Current through Register Vol. 63, No. 9, September 1, 2024
(1) An administrative law judge may dismiss a
request for hearing upon request of the party 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 authorized representative of the Director after the Director
has:
(a) Issued a new or amended
determination or decision granting the relief or resolution sought by the party
who requested the 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Withdrawn or cancelled the determination or decision upon which the request for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 party fails to file the request for
hearing within the time allowed by statute or rule without a sufficient showing
of good cause, as required for a late request for hearing in OAR
471-070-8025(3);
(b) The party fails to provide information
requested by the administrative law judge or their designee;
(c) The party fails to appear at the hearing
at the time and place stated in the notice of hearing;
(d) The request for hearing was filed prior
to the date 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, is made by
a person who is not authorized to represent the party, or is made regarding a
determination or decision for which there is no lawful authority to request a
hearing.
(4) A dismissal
by the administrative law judge is final unless the party whose request for
hearing has been dismissed files a request under OAR
471-070-8075 to reopen the
hearing, within 20 calendar days after the dismissal notice was sent
electronically or mailed to the party's last-known address.
(5) The Director of the Employment Department
may dismiss a request for hearing if the conditions described in sections (1),
(2), (3)(d) or (3)(e) of this rule exist.
(6)
(a) A
dismissal by the Director under section (5) of this rule is final unless the
party whose request for hearing has been dismissed, files a request for hearing
regarding the dismissal, within 20 calendar days after the dismissal notice was
sent electronically or mailed to the party's last-known address.
(b) If the party files a timely request under
subsection (6)(a) of this rule, the hearing regarding the dismissal shall be
assigned to an administrative law judge from the Office of Administrative
Hearings under OAR 471-070-8010.
(c) The administrative law judge assigned
under subsection (6)(b) of this rule shall determine whether the dismissal was
appropriately entered. If the dismissal was not appropriately entered, the
administrative law judge shall decide the underlying issue upon which the
hearing was requested.
Statutory/Other Authority: ORS
657B.340
Statutes/Other Implemented: ORS
657B.410 & Chapter 292,
Oregon Laws 2023
