Or. Admin. Code § 471-070-8070

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

Section 471-070-8070 - Appeals: Dismissal of Requests for Hearing

(1) An administrative law judge may dismiss a request for hearing upon request of the party to withdraw the request for hearing.

(2) An administrative law judge may order that a request for hearing be dismissed upon request of the Director or the authorized representative of the Director after the Director has:

(a) Issued a new or amended determination or decision granting the relief or resolution sought by the party who requested the hearing; or

(b) Withdrawn or cancelled the determination or decision upon which the request for hearing was based.

(3) On the administrative law judge's own initiative, an administrative law judge may order that a request for hearing be dismissed if:

(a) The party fails to file the request for hearing within the time allowed by statute or rule without a sufficient showing of good cause, as required for a late request for hearing in OAR 471-070-8025(3);

(b) The party fails to provide information requested by the administrative law judge or their designee;

(c) The party fails to appear at the hearing at the time and place stated in the notice of hearing;

(d) The request for hearing was filed prior to the date of the decision or determination that is the subject of the request;

(e) The request for hearing is made by a person not entitled to a hearing on the merits, is made by a person who is not authorized to represent the party, or is made regarding a determination or decision for which there is no lawful authority to request a hearing.

(4) A dismissal by the administrative law judge is final unless the party whose request for hearing has been dismissed files a request under OAR 471-070-8075 to reopen the hearing, within 20 calendar days after the dismissal notice was sent electronically or mailed to the party's last-known address.

(5) The Director of the Employment Department may dismiss a request for hearing if the conditions described in sections (1), (2), (3)(d) or (3)(e) of this rule exist.

(6)

(a) A dismissal by the Director under section (5) of this rule is final unless the party whose request for hearing has been dismissed, files a request for hearing regarding the dismissal, within 20 calendar days after the dismissal notice was sent electronically or mailed to the party's last-known address.

(b) If the party files a timely request under subsection (6)(a) of this rule, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings under OAR 471-070-8010.

(c) The administrative law judge assigned under subsection (6)(b) of this rule shall determine whether the dismissal was appropriately entered. If the dismissal was not appropriately entered, the administrative law judge shall decide the underlying issue upon which the hearing was requested.

Or. Admin. Code § 471-070-8070

ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022; ED 1-2024, amend filed 01/04/2024, effective 1/12/2024

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.410 & Chapter 292, Oregon Laws 2023