Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 50 - CONTESTED CASE HEARING RULES
Section 839-050-0060 - Charging Documents
Universal Citation: OR Admin Rules 839-050-0060
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A charging document will contain:
(a) A
reference to the particular statutes or administrative rules involved in the
alleged violation;
(b) A short and
concise statement of the matters that constitute the alleged violation;
and
(c) A statement of the remedies
sought, the statutes or rules involved and, when appropriate, the penalty
sought.
(2) A charging document may contain statements that:
(a) When
a party fails to timely request a hearing, or having made a timely request
subsequently withdraws it, the Agency file will be the evidentiary record of
the proceeding;
(b) When a party
files an answer and a request for hearing (when required), and subsequently
notifies the Agency that it will not appear at the hearing, or, without such
notice, the party fails to appear at the hearing, the Agency's file may become
part of the contested case record; and
(c) A statement that when a party fails to
answer a charging document, the Agency file will automatically become the
contested case record, or part thereof, upon default for the purpose of proving
a prima facie case.
Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4)
Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850
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