Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 50 - CONTESTED CASE HEARING RULES
Section 839-050-0430 - Final Order by Default
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The Administrator of the Wage and Hour Division may issue a Final Order by default when:
(2) A Final Order by default may be issued only after a prima facie case in support of the charging document is made on the record. A prima facie case may be made from the Agency's file, if designated as the record in the charging document, provided that the charging document contained a statement advising the party that a failure to request a hearing would result in a Final Order.
(3) The participants will be served with a copy of the Final Order by default in accordance with OAR 839-050-0030.
(4) When a party has requested a hearing but either fails to attend the hearing or notifies the Agency that it will not attend, the Administrative Law Judge will proceed according to OAR 839-050-0330.
Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4)
Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850