Oregon Administrative Rules
Chapter 852 - BOARD OF OPTOMETRY
Division 60 - PROCEDURES FOR HANDLING COMPLAINTS
Section 852-060-0070 - Hearing Requests, Answers, and Consequences of Failure to Answer
Universal Citation: OR Admin Rules 852-060-0070
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A hearing request and answer when required by OAR 852-060-0065 must be made in writing to the Board by the party or his or her representative. Any required answer must include the following:
(a) An admission or
denial of each factual matter alleged in the notice that requires an answer;
and
(b) A short and plain statement
of each relevant affirmative defense the party may have.
(2) Except for good cause:
(a) Factual matters alleged in the notice
that require an answer and which are not denied in the answer are 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) are presumed to be denied by the Board;
and
(d) Evidence may not be taken
on any issue not raised in the notice and answer.
Stat. Auth.: ORS 683 & 182
Stats. Implemented: ORS 683.155 & 182.466
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