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BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

 

DIVISION 1

PROCEDURAL RULES 

335-001-0000

Notice of Proposed Rule

In addition to such other rulemaking requirements established by law, the Board will also furnish notice of its intended rulemaking to:

(1) Oregon Speech Language Hearing Association;

(2) Oregon State Department of Education;

(3) Oregon Medical Association;

(4) Oregon Hearing Society;

(5) Oregon Academy of Otolaryngology;

(6) Oregon Academy of Speech Pathology and Audiology;

(7) Oregon Academy of Audiology;

(8) Oregon Advisory Council on Hearing Aids;

(9) Those persons on the Agency mailing list.

Stat. Auth.: ORS 183 
Stats. Implemented: ORS 183.335 
Hist.: SPA 2, f. & ef. 7-29-76; SPA 1-2001, f. & cert. ef. 3-12-01; SPA 5-2006, f. & cert. ef. 11-3-06; SPA 2-2007, f. & cert. ef. 2-9-07

335-001-0005

Model Rules of Procedure

The Board adopts the Attorney General’s Model Rules, Oregon Administrative Rule Chapter 137, division one, division four and Oregon Administrative Rules 137-003-0501 to 137-003-0700.

[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 Examiners for Speech Language Pathology and Audiology.]

Stat. Auth.: ORS 681.420(5)
Stats. Implemented: ORS 183.341
Hist.: SPA 2, f. & ef. 7-29-76; SPA 1-1980, f. & ef. 9-2-80; SPA 1-1986, f. & ef. 9-9-86; SPA 1-1996, f. & cert. ef. 6-7-96; SPA 1-2001, f. & cert. ef. 3-12-01; SPA 5-2006, f. & cert. ef. 11-3-06; SPA 2-2007, f. & cert. ef. 2-9-07; SPA 1-2008, f. & cert. ef. 4-10-08

335-001-0007

Time for Requesting a Contested Case Hearing

A request for a contested case hearing must be in writing and must be received by the Board within twenty-one days from the date the contested case notice was served.

Stat. Auth.: ORS 681.420(5)
Stats. Implemented: ORS 183.341
Hist.: SPA 1-2001, f. & cert. ef. 3-12-01

335-001-0008

Requesting a Hearing; Stating Claims and Defenses

(1) When requesting a hearing, or within fourteen (14) days following a request for hearing, the person responding to the notice must admit or deny, in writing, all factual matters stated in the notice. Any factual matters not denied shall be presumed admitted.

(2) When requesting a hearing, or within fourteen (14) days following a request for hearing, the person responding to the notice shall affirmatively state, in writing, any and all claims or defenses the person may have and the reason that supports the claim of defense. Failure to raise a claim or defense shall be presumed to be a waiver of such claim.

(3) Evidence shall not be taken on any issue not raised in the notice and either the request for hearing or a subsequent statement within fourteen (14) days following the request for hearing as required in sections (1) and (2) of this rule.

Stat. Auth.: ORS 681.420(5)
Stats. Implemented: ORS 183.341
Hist.: SPA 1-2008, f. & cert. ef. 4-10-08

335-001-0009

Filing Exceptions and Argument to the Board

A party adversely affected by a proposed order may file written exceptions and argument with the Board. To be considered by the Board, any exceptions and argument submitted by a party must be received by the Board within 21 days of the mailing date of the proposed order.

Stat. Auth.: ORS 681.420(5)
Stats. Implemented: ORS 183.341
Hist.: SPA 1-2001, f. & cert. ef. 3-12-01; SPA 1-2011, f. 1-28-11, cert. ef. 2-1-11

335-001-0011

Reconsideration and Rehearing -- Contested Cases

(1) A party may file a petition for reconsideration or rehearing of a final order in a contested case with the agency within 60 calendar days after the order is served. A copy of the petition shall also be delivered or mailed to all parties or other persons and agencies required by statute, rule, or order to receive notice of the proceeding.

(2) The petition shall set forth the specific grounds for reconsideration or rehearing. The petition may be supported by a written argument.

(3) A rehearing may be limited by the agency to specific matters.

(4) The petition may include a request for stay of a final order if the petition complies with the requirements of OAR 137-003-0090(2).

(5) The agency may consider a petition for reconsideration or rehearing as a request for either or both. The petition may be granted or denied by summary order and, if no action is taken, shall be deemed denied as provided in ORS 183.482.

(6) Within 60 calendar days after the order is served, the agency may, on its own initiative, reconsider the final order or rehear the case. If a petition for judicial review has been filed, the agency must follow the procedures set forth in ORS 183.482(6) before taking further action on the order. The procedural and substantive effect of reconsideration or rehearing under this section shall be identical to the effect of granting a party's petition for reconsideration or rehearing.

(7) Reconsideration or rehearing shall not be granted after the filing of a petition for judicial review, except in the manner provided by ORS 183.482(6).

(8) A final order remains in effect during reconsideration or rehearing until stayed or changed.

(9) Following reconsideration or rehearing, the agency shall enter a new order, which may be an order affirming the existing order.

Stat. Auth.: ORS 681.420(5)
Stats. Implemented: ORS 183.341
Hist.: SPA 1-2001, f. & cert. ef. 3-12-01; SPA 1-2008, f. & cert. ef. 4-10-08

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