Or. Admin. Code § 850-001-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 850-001-0010 - Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases

(1) A hearing request, and answer when required, shall be made in writing to the Board by the party or the party's attorney.

(2) An answer shall be made in writing to the Board with any request for a hearing on a matter related to the following categories of cases where the proposed violation(s) involves allegations of:

(a) Examination subversion or irregularities;

(b) Application subversion or irregularities;

(c) Engage in practice without required prerequisite certification or continued education required per statute or rule

(d) Violations of statutes and / or rules relating to:

(A) Engaging in conduct or practice that is contrary to the recognized standard of ethics of the profession or conduct that may constitute a danger to the health or safety of a patient or the public;

(B) Committing negligence related to the practice of naturopathic medicine

(C) Prescribing or dispensing drugs outside the scope of practice of naturopathic medicine

(D) Conviction of a crime related to the practice of naturopathic medicine

(E) Advertising

(3) The answer shall include the following:

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

(b) A short, concise statement of each relevant affirmative defense the party may have.

(4) When an answer is required:

(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 the answer.

(5) When an answer is required, the party or party's attorney may amend the response and answer, but no later than 10 days before the scheduled contested case hearing.

Or. Admin. Code § 850-001-0010

NE 2-1985(Temp), f. & ef. 3-11-85; NE 1-1986, f. & ef. 4-10-86; OBNM 17-2020, amend filed 12/28/2020, effective 12/28/2020

Statutory/Other Authority: ORS 183 & 685