Or. Admin. R. 137-020-0204
137-020-0204 Refusal to
Issue or Renew Registration; Revocation or Suspension of Registration
(1)
The Department
may refuse to issue or renew a registration to a telephonic seller or may revoke
or suspend the registration of a telephonic seller upon a finding of any of
the causes listed in ORS 646.553(6). Opportunity for a hearing shall be afforded
as provided in ORS 183.310 to 183.550.
(2)
Except as otherwise
specifically provided herein, the requirements of OAR 137-003-0001 to 137-003-0092
shall apply to all hearings held pursuant to this rule.
(3)
The Department shall
send a notice to the telephonic seller and their authorized representative by
certified mail of the Department's intent to refuse to issue or renew a registration
or to revoke or suspend a registration. The notice to the telephonic seller
shall be sent to the principal business location of the telephonic seller, as
shown on the filing information provided under ORS 137-020-0202.
(4)
In addition to the
notice requirements under OAR 137-003-0001, the notice provided under section
(3) of this rule shall include a statement that an answer to the Department's
assertions or charges will be required, and listing the consequences of failure
to answer. A statement of the consequences of failure to answer may be satisfied
by enclosing a copy of section (6) of this rule with the notice.
(5)
A hearing request
and answer shall be made in writing to the Department by the telephonic seller
or their authorized representative. Except as otherwise provided by sections
(7) and (8) of this rule, a hearing request and answer must be received within
21 calendar days from the date the notice to the applicant was mailed by the
Department to be considered timely.
(6)
An answer shall include
the following:
(a)
An admission or denial
of each factual matter alleged in the Department's notice;
(b)
A short and plain
statement of each relevant affirmative defense the telephonic seller may have;
(c)
A short and plain
statement of each legal issue the telephonic seller may have;
(d)
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 or legal issue in the answer shall be considered a waiver
of such defense or legal issue;
(C)
New matters alleged
in the answer that were not alleged in the notice (affirmative defenses) shall
be presumed to be denied by the Department; and
(D)
Evidence shall not
be taken on any issue not raised in the notice and answer.
(7)
A telephonic seller
or their authorized representative may submit a written request for an extension
in which to file an answer to the Department's notice. To be considered timely,
the extension request must be received within 21 calendar days from the date
the notice to the applicant was mailed by the Department. The Department shall
grant extensions only upon a showing of good cause.
(8)
A telephonic seller
or their authorized representative may submit written amendments to their answer.
To be considered timely, the amendments must be received by the Department no
less than 21 calendar days prior to the contested case hearing. The Department
shall allow amendments to answers only upon a showing of good cause.
