165-001-0016 Requesting a Hearing (1) If a party wishes to request an in-person or telephone hearing to contest the allegations in the charging document, they must submit to the Agency a signed Hearing Request Form and an “answer,” to the allegations in the charging document not later than the deadline to request a hearing stated in the charging document. (a) The answer must include an admission or denial of each factual matter alleged in the charging document and a statement of each relevant defense to the allegations, including any relevant mitigating circumstance that may apply and indicate specifically what facts or transactions the mitigating circumstance applies to. (b) A general denial is not sufficient to constitute an answer. (c) The person must choose whether they want the hearing by telephone or in-person. If no choice is indicated on the form, the hearing will be held by telephone. (d) Any evidence of a mitigating circumstance or other relevant evidence may be submitted with the answer as exhibits. (2) An answer not including the information required by this rule may be disregarded and a notice of default may be issued in accordance with OAR 165-001-0025 as if no answer had been filed. (3) Except for good cause shown to the administrative law judge, factual matters alleged in the charging document and not denied in the answer will be deemed admitted by the party. (4) The failure of the party to raise a mitigating circumstance in the answer is a waiver of such mitigating circumstance. (5) The party bears the burden of proof to show that all or part of the penalty should be mitigated based on a mitigating circumstance. (6) Any new facts or defenses alleged in the answer will be deemed denied by the Agency. (7) Evidence will not be taken at the contested case hearing on any factual or legal issue not raised in the charging document or the answer as filed. (8) The person against whom a civil penalty may be assessed need not appear in person or by telephone at a hearing held under ORS 260.232, ORS 260.285 or 260.995, but instead may submit written notarized testimony as provided in OAR 165-001-0015(11). The Elections Division may also submit notarized testimony. The Elections Division notarized testimony must be received by the Office of Administrative Hearings not later than 5:00 p.m. on the scheduled date of the hearing. If the Elections Division does not submit notarized testimony, the Elections Division exhibits become part of the case file and may establish the basis for liability. (9) Form SEL 850 is the Hearing Request Form, Campaign Finance Transactions to be used to request an in-person or telephone hearing, or submit notarized testimony to contest campaign finance transaction violations. (10) Form SEL 851 is the Hearing Request Form, Other Campaign Finance Violations to be used to request an in-person or telephone hearing, or submit notarized testimony to contest campaign finance violations, other than those violations relating to late or insufficient campaign finance transactions. (11) Form SEL 852 is the Hearing Request Form, Non-Campaign Finance Violations, to be used to request an in-person or telephone hearing, or submit notarized testimony, to contest non-campaign finance violations. Statutory/Other Authority: ORS 246.150 & 260.285 Statutes/Other Implemented: ORS 260.232, 260.285 & 260.995 History: ELECT 7-2020, amend filed 06/11/2020, effective 06/11/2020 ELECT 14-2018, amend filed 08/08/2018, effective 08/08/2018 ELECT 4-2018, amend filed 01/03/2018, effective 01/03/2018 ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16 ELECT 1-2012, f. & cert. ef. 1-3-12 ELECT 7-2011, f. & cert. ef. 4-8-11