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Oregon Bulletin

November 1, 2012

Board of Chiropractic Examiners, Chapter 811

Rule Caption: Rules of Procedure in Contested Cases Amendments and date change.

Adm. Order No.: BCE 2-2012

Filed with Sec. of State: 10-15-2012

Certified to be Effective: 10-15-12

Notice Publication Date: 7-1-2012

Rules Amended: 811-001-0005, 811-001-0010

Subject: 811-001-0010

 Rules of Procedure in Contested Cases

 (1) In sexual boundary and unprofessional conduct cases; The Board requires an answer to charges as part of notices to parties in contested cases: In addition to the requirements of the Attorney General’s Model Rules of Procedure adopted by the Board, the notice to parties in contested cases may include a statement that an answer to the assertions or charges will be requested and, if so, the consequences of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of section (2) of this rule with the notice.

 (2) In sexual boundary and unprofessional conduct cases, hearing requests and answers: Consequences of failure to answer:

 (a) A hearing request, and answer when requested, shall be made in writing to the Board by the party or his attorney and an answer shall include the following:

 (A) An admission or denial of each factual matter alleged in the notice;

 (B) A short and plain statement of each relevant affirmative defense the party may have.

 (b) Except for good cause:

 (A) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;

 (B) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

 (C) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and

 (D) Evidence shall not be taken on any issue not raised in the notice and answer.

 811-001-0005

 Pursuant to the provisions of ORS 183.341, the Board of Chiropractic Examiners adopts the Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedures Act January 2012, these rules shall be controlling except as otherwise required by stature or rule.

Rules Coordinator: Donna Dougan—(503) 373-1579

811-001-0005

Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Board of Chiropractic Examiners adopts the Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedures Act January 2012, these rules shall be controlling except as otherwise required by stature or rule.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Chiropractic Examiners.]

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183.341
Hist.: 2CE 10, f. 2-3-72, ef. 2-15-72; 2CE 12, f. 11-20-73, ef. 12-11-73; 2CE 1-1978, f. 6-16-78, ef. 7-1-78; 2CE 3-1981, f. & ef. 11-27-81; 2CE 3-1984, f. & ef. 11-26-84; 2CE 4-1986, f. & ef. 7-3-86; CE 2-1988, f. & cert. ef. 7-1-88; CE 1-1993, f. 3-1-93, cert. ef. 4-1-93; CE 1-1995, f. & cert. ef. 10-30-95; CE 4-1997, f. & cert. ef. 11-3-97; BCE 3-2000, cert. ef. 8-23-00; BCE 1-2004, f. & cert. ef. 6-7-04; BCE 2-2007, f. 11-30-07, cert. ef. 1-31-08; BCE 2-2012, f. & cert. ef. 10-15-12

811-001-0010

Rules of Procedure in Contested Cases

(1) In sexual boundary and unprofessional conduct cases; The Board requires an answer to charges as part of notices to parties in contested cases: In addition to the requirements of the Attorney General’s Model Rules of Procedure adopted by the Board, the notice to parties in contested cases may include a statement that an answer to the assertions or charges will be requested and, if so, the consequences of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of section (2) of this rule with the notice.

(2) In sexual boundary and unprofessional conduct cases, hearing requests and answers: Consequences of failure to answer:

(a) A hearing request, and answer when requested, shall be made in writing to the Board by the party or his attorney and an answer shall include the following:

(A) An admission or denial of each factual matter alleged in the notice;

(B) A short and plain statement of each relevant affirmative defense the party may have.

(b) Except for good cause:

(A) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;

(B) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

(C) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and

(D) Evidence shall not be taken on any issue not raised in the notice and answer.

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Hist.: 2CE 1-1985, f. & ef. 2-15-85; BCE 2-2012, f. & cert. ef. 10-15-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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