Or. Admin. Code § 471-070-8080

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

Section 471-070-8080 - Appeals: Late Request to Reopen Hearing

(1) The period within which a party may request reopening of a hearing may be extended if the party requesting reopening:

(a) Has good cause for failing to request reopening within the time allowed; and

(b) Acts within a reasonable time.

(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 Office of Administrative Hearings (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; or

(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 filing a late request to reopen in a written statement, which the OAH shall consider in determining whether good cause exists for the late filing, and whether the party acted within seven calendar days after the circumstances that prevented a timely filing ceased to exist.

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

(5) 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.

(6) The administrative law judge's decision on a late request to reopen shall be in writing and mailed to the parties.

Or. Admin. Code § 471-070-8080

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

Statutory/Other Authority: ORS 657B.34

Statutes/Other Implemented: ORS 657B.410