Department of Consumer and Business Services
Finance and Securities Regulation - Chapter 441
Division 1
PROCEDURAL RULES
441-001-0030
Contested Case Proceedings
(1) Except for appeals to courts of appropriate jurisdiction from decisions of the Director under ORS 707.080, 707.150 or 707.180, a person shall be considered as timely requesting a contested case hearing for any program administered by the Division of Financial Regulation if the written request for hearing is received by the Director within the time specified in the notice or proposed order served on the person. The time specified in the notice or proposed order shall be as stated in the applicable program’s statutes or if none, in ORS Chapter 183.
(2) A contested case notice, in addition to the notice requirements of ORS 183.415(2), may include a statement that the record of the proceeding to date including information in the division file automatically becomes part of the contested case record upon default for the purpose of proving a prima facie case.
(3) No later than 60 days after the expiration of the time for requesting a hearing, a party may request a hearing by filing a request and an affidavit which:
(a) Shows the failure to request a hearing was due to mistake, inadvertence, surprise, or excusable neglect; and
(b) Sets forth a meritorious defense to the matters contained in the order.
(4) If the Director allows the late request, the Director shall refer the matter to the Office of Administrative Hearings. This referral does not stay the order which became final on the default. If the late request is denied, the Director shall enter an order setting forth the reasons for such denial.
Statutory/Other Authority: ORS 59.285, 59.900, 192.845, 645.205, 646.396, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260
Statutes/Other Implemented: ORS 59.295, 59.905, 97.948, 183.090, 183.430, 183.435, 192.845, 706.580, 707.080, 707.150, 707.180, 717.235, 717.265 & 725.235
History:
FSR 5-2019, minor correction filed 07/03/2019, effective 07/03/2019
FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04