justicedao/ipfs_state_laws huggingface dataset:
808-008-0440 Payments from Licensee’s Bond If an award or amended award requires payment by a licensee and the licensee fails to pay the award, the award is payable from the surety bond or deposit of the business to the extent payment is authorized under ORS 671.710. Payments from the bond or deposit shall be subject to the laws in ORS chapter 671 and rules in division 4 of this chapter, including but not limited to OAR 808-004-0600. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183, 671.703, 671.707 & 671.710 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100
808-008-0460 Filing with Court; Exceptions (1) A party may petition the court to confirm an award under ORS 36.700. The petitioning party shall serve the agency with a copy of a petition filed under this section. (2) A party may petition the court to vacate, modify or correct an award under ORS 36.705 or 36.710. The petitioning party shall serve the agency with a copy of the petition filed under this section. (3) Failure of a party to serve the agency under section (2) and (3) of this rule constitutes a waiver of any objection to transmittal of the award to respondent’s surety company for payment under OAR 808-004-0600. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0480 Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator’s powers. All other rules shall be interpreted and applied by the agency administrator or a person designated by the agency administrator. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0500 Immunity of Arbitrator Immunity of arbitrator and the Office of Administrative Hearings are subject to ORS 36.660(1) to (3). Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0511 Competency of Arbitrator to Testify Competency of an arbitrator to testify and produce records is subject to ORS 36.660(4). Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05
808-008-0521 Attorney Fees and Costs If a person commences a civil action against an arbitrator, the Office of Administrative Hearings or a representative of the Office of Administrative Hearings, arising from the services of the arbitrator, the Office of Administrative Hearings or a representative of the Office of Administrative Hearings or if a person seeks to compel an arbitrator or representative of the Office of Administrative Hearings to testify or produce records in violation of OAR 808-008-0510, the court may award attorney fees and costs as provided in ORS 36.660(5). Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05
808-009-0010 Application of Rules Contested case hearings on claims arising under ORS 671.690–671.710 shall be governed by OAR 808-009-0020 through 808-009-0220 and 137-003-0501 through 137-003-0700. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
808-009-0020 Amendment to Declaration of Damages (1) If the agency refers a claim to the Office of Administrative Hearings for a hearing on the amount that the respondent owes the claimant, the claimant may amend the amount the claimant alleges the respondent owes the claimant by filing an amended declaration of damages form. An amended declaration of damages must be delivered to the administrative law judge or Office of Administrative Hearings as required by OAR 137-003-0520 and 808-009-0085. An amended declaration of damages filed under this section must be received by the administrative law judge or the Office of Administrative Hearings no later than 14 days prior to the scheduled date of a hearing on the matter. (2) An amended declaration of damages filed under section (1) of this rule must be on a form provided by the agency or on a form that substantially conforms to the form provided by the agency. The amended declaration of damage must state the amount alleged to be owed by the respondent, limited to items of complaint in the Statement of Claim. The amended declaration of damages must be signed by the claimant. (3) An amended declaration of damages making a significant change in the amount the claimant alleges that the respondent owes the claimant may be good cause to postpone the scheduled hearing under OAR 137-003-0525 if the time left before the hearing is insufficient to prepare for a hearing on the amended amount. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671 History: LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 Reverted to LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-009-0050 Providing Required Information to Parties The agency delegates to the Office of Administrative Hearings or the law judge assigned to hear a claim the responsibility to provide the information required to be given to each party under ORS 183.413(2) and 137-003-0510(1). Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
808-009-0060 Hearing Postponement If a party requests postponement of a hearing, the request may be granted: (1) The request is promptly made after the party receives the notice of hearing or is promptly made after emergency or unforeseen circumstances arise; and (2) The party establishes circumstances that prevent attendance by the party at the scheduled hearing; and (3) The circumstances preventing attendance at the hearing are beyond the reasonable control of the requesting party. Statutory/Other Authority: ORS 183.415, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671 History: LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00
