Or. Admin. R. 629-032-0050 - Contested Case Hearing
(1) Within
15 days of the date of the Notice of Default from the forester stating the
reason for the default and effective date of the default, the purchaser may
request a contested case hearing before the forester to determine whether a
default was committed by the purchaser. The hearing, if requested, is the
purchaser's opportunity to prove that it did not commit a default. Within 60
days of submitting a request for hearing, the purchaser must submit to the
forester a detailed and comprehensive written statement explaining why the
purchaser believes it did not commit a default. The statement must be
accompanied by copies of all documentary and other evidence that the purchaser
will rely on at the hearing to establish that it did not commit a default. Only
those grounds identified in the purchaser's statement, and supported by the
evidence accompanying the statement, may be relied on by the purchaser at the
hearing to prove that the purchaser did not commit a default.
(2) The hearing shall be governed by ORS
183.413 to
183.497. A hearings officer may
be appointed by the forester to hear the case. However, the hearings officer
shall not have the authority to issue a final order. Any final order issued
under this rule shall be signed by the forester and may be appealed as provided
in ORS 183.482.
Notes
Stat. Auth.: ORS 526 & ORS 530
Stats. Implemented ORS 183.413 - ORS 183.497, 526.041, ORS 526.046 & ORS 530.059
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