839-050-0080 Notice of Hearing (1) When a party makes a timely written request for a contested case hearing, that hearing will be scheduled in accordance with OAR 839-050-0070 and the Contested Case Coordinator will issue a Notice of Hearing from the Forum to the participants. (2) When Formal Charges are issued, the notice of hearing will accompany the Formal Charges. (3) In civil rights housing cases only, unless an aggrieved person or respondent named in a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law elects to have the matter heard in circuit court under 659A.885 (see 659A.870(4)(b)), a contested case hearing must commence no later than 120 days after Formal Charges are issued. If it is not practicable to commence the hearing within 120 days after Formal Charges are issued, the Administrative Law Judge will include on the Notice of Hearing or in a separately issued document the general reasons for the delay and will schedule the hearing as soon as practicable. (4) A Notice of Hearing will include: (a) A statement of the time and place of the hearing, including the statement that the hearing will reconvene on successive business days thereafter until concluded; (b) A statement of the authority and jurisdiction under which the hearing is to be held; (c) A reference to the particular sections of the statutes and rules involved; (d) A short and plain statement of the matters asserted or charged; (e) The name of the Administrative Law Judge designated by the commissioner to preside over the contested case and whether the Administrative Law Judge is an employee of the Agency; and (f) A statement indicating whether the case for the Agency will be presented by the Oregon Department of Justice or by an Agency Administrative Prosecutor. (5) Sections (3)(c) and (d) above are satisfied if the Notice of Hearing attaches and incorporates a charging document that includes the matters referred to in those paragraphs. (6) The Notice of Hearing may contain a statement that: (a) When a party fails to timely request a hearing, or having made a timely request subsequently withdraws it, the Agency file will be the evidentiary record of the proceeding; (b) When, following an answer and request for hearing (when required), the party subsequently notifies the Agency that the party will not appear at the hearing, or, without such notice, the party fails to appear at the hearing, the Agency file will become the contested case record, or a part thereof; and (c) When a party fails to answer a charging document, the Agency file will become the contested case record, or part thereof, upon default for the purpose of proving a prima facie case. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845, 659A.850 & 659A.870 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 10-2014, f. & cert. ef. 9-4-14 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 12-2010, f. 3-1-10, cert. ef. 3-3-10 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0055 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 12-1986, f. 10-29-86, ef. 10-30-86 BL 8-1986, f. & ef. 9-2-86