Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 10 - CLIENT RIGHTS
Section 413-010-0530 - Withdrawals and Dismissals
Universal Citation: OR Admin Rules 413-010-0530
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Withdrawals.
(a) A party or party's
representative may withdraw a request for a hearing orally or in writing at any
time before a final order has been issued on the contested case.
(b) Following a withdrawal under subsection
(a) of this section, the Department or OAH sends an order dismissing the
hearing request to the party's last known address. The party may cancel the
withdrawal if a request to cancel the withdrawal is received by the Department
representative up to the tenth work day following the date such an order is
sent. If the party withdrew the hearing request in writing, the Department must
receive a timely written request to cancel the withdrawal.
(c) The Department may withdraw any pending
referral from OAH at any time before a final order is served when:
(A) The Department provides to the party the
relief sought; or
(B) The
Department and the party reach an agreement under ORS
183.417(3).
(2) Dismissals. An order dismissing a hearing request is issued when the party or the party's representative does not appear at the time and place specified for the hearing.
(a) The dismissal by order is effective on
the date the order is issued.
(b)
The Department may reconsider and cancel the dismissal under OAR 137-003-0675 on request of the party on a timely showing that the party was unable to attend
the hearing and unable to request a postponement for reasons beyond party's
reasonable control. The Department may refer the reconsideration decision to
OAH.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 183.411 - 183.685, 411.095, 418.005
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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