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Oregon Revised Statutes

Or. Rev. Stat. § 183.413 (2026)

Notice to parties before hearing of rights and procedure; failure to provide notice

✓ current as of May 2026
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      183.413 Notice to parties before hearing of rights and procedure; failure to provide notice. (1) The Legislative Assembly finds that parties to a contested case hearing have a right to be informed as to the procedures by which contested cases are heard by state agencies, their rights in hearings before state agencies, the import and effect of hearings before state agencies and their rights and remedies with respect to actions taken by state agencies. Accordingly, it is the purpose of subsections (2) and (3) of this section to set forth certain requirements of state agencies so that parties to contested case hearings shall be fully informed as to these matters when exercising their rights before state agencies.

      (2) Prior to the commencement of a contested case hearing before any agency including those agencies identified in ORS 183.315, the agency shall serve personally or by mail a written notice to each party to the hearing that includes the following:

      (a) The time and place of the hearing.

      (b) A statement of the authority and jurisdiction under which the hearing is to be held.

      (c) A statement that generally identifies the issues to be considered at the hearing.

      (d) A statement indicating that the party may be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources.

      (e) A statement that the party has the right to respond to all issues properly before the presiding officer and present evidence and witnesses on those issues.

      (f) A statement indicating whether discovery is permitted and, if so, how discovery may be requested.

      (g) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence.

      (h) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties.

      (i) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the agency.

      (j) Whether an attorney will represent the agency in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney.

      (k) The title and function of the person presiding at the hearing with respect to the decision process, including, but not limited to, the manner in which the testimony and evidence taken by the person presiding at the hearing are reviewed, the effect of that person’s determination, who makes the final determination on behalf of the agency, whether the person presiding at the hearing is or is not an employee, officer or other representative of the agency and whether that person has the authority to make a final independent determination.

      (L) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party’s rights.

      (m) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the agency and the hearing reopened.

      (n) Whether there exists an opportunity after the hearing and prior to the final determination or order of the agency to review and object to any proposed findings of fact, conclusions of law, summary of evidence or recommendations of the officer presiding at the hearing.

      (o) A description of the appeal process from the determination or order of the agency.

      (p) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website.

      (3) The failure of an agency to give notice of any item specified in subsection (2) of this section does not invalidate any determination or order of the agency unless upon an appeal from or review of the determination or order a court finds that the failure affects the substantial rights of the complaining party. In the event of such a finding, the court shall remand the matter to the agency for a reopening of the hearing and shall direct the agency as to what steps it shall take to remedy the prejudice to the rights of the complaining party. [1979 c.593 §§37,38,39; 1995 c.79 §63; 2007 c.288 §1; 2013 c.295 §1]

