Or. Admin. R. 165-001-0015

Current through Register Vol. 63, No. 8, August 1, 2024

Section 165-001-0015 - Notice of Opportunity for Hearing

When the Secretary of State proposes to impose a civil penalty or find a violation of an election law, or both, under ORS 260.232, ORS 260.285, or ORS 260.995, the Secretary of State shall cause a notice to be served on the person(s) subject to the penalty. For a violation under ORS 260.232 the notice shall be served by first class mail; for a violation under ORS 260.285 or ORS 260.995 the notice shall be served by certified mail. The notice shall include:

(1) A statement of the person's right to a hearing before an Administrative Law Judge with the Office of Administrative Hearings.

(2) A statement that if the person desires a hearing, the agency must be notified within the number of days provided in ORS 260.232(3)(a), ORS 260.285 or 260.995(4)(a) whichever is applicable.

(3) A statement of the authority and jurisdiction under which the hearing is to be held.

(4) A reference to the particular sections of the statutes and rules involved.

(5) A short and plain statement of the matters asserted or charged as a violation.

(6) A statement of the amount of penalty that may be imposed.

(7) A statement that the person may be represented by counsel at the hearing.

(8) If the person is an agency, corporation or an unincorporated association, that such person must be represented by an attorney licensed in Oregon.

(9) If the person is a political committee subject to a civil penalty under ORS 260.995, that person may be represented by any officer identified in the most recent statement of organization filed with the filing officer. "Officer" means any person identified as a director on the most recent statement of organization for a political committee.

(10) A statement that the record of the proceeding to date, including the agency file or files on the subject of the contested case, automatically become part of the contested case record upon default for the purpose of proving a prima facie case.

(11) A statement that the person against whom a penalty may be assessed need not appear in person at a hearing held under ORS 260.232, 260.285 or 260.995, but instead may submit written testimony and other evidence, sworn to before a notary public, to the Secretary of State for entry in the hearing record. Such documents must be received by the Secretary of State not later than three business days prior to the hearing as provided by ORS 260.232(6), 260.285(6) and 260.995(5).

(12) A statement that unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.

Or. Admin. R. 165-001-0015

ELECT 15-1988(Temp), f. & cert. ef. 1-27-88; ELECT 26-1988, f. & cert. ef. 8-1-88; ELECT 27-1993, f. & cert. ef. 7-1-93; ELECT 9-1999, f. & cert. ef. 9-29-99; ELECT 7-2003, f. & cert. ef. 9-3-03; ELECT 19-2009, f. & cert. ef. 12-31-09; ELECT 7-2011, f. & cert. ef. 4-8-11; ELECT 10-2011, f. & cert. ef. 7-12-11; ELECT 1-2012, f. & cert. ef. 1-3-12; ELECT 14-2018, amend filed 08/08/2018, effective 8/8/2018; ELECT 7-2020, amend filed 06/11/2020, effective 6/11/2020

Statutory/Other Authority: ORS 183.090, 183.470, 246.150 & 260.285

Statutes/Other Implemented: ORS 183.341, 183.470, 260.232, 260.285 & 260.995