Oregon Administrative Rules
Chapter 471 - EMPLOYMENT DEPARTMENT
Division 40 - LOWER APPEALS
Section 471-040-0041 - Late Request to Reopen
Current through Register Vol. 63, No. 12, December 1, 2024
(1) The period within which a party may request reopening may be extended if the party requesting reopening:
(2) "Good cause" exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an applicant's reasonable control.
(3) "A reasonable time," is seven days after the circumstances that prevented a timely filing ceased to exist.
(4) The party requesting reopening shall set forth the reason(s) for filing a late request to reopen in a written statement, which the Office of Administrative Hearings (OAH) shall consider in determining whether good cause exists for the late filing, and whether the party acted within a reasonable time.
(5) The filing date for a late request to reopen shall be determined under OAR 471-010-0040.
(6) Nothing in subsection (4) of this rule prevents the OAH from scheduling a hearing if in the sole judgment of the OAH testimony is required.
(7) The administrative law judge's decision on a late request to reopen shall be in writing and mailed to the parties.
(8) This rule is effective for all late requests to reopen filed after the effective date of this rule.
Stat. Auth.: ORS 657.270 & 657.875
Stats. Implemented: ORS 657.280, 657.610 & 657.875