Current through Register Vol. 63, No. 9, September 1, 2024
(1) A party may
contest a charging document or a tax imposed under ORS Chapter 473 by
requesting a contested case hearing. The request for hearing must be in writing
and timely filed. The time limit for filing a request is:
(a) 60 days after service of a charging
document defined in OAR
845-003-0220(2)(a),
with the following exceptions:
(i) 20 days
after service of a charging document denying a renewal of a license under ORS
471.313(5);
(ii) 30 days after service of a charging
document denying an application for a service permit; except that the time
limit shall be 15 days for a denial that is based on failure to complete the
alcohol server education course and examination; and
(iii) 30 days after service of a charging
document denying an application for a marijuana handler permit; except that the
time limit shall be 15 days for a denial that is based on a failure to complete
the marijuana handler permit education course and examination.
(b) 30 days after service of a
charging document defined in OAR
845-003-0220(2)(b),
except that the time limit shall be 20 days if the violation is based on ORS
471.315(1)(c);
(c) 30 days after service of an audit issued
by Financial Services Division of the Commission;
(d) Within the time period provided in the
retail sales agent agreement between the Commission and the agent, if the
agreement provides for a hearing;
(e) Within the time period provided in the
charging document for all other matters not listed above.
(2) A written Answer to a charging document
may be required. The Answer must be filed in writing and submitted to the
Commission with the request for hearing. A party must file an Answer in
response to:
(a) A charging document as
defined in 845-003-0220(2)(a);
(b) A charging document as defined in
845-003-0220(2)(b),
if the violation is a Category I or II violation; and
(c) A charging document as defined in
845-003-0220(2)(c).
(3) The Answer must specify:
(a) An admission or denial of each factual
matter alleged in the charging document; and
(b) What defense or defenses the party will
rely upon;
(c) A general denial is
not sufficient to constitute an Answer.
(4) When an answer is required under section
(2):
(a) Factual matters alleged in the
charging document 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
at the contested case hearing on any issue not raised in the charging document
or answer.
(5) When an
answer is required under section (2), the party may amend the answer, except
when doing so would be unduly prejudicial.
Statutory/Other Authority: ORS
183.341(2),
183.745 &
471.730(5) &
(6) &
475C.017(2)(d)
Statutes/Other Implemented: ORS
183.341(2),
183.430(2),
183.435,
183.745,
471.331(1)
& 471.380(2)
