Board of Nursing
Chapter 851
Division 1
RULES OF PRACTICE AND PROCEDURE
851-001-0007
Hearing Request
(1) A hearing request must be made in writing to the Board by the party or by the party's authorized representative. To be considered timely, a request for hearing must:
(a) Be in writing; electronic notification is acceptable.
(b) Per ORS 183.415 for a current Board licensee or certificate holder, the request must be received by the Board within a reasonable period. The Board has deemed reasonable as 20 calendar days from the date the notice is mailed. Per ORS 183.435 for an applicant for license or certificate, the request must be received no later than 60 days after the date the notice was mailed.
(2) A request for an extension in which to file an answer to the Notice must be submitted in writing and must be received by the date listed in section (1) (b) of this rule. Extensions may be granted only upon a showing of good cause.
(3) A hearing request shall be deemed untimely if it is received by the Board after the close of business (4:30 p.m.) on or after the 20th calendar day from the date the Notice was mailed, and shall be deemed a default by the party. Unless the Board determines that the late filing was beyond the control of the party, the Board may issue a final order by default.
Statutory/Other Authority: ORS 678.150
Statutes/Other Implemented: ORS 183.341 & ORS 678.150
History:
BN 15-2021, amend filed 07/20/2021, effective 08/01/2021
BN 10-2019, amend filed 11/22/2019, effective 01/01/2020
BN 9-2004, f. & cert. ef. 5-4-04
BN 4, f. & cert. ef. 4-24-00
NB 11-1990, f & cert. ef 11-6-90
NER 6-1985, f & ef 9-27-85
NER 1-1985(Temp), f & ef 3-8-85