Oregon Administrative Rules
Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS
Division 1 - RULES OF PROCEDURE
Section 811-001-0010 - Rules of Procedure in Contested Cases
Universal Citation: OR Admin Rules 811-001-0010
Current through Register Vol. 63, No. 9, September 1, 2024
(1) In addition to the requirements of the Attorney General's Model Rules of Procedure adopted by the Board, the notice to parties in contested cases may include a statement that an answer to the allegations will be requested and, if so, the consequences of failure to answer.
(2) A hearing request, and answer when requested, shall be made in writing to the Board by the party or their attorney and an answer shall include 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.
(3) Except for good cause shown:
(a) Factual matters alleged
in the notice and not denied in the answer shall be presumed
admitted;
(b) Failure to raise a
particular defense in the answer will be considered a waiver of such
defense;
(c) New matters alleged in
the answer (affirmative defenses) shall be presumed to be denied by the agency;
and
(d) Evidence shall not be taken
on any issue not raised in the notice and answer.
Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183
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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