808-009-0070 Suspending Processing (1) An administrative law judge may suspend or cancel a hearing at any time if the administrative law judge finds that the nature or complexity of the issues is such that a court is a more appropriate forum for adjudication. If a administrative law judge suspends or cancels a hearing under this rule, the administrative law judge shall refer the claim to the agency with a memorandum recommending that processing of the claim be suspended under ORS 671.703 and OAR 808-004-0520 and stating the basis of the recommendation. A copy of this memorandum shall be served on the parties. (2) If a claim is referred to the agency under section (1) of this rule, the agency may: (a) Suspend processing the claim; or (b) Refer the claim back to the administrative law judge with instructions to resume the hearing. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
808-009-0080 Administrative Law Judge A contested case hearing may be held before an administrative law judge of the agency. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671 History: LCB 3-2000, f. & cert. ef. 7-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-009-0085 Filing of Documents Unless otherwise provided in these rules, the agency waives the right to receive copies of documents served under OAR 137-003-0520(2). Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
808-009-0090 Authorized Representation of a Party A party or limited party participating in a claim contestedcase hearing before the agency may be represented by an authorized representative, as provided in OAR 137-003-0555. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.455 History: LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-001-0035 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1990(Temp), f. & cert. ef. 3-28-90 LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 Sunset on 09-28-2017 LCB 1-2000, f. & cert. ef. 2-1-00 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1990(Temp), f. & cert. ef. 3-28-90 LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
808-009-0095 Discovery and Subpoenas (1) The agency delegates to the hearing officer assigned to hear a claim the authority to: (a) Order and control discovery under OAR 137-003-0570 related to the hearing on the claim, except an hearing officer may not authorize a party to take a deposition that must be paid for by the agency. (b) Issue subpoenas under OAR 137-003-0585 that are related to the hearing on the claim. (2) The agency waives receipt of notice that a party seeks to take the testimony of a witness by deposition under OAR 137-003-0570. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
808-009-0100 Burden of Proof and Failure to Meet Burden (1) A claimant must submit sufficient credible evidence into the record to prove that: (a) The claimant suffered damages; (b) Respondent caused those damages by performing negligent or improper work or a breach of contract in performing work subject to ORS 671.510 to 671.710; and (c) The monetary value of those damages is substantiated on the record. (2) If the claimant fails to carry the burden of proof described in section (1) of this rule, the administrative law judge shall dismiss the claim. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-009-0120 Determination of Validity of Claim In determining the validity of the claim, the administrative law judge shall determine: (1) Whether the claim arose out of a transaction within the scope of ORS 671.510 to 671.710; (2) Whether the agency has jurisdiction over the matters at issue; (3) Whether: (a) Claimant suffered damages; (b) Respondent caused those damages by performing negligent or improper work or a breach of contract in performing work subject to ORS 671.510 to 671.710; and (c) The monetary value of those damages is substantiated on the record. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-009-0140 Failure to Appear (1) "Order" as used in this rule means a proposed and final order a law judge is authorized to issue under OAR 808-009-00160. (2) If the administrative law judge notified the parties to a claim of the time and place of a hearing on the claim, and a party failed to appear at the hearing, the administrative law judge may enter an order by default under OAR 137-003-0670(1)(c) that: (a) Is adverse to a party only upon a prima facie case made on the record as required by OAR 137-003-0670(3); or (b) Dismisses the claim based on a lack of evidence in the record supporting claimant’s claim, but only if: (A) The agency did not designate the agency file as the record for purposes of an order by default in the contested case notice issued under OAR 808-004-0560; and (B) The claimant failed to appear at the hearing. Authorized for use by Attorney General order dated December 13, 2002. (Section (1) based on former OAR 808-004-0030(13) (1999); section (2) based on former OAR 808-004-0030(14) (1999)) Statutory/Other Authority: ORS 183, 670, 670.310 & 671 Statutes/Other Implemented: ORS 183, 670 & 671 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 6-2002, f. & cert. ef. 12-18-02 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-009-0160 Order Based on Hearing, Limitation on Order (1) "Order" as used in sections (2) to (5) of this rule means a proposed and final order a administrative law judge is authorized to issue under section (6) of this rule. (2) If a claim is referred for a hearing to determine the amount, if any, that a respondent owes a claimant, the administrative law judge may not issue an order in an amount greater than the total amount claimant alleges respondent owes claimant in: (a) The most recent declaration of damages or amended declaration of damages filed under OAR 808-004-0540, 808-004-0550 or 808-009-0020; or (b) The Statement of Claim filed under OAR 808-004-0340, if no declaration of damages was filed. (3) If a claim is referred for a hearing to determine whether any portion of a judgment is within the jurisdiction of the agency, the administrative law judge may not issue an order requiring payment of an amount greater than the amount of the judgment. (4) An order issued by an administrative law judge may direct specific performance on the part of the