Notice of Rulemaking
Before the adoption, amendment, or repeal of any rule relating to the practice of naturopathic medicine, with the exception of temporary rules, the Board will give notice of the intended action:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360, at least 21 days before the effective date of the rule.
(2) By mailing or delivering copies of the notice to at least 28 days before the effective date, to persons who have requested notice pursuant to 183.335(8).
(3) By mailing copies of the notice to the Associated Press and the Capitol Press; and
(4) At least 49 days before the effective date, to the legislators specified in ORS 183.335(15).
Stat. Auth.: ORS 183
Stats. Implemented: ORS 685
Hist.: NE 7-1980, f. & ef. 9-11-80; BNE 3-2004, f. & cert. ef. 6-10-04
Model Rules of Practice and Procedure
The Model Rules of Practice and Procedure promulgated by the Attorney General of the State of Oregon under the Administrative Procedure Act are by this reference adopted as the rules of procedure of the Board of Naturopathic Medicine.
[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Board of Naturopathic Medicine.]
Stat. Auth.: ORS 183 & ORS 685.125
Hist.: NE 5, f. 6-1-73, ef. 6-15-73; NE 7, f. 4-11-74, ef. 5-11-74; NE 4-1980, f. & ef. 9-11-80; NE 1-1985, f. & ef. 3-11-85; NE 1-1986, f. & ef. 4-10-86; NE 2-1992, f. & cert. ef. 7-28-92; BNE 2-2000, f. & cert. ef. 4-12-00
Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases
In addition to the notice requirements under the Attorney General's Model Rules of Procedure adopted under OAR 850-001-0005, the notice to parties in contested cases may include the statement that an answer to the assertions or charges will be required, and if so, the consequence of failure to answer may be satisfied by enclosing a copy of OAR 850-001-0015 with the notice.
Stat. Auth.: ORS 183 & ORS 685
Hist.: NE 2-1985(Temp), f. & ef. 3-11-85; NE 1-1986, f. & ef. 4-10-86
Hearing Request and Answers: Consequences of Failure to Answer
(1) A hearing request shall be made in writing to the board by the party or the parties’ attorney.
(2) An answer, when required, shall be made in writing to the board by the party or the parties’ attorney. The answer shall include the following:
(a) An admission or denial of each factual matter alleged in the notice; and
(b) A short and plain statement of each relevant affirmative defense the party may have.
(3) An answer filed in section (2) may be amended at any time up to 28 days before any scheduled hearing.
Stat. Auth.: ORS
183 & 685
Hist.: NE 2-1985(Temp), f. & ef. 3-11-85; NE 1-1986, f. & ef. 4-10-86; OBNM 2-2013, f. & cert. ef. 4-12-13