Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 1 - PROCEDURAL RULES › Section 462-001-0008 - Hearing Request and Answers; Consequences of Failure to Answer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Request for Hearing and Answer shall be
			 made in writing to the Executive Director of the commission and mailed to P.O.
			 Box 366 Gresham, OR 97030 or faxed to (971) 673-0213; or email to
			 orc.info@orc.oregon.gov by the party or the party's attorney. To be considered
			 timely, a request for a hearing and answer must:
(a) Be in writing; and
(b) Be received by the commission within the
			 number of calendar days from the date the Notice was mailed/served by the
			 commission, as set forth in the commission's statutes and where appropriate, in
			 the Administrative Procedures Act, for each class of hearing:
(A) If pursuant to ORS
			 462.090(1), (2) and
			 (5) the commission notice provides for right
			 to a hearing before a proposed revocation, or provides for right to a hearing
			 before a proposed suspension, or provides for right to a hearing before
			 assessment of a proposed civil penalty - the Request for Hearing and Answer
			 must be received by the commission within 21 days of the service of the
			 commission notice per ORS
			 183.415(2);
(B) If the commission notice provides for
			 right to a hearing before a proposed refusal to issue or to renew a license per
			 ORS 462.075 or ORS
			 462.090(1) or
			 (2) - the Request for Hearing and Answer must
			 be received by the commission within 60 days of service of the commission
			 notice per ORS 183.435;
(C) If the commission notice is sent in the
			 form of an order of suspension that does not provide for right to a hearing
			 before the suspension goes into effect (an emergency suspension other than a
			 reciprocal emergency suspension permitted in subsection v. below or an ADW
			 emergency suspension permitted in subsection vi. below) - the Request for
			 Hearing and Answer must be received by the Commission within 90 days of service
			 of the commission notice per ORS
			 183.430(2);
(D) If any person is excluded/ejected from a
			 race course on an emergency basis then the person has 10 days from the date of
			 the exclusion/ejection to submit a Request for Hearing and Answer to the
			 commission per ORS 462.080;
(E) If a licensee's license is suspended by
			 another state, the commission may issue an order emergency suspending the
			 licensee's license and the licensee may, within ten days of the mailing of the
			 commission's suspension order, request an immediate (within 30 days)
			 hearing;
(F) If an ADW has placed
			 moneys belonging to members of the public at risk, then notwithstanding ORS
			 183.430(1) the
			 commission may, per ORS
			 462.735(1),
			 issue an order emergency suspending or refusing to renew the ADW licensee's
			 license - the Request for Hearing and Answer must be received by the commission
			 within 60 days of the service of the commission notice refusing to renew or
			 within 90 days of service of the commission order of emergency
			 suspension;
(G) If an ADW has
			 intentionally violated federal or Oregon law or commission rules then,
			 notwithstanding ORS 183.430(1), the
			 commission may per ORS
			 462.735(2),
			 after providing at least 14- days-notice of its intent to act, issue an order
			 emergency suspending or refusing to renew the ADW licensee's license - the
			 Request for Hearing and Answer must be received by the commission within 60
			 days of service of the commission notice refusing to renew or within 90 days of
			 service of the commission order of emergency suspension.