits notarized testimony in lieu of requesting an in person or telephone hearing, the person is waiving their right to an in person or telephone hearing.
(7) The deadline to issue a final order when notarized testimony is submitted in lieu of an in-person or telephone hearing is not later than 90 days after the hearing record is closed.
Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.232 & 260.995