183.415 Notice
of right to hearing.
(1) The Legislative Assembly finds that persons affected by actions taken by
state agencies have a right to be informed of their rights and remedies with
respect to the actions.
(2) In a
contested case, all parties shall be afforded an opportunity for hearing after
reasonable notice, served personally or by registered or certified mail.
(3) Notice under
this section must include:
(a) A statement
of the party’s right to hearing, with a description of the procedure and time
to request a hearing, or a statement of 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 reference
to the particular sections of the statutes and rules involved;
(d) A short and
plain statement of the matters asserted or charged;
(e) A statement
indicating whether and under what circumstances an order by default may be
entered; and
(f) 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. [1971 c.734 §13; 1979 c.593 §18;
1985 c.757 §1; 1997 c.837 §2; 1999 c.849 §§27,28; 2003 c.75 §29; 2007 c.288 §2;
2013 c.295 §3]
Notes of Decisions
Villanueva v. Bd. of Psychologist Examiners, 27 P.3d 1100 (Or. Ct. App. 2001).
· cites it 19× “” As the parties frame the issue, the question is whether the notice the Board gave met the requirements of ORS 183.415; that is, the Board does not dispute that, by objecting to the admission of evidence on consent, petitioner preserved his claim that the Board had failed to…”
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
· cites it 23× “The board defended its notice by asserting that it contained a clear and detailed statement of the matters charged and was sufficiently detailed to allow the preparation of a defense and, therefore, was adequate for purposes of ORS 183.415's requirements. Id . at 355, 27 P.”
Ceaser v. Dept. of Human Servs., 493 P.3d 66 (Or. Ct. App. 2021).
· cites it 13× “” In response, DHS contends that the original suspension letter provided adequate notice and complied with ORS 183.415, and that ORS 411.103(1) permitted notice by regular mail in this case.”
Norden v. State, Water Resources Dept., 996 P.2d 958 (Or. 2000).
· cites it 4× “Council, 307 Or at 37 ; ORS 183.415 to ORS 183.470. Orders in contested cases are subject to review by the Court of Appeals, ORS 183.”
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
· cites it 6× “are entitled to appear and be heard; "(B) Where the agency has discretion to suspend or revoke a right or privilege of a person; "(C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or "(D)…”
ETU, Inc. v. Env't Quality Comm'n, 162 P.3d 248 (Or. 2007).
· cites it 16× “745 specifically addresses service of orders assessing civil penalties and, under that statute, default final orders assessing civil penalties need not be served at all, “so long as service of the initial notice [of the assessment of the civil penalty] was provided in accordance…”
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
· cites it 7× “According to *10 petitioner, under ORS 183.415, the department was obligated to provide notice of any administrative rule on which the department intended to rely.”
Fairbanks v. Bureau of Labor & Indus., 913 P.2d 703 (Or. 1996).
· cites it 7× ““(C) For the suspension, revocation, or refusal to renew or issue a license where the licensee or applicant for a license demands such a hearing; or “(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS…”
State v. Ratliff, 744 P.2d 247 (Or. 1987).
· cites it 2× “ORS 183.415(10). The issues which may be addressed are limited by statute.”
Villanueva v. Bd. of Psychologist Examiners, 39 P.3d 238 (Or. Ct. App. 2002).
· cites it 3× “We also explained that, to the extent the substantial compliance doctrine applies, the Board’s notice did not substantially comply with ORS 183.415. Id. at 356-58 . We reasoned: “This is not a case in which the rule that was allegedly violated was apparent to both the Board and…”
— Or. Rev. Stat. § 183.415(1) — 14 cases
Norden v. State, Water Resources Dept., 996 P.2d 958 (Or. 2000).
“Council, 307 Or at 37 ; ORS 183.415 to ORS 183.470. Orders in contested cases are subject to review by the Court of Appeals, ORS 183.”
ETU, Inc. v. Env't Quality Comm'n, 162 P.3d 248 (Or. 2007).
“745 specifically addresses service of orders assessing civil penalties and, under that statute, default final orders assessing civil penalties need not be served at all, “so long as service of the initial notice [of the assessment of the civil penalty] was provided in accordance…”
— Or. Rev. Stat. § 183.415(10) — 9 cases
State v. Ratliff, 744 P.2d 247 (Or. 1987).
“ORS 183.415(10). The issues which may be addressed are limited by statute.”
Norden v. State, Water Resources Dept., 996 P.2d 958 (Or. 2000).
“Council, 307 Or at 37 ; ORS 183.415 to ORS 183.470. Orders in contested cases are subject to review by the Court of Appeals, ORS 183.”
— Or. Rev. Stat. § 183.415(11) — 3 cases
Norden v. State, Water Resources Dept., 996 P.2d 958 (Or. 2000).
“Council, 307 Or at 37 ; ORS 183.415 to ORS 183.470. Orders in contested cases are subject to review by the Court of Appeals, ORS 183.”
— Or. Rev. Stat. § 183.415(11)(a) — 1 case
— Or. Rev. Stat. § 183.415(11)(g) — 1 case
— Or. Rev. Stat. § 183.415(11)(h) — 1 case
— Or. Rev. Stat. § 183.415(12) — 1 case
— Or. Rev. Stat. § 183.415(2) — 15 cases
Villanueva v. Bd. of Psychologist Examiners, 27 P.3d 1100 (Or. Ct. App. 2001).
