Or. Admin. Code § 471-070-8075

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

Section 471-070-8075 - Appeals: Reopening of a Hearing

(1) After issuance of an administrative law judge's written decision as set forth in OAR 471-070-8065, any party may file a request to reopen the hearing. An administrative law judge may reopen the hearing if the party:

(a) Requesting the reopening failed to appear at the hearing;

(b) Files in writing, within 20 calendar days of the date of mailing or electronic notification of the hearing decision, a request with Office of Administrative Hearings (OAH) and simultaneously provide a copy of the request to the department to reopen; and

(c) Has good cause for failing to appear at the hearing.

(2) "Good cause" exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an interested party's reasonable control.

(a) Good cause includes but is not limited to:

(A) Failure to receive a document because the department or OAH mailed it to an incorrect address despite having the correct address;

(B) For telephone or video conference hearings, unanticipated, and not reasonably foreseeable, loss of telephone or video conference service; or

(C) Incapacity.

(b) Good cause does not include:

(A) Failure to receive a document due to not notifying the department or OAH of an updated address while the person is claiming benefits or if the person knows, or reasonably should know, of a pending appeal;

(B) Not understanding the implications of a decision or notice when it is received.

(3) The party requesting reopening shall set forth the reason(s) for missing the hearing in a written statement which the OAH shall consider in determining whether good cause exists for failing to appear at the hearing.

(4) The administrative law judge's ruling on a request to reopen the hearing shall be in writing and mailed to the parties.

(5) The date that a request to reopen is considered filed shall be determined under OAR 471-070-8005.

(6) Nothing in section (3) of this rule prevents the OAH from scheduling a hearing if, in the sole judgment of the OAH, testimony is required.

Or. Admin. Code § 471-070-8075

ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.410