Or. Admin. R. 335-001-0008

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

Section 335-001-0008 - Requesting a Hearing; Stating Claims and Defenses

(1) When requesting a hearing, or within fourteen (14) days following a request for hearing, the person responding to the notice must admit or deny, in writing, all factual matters stated in the notice. Any factual matters not denied shall be presumed admitted.

(2) When requesting a hearing, or within fourteen (14) days following a request for hearing, the person responding to the notice shall affirmatively state, in writing, any and all claims or defenses the person may have and the reason that supports the claim of defense. Failure to raise a claim or defense shall be presumed to be a waiver of such claim.

(3) Evidence shall not be taken on any issue not raised in the notice and either the request for hearing or a subsequent statement within fourteen (14) days following the request for hearing as required in sections (1) and (2) of this rule.

Or. Admin. R. 335-001-0008

SPA 1-2008, f. &cert. ef. 4-10-08

Stat. Auth.: ORS 681.420(5)

Stats. Implemented: ORS 183.341