respondent, order the respondent to pay monetary damages to the claimant or dismiss the claim. (5) An administrative law judge shall consider any amounts due to the respondent from the claimant under the terms of the contract and reduce the amount of an order by that amount. (6) Except as provided in OAR 808-009-0200, an administrative law judge shall issue a proposed and final order under OAR 137-003-0645(4) that shall automatically become a final order 21 days after the date of issue without further notice unless; (a) A party files timely exceptions under OAR 808-009-0400; (b) The agency requests that the administrative law judge hold a further hearing or revise or amend the proposed order under OAR 137-003-0655(1); (c) The agency issues an amended proposed order under OAR 137-003-0655(3); or (d) The agency notifies the parties and the administrative law judge that the agency will issue the final order. (7) If a limitation on damages under section (2) is based on a declaration of damages or Statement of claim that includes an itemization of claim items and the total of those items is different from the total damages claimant alleges is due from the respondent, the limitation on damages shall be based on the larger of the two totals. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 5-2003, f. & cert. ef. 8-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-009-0180 Recording of Hearing The record of agency hearings will include a tape recording of the proceeding. The agency may dispose of tape recordings of agency hearings when ninety days have passed after issuance of a final order in the matter. However, if a petition for judicial review is timely filed, the agency may not dispose of tape recordings of agency hearings until the Court of Appeals has completed its judicial review. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 History: Reverted to LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 Suspended by LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-009-0200 Final Order without a Proposed Order If the parties voluntarily agree to a settlement of a claim in accordance with ORS 183.415(5) and the settlement agreement includes an agreement for future performance, the administrative law judge shall issue an intermediate order containing any necessary findings of fact and return the claim to the agency for further processing and issuance of the final order. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03
808-009-0220 Petition for Reconsideration or Rehearing; Request for Stay A petition for reconsideration or rehearing under OAR 137-003-0675 or a request for a stay under OAR 137-003-0690 of a final order on a claim issued by an administrative law judge under this division must be filed with the agency. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00
808-009-0300 Hearing Notice and Limitation on Final Civil Penalty Order A notice of hearing shall contain the amount of the civil penalty sought by the agency. The administrative law judge shall not issue a final civil penalty order in an amount greater than that shown in the notice of hearing. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 History: LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-005-0010 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 Sunset on 09-28-2017 LCB 1-2000, f. & cert. ef. 2-1-00 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
808-009-0315 Hearing Request and Answers; Consequences of Failure to Answer (1) A hearing request and answer must be made in writing to the board by the party or the party’s attorney within 60 days of the board’s issuance of a notice of license denial and within 21 days of the board’s issuance of any other notice. (2) Failure to raise an affirmative defense in the answer shall be considered a waiver of such defense. New matters alleged in the answer (affirmative defenses) shall be presumed denied by the Board. (3) Evidence at a hearing shall not be taken on any issue not raised in the notice and answer. (4) The party or party’s attorney may amend the response and answer, but no later than 10 days before the scheduled contested case hearing. (5) For certain complex cases, the hearing request and answer must include specific elements. The types of cases that for which a special hearing request and answer are required are: (a) Unlicensed performance of landscaping work as a landscape construction professional or operating as a landscape contracting business; (b) Unlicensed advertisement or representation of a landscape contracting business or landscape construction professional; (c) Violations of failure to comply with ORS 671.510 to 671.760 and/or OAR chapter 808. (6) The specific elements required when a hearing request and answer are made for a type of case listed in subsection (2) are: (a) An answer must include an admission or denial of each factual matter alleged in the notice; (b) An answer must include a short and plain explanation of each denial; (c) Factual matters alleged in the board’s proposed order and not denied in the answer shall be presumed admitted. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 305, 314, 316, 317, 318, 656, 657, 671.525 & 671.520 History: LCB 6-2014, f. 5-30-14, cert. ef. 6-1-14
808-009-0320 Administrative Law Judge; Entry of Agency Evidence Contested case enforcement hearings may be held before an administrative law judge of the agency. The agency’s evidence may be entered into the record by the administrative law judge or by another representative of the agency. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 History: LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-005-0010 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 Sunset on 09-28-2017 LCB 1-2000, f. & cert. ef. 2-1-00 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88