Current through Register Vol. 63, No. 9, September 1, 2024
(1) Parties
may submit written argument within 20 days of the date that EAB provides the
notice required by OAR
471-041-0075.
(2) A party's written argument will not be
considered unless it:
(a) Includes a
statement that a copy was provided to the opposing party or parties. Example:
"I declare that on [date] I sent a copy of this document to the opposing party,
addressed as follows: ABC Company, [description of sending method]."
(b) Is received within the time
allowed.
(3) Written
argument may be delivered in person, or sent by mail or other carrier, fax, or
electronic means. EAB will make copies of any arguments received available to
the Oregon Employment Department by electronic means.
(4) Any party may request that the time
period allowed for submitting written argument under section (1) be extended.
(a) EAB may grant an extension of time to
submit written argument if:
(A) The request
is in writing;
(B) The request is
promptly made after the party becomes aware of the need for the
extension;
(C) The request is made
prior to issuance of the EAB decision;
(D) The party has good cause, as stated in
the request, for the extension; and
(E) The total period allowed for written
argument, including all extensions, will not exceed 35 days from the
application for review filing date.
(b) For the purpose of subsection (4)(a) of
this rule, good cause exists when:
(A) The
circumstances necessitating the extension are beyond the reasonable control of
the requesting party; and
(B)
Failure to allow the extension would result in undue hardship to the requesting
party.
(c) If a party's
extension request is allowed, EAB shall notify all parties of the new written
argument deadline orally, in writing, or by electronic means.
Statutory/Other Authority: ORS 183,
657.610 &
657.685
Statutes/Other Implemented: ORS
657.685(6)
& 657.690
