Department of Justice
Chapter 137
Division 3
MODEL RULES OF PROCEDURE FOR CONTESTED CASES
137-003-0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing
(1) This rule applies when the agency has issued a contested case notice containing an order that was to become effective unless a party requested a hearing, has designated the agency file, including all materials submitted by a party, as the record, and the record constitutes a prima facie case.
(2) When the agency gives a party an opportunity to request a hearing and the party fails to request a hearing within the time allowed to make the request, the agency order is final and no further order need be served upon the party. The party may make a late hearing request as provided in OAR 137-003-0528.
(3) After a party requests a hearing, the agency or the administrative law judge will dismiss the request for hearing, and the agency order is final as if the party never requested a hearing if:
(a) The party that requested a hearing withdraws the request;
(b) The agency or administrative law judge notifies the party of the time and place of the hearing and the party fails to appear at the hearing; or
(c) In a matter in which only one party is before the agency, the agency or administrative law judge notifies the party of the time and place of the hearing, and the party notifies the agency or administrative law judge that the party will not appear at the hearing, unless the agency or administrative law judge agrees to reschedule the hearing.
(4) If the party fails to appear at the hearing and, before dismissing the request for hearing, the administrative law judge finds that the party had good cause for failing to appear, the administrative law judge may not dismiss the request for hearing under section (3)(b) of this rule. In this case, the administrative law judge shall schedule a new hearing. If the reasons for the party’s failure to appear are in dispute, the administrative law judge shall schedule a hearing on the reasons for the party’s failure to appear.
Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341, 183.417(4) 183.470 & 183.630
History:
DOJ 1-2012, f. 1-11-12, cert. ef. 1-31-12
DOJ 9-2007, f. 10-15-07 cert. ef. 1-1-08
DOJ 11-2005, f. 10-31-05, cert. ef. 1-1-06