“” As the parties frame the issue, the question is whether the notice the Board gave met the requirements of ORS 183.415; that is, the Board does not dispute that, by objecting to the admission of evidence on consent, petitioner preserved his claim that the Board had failed to…”
Ceaser v. Dept. of Human Servs., 493 P.3d 66 (Or. Ct. App. 2021).
“” In response, DHS contends that the original suspension letter provided adequate notice and complied with ORS 183.415, and that ORS 411.103(1) permitted notice by regular mail in this case.”
Drayton v. Dep't of Transp., 62 P.3d 430 (Or. Ct. App. 2003).
“According to *10 petitioner, under ORS 183.415, the department was obligated to provide notice of any administrative rule on which the department intended to rely.”
Villanueva v. Bd. of Psychologist Examiners, 39 P.3d 238 (Or. Ct. App. 2002).
“We also explained that, to the extent the substantial compliance doctrine applies, the Board’s notice did not substantially comply with ORS 183.415. Id. at 356-58 . We reasoned: “This is not a case in which the rule that was allegedly violated was apparent to both the Board and…”
— Or. Rev. Stat. § 183.415(2)(b) — 2 cases
— Or. Rev. Stat. § 183.415(2)(c) — 6 cases
Villanueva v. Bd. of Psychologist Examiners, 27 P.3d 1100 (Or. Ct. App. 2001).
“” As the parties frame the issue, the question is whether the notice the Board gave met the requirements of ORS 183.415; that is, the Board does not dispute that, by objecting to the admission of evidence on consent, petitioner preserved his claim that the Board had failed to…”
Villanueva v. Bd. of Psychologist Examiners, 39 P.3d 238 (Or. Ct. App. 2002).
“We also explained that, to the extent the substantial compliance doctrine applies, the Board’s notice did not substantially comply with ORS 183.415. Id. at 356-58 . We reasoned: “This is not a case in which the rule that was allegedly violated was apparent to both the Board and…”
— Or. Rev. Stat. § 183.415(2)(d) — 5 cases
Villanueva v. Bd. of Psychologist Examiners, 27 P.3d 1100 (Or. Ct. App. 2001).
“” As the parties frame the issue, the question is whether the notice the Board gave met the requirements of ORS 183.415; that is, the Board does not dispute that, by objecting to the admission of evidence on consent, petitioner preserved his claim that the Board had failed to…”
— Or. Rev. Stat. § 183.415(3) — 12 cases
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“The board defended its notice by asserting that it contained a clear and detailed statement of the matters charged and was sufficiently detailed to allow the preparation of a defense and, therefore, was adequate for purposes of ORS 183.415's requirements. Id . at 355, 27 P.”
State v. Ratliff, 744 P.2d 247 (Or. 1987).
“ORS 183.415(10). The issues which may be addressed are limited by statute.”
ETU, Inc. v. Env't Quality Comm'n, 162 P.3d 248 (Or. 2007).
“745 specifically addresses service of orders assessing civil penalties and, under that statute, default final orders assessing civil penalties need not be served at all, “so long as service of the initial notice [of the assessment of the civil penalty] was provided in accordance…”
— Or. Rev. Stat. § 183.415(3)(c) — 1 case
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“The board defended its notice by asserting that it contained a clear and detailed statement of the matters charged and was sufficiently detailed to allow the preparation of a defense and, therefore, was adequate for purposes of ORS 183.415's requirements. Id . at 355, 27 P.”
— Or. Rev. Stat. § 183.415(3)(d) — 3 cases
Ceaser v. Dept. of Human Servs., 493 P.3d 66 (Or. Ct. App. 2021).
“” In response, DHS contends that the original suspension letter provided adequate notice and complied with ORS 183.415, and that ORS 411.103(1) permitted notice by regular mail in this case.”
Sachdev v. Or. Med. Bd., 426 P.3d 118 (Or. Ct. App. 2018).
“The board defended its notice by asserting that it contained a clear and detailed statement of the matters charged and was sufficiently detailed to allow the preparation of a defense and, therefore, was adequate for purposes of ORS 183.415's requirements. Id . at 355, 27 P.”
— Or. Rev. Stat. § 183.415(5) — 2 cases
— Or. Rev. Stat. § 183.415(5)(a) — 1 case
— Or. Rev. Stat. § 183.415(5)(b) — 2 cases
— Or. Rev. Stat. § 183.415(7) — 6 cases
Fairbanks v. Bureau of Labor & Indus., 913 P.2d 703 (Or. 1996).
““(C) For the suspension, revocation, or refusal to renew or issue a license where the licensee or applicant for a license demands such a hearing; or “(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS…”
— Or. Rev. Stat. § 183.415(7)(b) — 1 case
— Or. Rev. Stat. § 183.415(7)(f) — 1 case
— Or. Rev. Stat. § 183.415(8) — 2 cases
Fairbanks v. Bureau of Labor & Indus., 913 P.2d 703 (Or. 1996).
““(C) For the suspension, revocation, or refusal to renew or issue a license where the licensee or applicant for a license demands such a hearing; or “(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS…”
— Or. Rev. Stat. § 183.415(9) — 1 case
Fairbanks v. Bureau of Labor & Indus., 913 P.2d 703 (Or. 1996).
““(C) For the suspension, revocation, or refusal to renew or issue a license where the licensee or applicant for a license demands such a hearing; or “(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS…”
— Or. Rev. Stat. § 183.415(ll)(h) — 1 case
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