Oregon Administrative Rules
Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD
Division 13 - EXPEDITED CLAIMS SERVICE
Section 438-013-0035 - Postponements and Continuances

Universal Citation: OR Admin Rules 438-013-0035

Current through Register Vol. 63, No. 3, March 1, 2024

(1) A hearing under the Expedited Claims Service shall not be postponed except upon a showing of extraordinary circumstances beyond the control of the party requesting the postponement. "Extraordinary circumstances" shall be as defined in OAR 438-006-0081 except that unavailability of an individual who represents an insurer shall not be a reason to postpone a hearing under any circumstances and unavailability of an individual who represents a claimant shall not be a reason to postpone a hearing under the Expedited Claims Service unless the Administrative Law Judge finds that the claimant is physically or mentally incapable of representing themself at the hearing.

(2) A hearing under the Expedited Claims Service may be continued for further proceedings only if the Administrative Law Judge finds and states on the oral record that a continuance is required to achieve substantial justice.

Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4)

Statutes/Other Implemented: ORS 656.291(3)(b) & 656.291(4)

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