Oregon Administrative Rules
Chapter 471 - EMPLOYMENT DEPARTMENT
Division 40 - LOWER APPEALS
Section 471-040-0035 - Dismissals of Requests for Hearing

Universal Citation: OR Admin Rules 471-040-0035

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

(1) An administrative law judge may order that a request for hearing be dismissed upon request from the appellant 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 Director's authorized representative after either one has:

(a) Issued a new or amended determination or decision that grants the appellant that which was placed in issue by the request for 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(b) Withdrawn or cancelled the determination or decision upon which the request for hearing was based.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 appellant fails to file the request for hearing within the time allowed by statute or rule;

(b) The appellant employer, under ORS 657.485, fails to set forth with the request for hearing the reason therefor;

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

(d) The request for hearing has been filed prior to the service 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 or is made with respect to a determination or decision of the Director or authorized representative with respect to which there is no lawful authority to request a hearing.

Stat. Auth.: ORS 657

Stats. Implemented: ORS 657.280, 657.610 & 657.485

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.