Notes of Decisions
Cited in 58 cases (6 in the last 5 years), 1981–2025 · leading case: Liu v. Portland State Univ., 383 P.3d 294 (Or. Ct. App. 2016).
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Liu v. Portland State Univ., 383 P.3d 294 (Or. Ct. App. 2016). · cites it 12× “088 (2011), repealed by Or Laws 2015, ch 767, § 4, 2 PSU was required to use procedures consistent with those provided in Oregon’s Administrative Procedures Act (APA) for contested cases, that is, procedures consistent with those specified in ORS 183.413 to 183.470, and that…”
Jenkins v. Bd. of Parole, 833 P.2d 1268 (Or. 1992). · cites it 7× “ORS 183.413 provides in part: “(2) Prior to the commencement of a contested case hearingbefore any agency includingthose agencies identified in ORS 183.”
Villanueva v. Bd. of Psychologist Examiners, 27 P.3d 1100 (Or. Ct. App. 2001). · cites it 5× “ORS 183.413 requires that parties to a contested case be informed generally of their rights and remedies in the process.”
Reguero v. Teacher Standards & Practices Comm'n, 822 P.2d 1171 (Or. 1991). · cites it 4× “143 [3] and ORS 183.413 et seq, TSPC held a contested case hearing in 1988 to determine whether, at that time, petitioner had good moral character and was fit to serve as a teacher.”
Smith v. Bd. of Parole & Post-Prison Supervision, 343 P.3d 245 (Or. Ct. App. 2015). · cites it 7× “315 and ORS 183.413, grant him the right to subpoena witnesses, and that he has “due process” rights to compel witnesses to testify at his hearing, under both state and federal constitutional provisions.”
Supension of Driving Privileges of Cole v. Driver & Motor Veh. Servs. Branch, 87 P.3d 1120 (Or. 2004). · cites it 2× “Although *590 notice of the right to subpoena is not required expressly by ORS 183.413, which details what information an agency must provide to a party to a contested case before the hearing, we note that the sample “Notice of Contested Case Rights and Procedures” provided by…”
Portland Fire Fighters' Ass'n, Local 43 v. City of Portland, 45 P.3d 162 (Or. Ct. App. 2002). · cites it 2× “The representatives signing this stipulation: (a) warrant that they are authorized by their respective principals to do so; (b) represent that the above statements are accurate and constitute all of the evidence that either party desires to present to the Board in this matter;…”
Davidson v. Oregon Gov't Ethics Comm'n, 712 P.2d 87 (Or. 1985). · cites it 2× “Both parties are allowed to file exceptions to the hearings officer's proposed order before the Commission makes the final decision and order.”
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006). · cites it 2× “) ORS chapter 183 provides for two kinds of hearings: contested case hearings, ORS 183.413 to 183.470, and rulemaking hearings, ORS 183.”
Powell v. Bunn, 59 P.3d 559 (Or. Ct. App. 2002). “095; and “(C) Schedule a contested case hearing to be conducted in accordance with ORS 183.413 to 183.470. “* * * * * “(3)(a) In the case of a school district if, after the preliminary investigation, the superintendent finds that there is no substantial basis to believe that the…”
State v. Ratliff, 744 P.2d 247 (Or. 1987). “ORS 183.413 to 183.470. This tells us little, however, about the nature of the proceeding.”
Thomas Creek Lumber & Log Co. v. Bd. of Forestry, 69 P.3d 1238 (Or. Ct. App. 2003). “Hearings provided under this section shall be conducted as contested case hearings under ORS 183.413 to 183.470. The board may establish such rules as it deems appropriate to carry out the provisions of this section.”
Show all 58 citing cases →
— Or. Rev. Stat. § 183.413(1) — 1 case
Guerrero v. Adult & Fam. Serv. Div., 676 P.2d 928 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 183.413(2) — 8 cases
Villanueva v. Bd. of Psychologist Examiners, 27 P.3d 1100 (Or. Ct. App. 2001). “ORS 183.413 requires that parties to a contested case be informed generally of their rights and remedies in the process.”
Jenkins v. Bd. of Parole, 833 P.2d 1268 (Or. 1992). “ORS 183.413 provides in part: “(2) Prior to the commencement of a contested case hearingbefore any agency includingthose agencies identified in ORS 183.”
Woolstrum v. Bd. of Parole & Post-Prison Supervision, 918 P.2d 112 (Or. Ct. App. 1996).
Frasier v. Driver & Motor Veh. Servs. Branch, 17 P.3d 582 (Or. Ct. App. 2001).
Cobine v. Motor Vehs. Div., 792 P.2d 469 (Or. Ct. App. 1990).
— Or. Rev. Stat. § 183.413(2)(a) — 1 case
Higgins v. Emp. Dept., 327 Or. App. 309 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 183.413(2)(d) — 1 case
Woolstrum v. Bd. of Parole, 750 P.2d 509 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 183.413(2)(e) — 2 cases
Smith v. Bd. of Parole & Post-Prison Supervision, 343 P.3d 245 (Or. Ct. App. 2015). “315 and ORS 183.413, grant him the right to subpoena witnesses, and that he has “due process” rights to compel witnesses to testify at his hearing, under both state and federal constitutional provisions.”
Friends of Columbia Gorge v. Energy Fac. Siting Coun., 486 P.3d 787 (Or. 2021).
— Or. Rev. Stat. § 183.413(2)(i) — 5 cases
Jenkins v. Bd. of Parole, 833 P.2d 1268 (Or. 1992). “ORS 183.413 provides in part: “(2) Prior to the commencement of a contested case hearingbefore any agency includingthose agencies identified in ORS 183.”
Billings v. Maass, 738 P.2d 222 (Or. Ct. App. 1987).
Garcia v. Bd. of Parole, 818 P.2d 1296 (Or. Ct. App. 1991).
Lankford v. Copeland, 917 P.2d 55 (Or. Ct. App. 1996).
Betsch v. Bd. of Parole, 817 P.2d 1356 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 183.413(2)(j) — 1 case
Smith v. Psychiatric Sec. Review Bd., 349 P.3d 569 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 183.413(4) — 7 cases
Villanueva v. Bd. of Psychologist Examiners, 27 P.3d 1100 (Or. Ct. App. 2001). “ORS 183.413 requires that parties to a contested case be informed generally of their rights and remedies in the process.”
Jenkins v. Bd. of Parole, 833 P.2d 1268 (Or. 1992). “ORS 183.413 provides in part: “(2) Prior to the commencement of a contested case hearingbefore any agency includingthose agencies identified in ORS 183.”
Ayres v. Bd. of Parole & Post-Prison Supervision, 97 P.3d 1 (Or. Ct. App. 2004).
Colson v. Bureau of Labor & Indus., 831 P.2d 706 (Or. Ct. App. 1992).
Woolstrum v. Bd. of Parole & Post-Prison Supervision, 918 P.2d 112 (Or. Ct. App. 1996).
— Or. Rev. Stat. § 183.413(b) — 1 case
Cobine v. Motor Vehs. Div., 792 P.2d 469 (Or. Ct. App. 1990).
— Or. Rev. Stat. § 183.413(d) — 1 case
Cobine v. Motor Vehs. Div., 792 P.2d 469 (Or. Ct. App. 1990).
— Or. Rev. Stat. § 183.413(e) — 1 case
Cobine v. Motor Vehs. Div., 792 P.2d 469 (Or. Ct. App. 1990).
— Or. Rev. Stat. § 183.413(i) — 1 case
Cobine v. Motor Vehs. Div., 792 P.2d 469 (Or. Ct. App. 1990).
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