justicedao/ipfs_state_laws huggingface dataset:
471-070-8035 Appeals: Subpoenas (1) Subpoenas for the attendance of witnesses or the production of books, records, documents, or other physical evidence may be issued by: (a) The administrative law judge upon request of a party to the contested case upon showing of general relevance and reasonable scope of the evidence sought, or on the administrative law judge's own initiative ; (b) The department on its own motion; or (c) An attorney representing a party to the contested case on behalf of that party. (2) A party that submits a request for subpoena must show: (a) The name of the witness and the address where the witness can be served the subpoena; (b) That the testimony of the person is material; and (c) That the person will not voluntarily appear. (3) If the requesting party wishes the witness to produce books, records, documents, or other physical evidence, the party must also show: (a) The name or a detailed description of the specific books, records, documents, or other physical evidence the witness should bring to the hearing; (b) That such evidence is generally relevant and the request is reasonable in scope; and (c) That such evidence is in the possession of the person who will not voluntarily appear and bring such evidence to the hearing. (4) An administrative law judge may limit the number of subpoenas for witness material to the proof of any one issue at the hearing. (5) Service of the subpoena upon the witness is the responsibility of the party requesting the subpoena. (6) A witness who attends a hearing pursuant to subpoena issued under this rule is entitled to witness fees and mileage as provided in ORS 44.415(2) for subpoenaed witnesses. (7) Only witnesses, who are not a party to the proceeding, who attend a hearing pursuant to subpoena issued by or on behalf of the department under this rule may be paid or reimbursed by the department for witness fees and mileage. (8) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the Administrative Law Judge, the department or the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 & 183.440 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8040 Appeals: Postponement of Hearing (1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be postponed. (2) A postponement may be granted by Office of Administrative Hearings staff at the request of a party if: (a) The request is promptly made after the party becomes aware of the need for postponement; and (b) The party has good cause, as stated in the request, for not attending the hearing at the time and date set. (3) For the purpose of subsection (2)(b) of this rule, good cause exists when: (a) The circumstances causing the request are beyond the reasonable control of the requesting party; and (b) Failure to grant the postponement would result in undue hardship to the requesting party. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8045 Appeals: Telephone and Video Conference Hearings (1) Unless precluded by law, the Office of Administrative Hearings (OAH) may, in its discretion, hold a hearing or portion of a hearing by telephone or video conference. Nothing in this rule precludes the OAH from allowing some parties or witnesses to attend by telephone or video conference while others attend in person. (2) The OAH may direct that a hearing be held by telephone or video conference upon request or on its own motion. (3) The OAH shall make an audio, video or stenographic record of any telephone or video conference hearing. (4) At least seven calendar days prior to commencement of an evidentiary hearing that is held by telephone or video conference, each party shall provide to all other parties and to the OAH copies of documentary evidence that it will seek to introduce into the record. The department shall provide to all parties and to the OAH copies of all documents and records in the possession of the department that will be introduced at the hearing as exhibits, including any statements of the claimant, employee, employer or employer’s agent(s), and all jurisdictional documents. (5) Nothing in this rule precludes any party from seeking to introduce documentary evidence in addition to evidence described in section (4) of this rule, during the hearing and the administrative law judge shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the OAH and to the other parties, the hearing may be continued upon the request of any party for sufficient time to allow the party to obtain and review the evidence. (6) As used in this rule, “telephone” means any two-way electronic communication device. (7) As used in this rule, “video conference” means a virtual, online meeting over the internet that simulates a face-to-face meeting. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8055 Appeals: Continuance of Hearing (1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be continued. (2) An administrative law judge may grant a continuance at the request of a party if: (a) The request is made prior to the issuance of the administrative law judge’s decision; and (b) The party has good cause, as stated in the request, for continuing the hearing. (3) For the purpose of subsection (2)(b) of this rule, good cause exists when: (a) The circumstances causing the request are beyond the reasonable control of the requesting party; and (b) Failure to grant the continuance would result in undue hardship to the requesting party. (4) An administrative law judge other than the one who presided at the first hearing may conduct a continued hearing. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8060 Appeals: Office of Administrative Hearings Transmittal of Questions (1) Questions from the administrative law judge regarding the following issues related to the Paid Leave Oregon program may be transmitted to the department: (a) The department's interpretation of its rules and applicable statutes; or (b) Which rules or statutes apply to a proceeding. (2) At the request of a party, the department, or their representatives, or on the administrative law judge's own motion, the administrative law judge may transmit a question to the department. (3) The administrative law judge shall submit any transmitted question in writing to the department. The submission shall include a summary of the matter in which the question arises and shall be served on the department representative and parties in the manner required by OAR 471-070-8030. (4) The department may request additional submissions by a party or the administrative law judge in order to respond to the transmitted question. (5) Unless prohibited by statute or administrative rules governing the timing of hearings, the administrative law judge may stay the proceeding and shall not issue the proposed order or the final order, if the administrative law judge has authority to issue the final order, until the department responds to the transmitted question. (6) The department shall respond in writing to the transmitted question within a reasonable time. The department’s response must be delivered by a person with authority to speak on the question transmitted. (7) The department’s response shall be made a part of the record of the hearing. The department may decline to answer the transmitted question. The department shall provide its response to the administrative law judge and to each party. The parties may reply to the department's response within a reasonable time. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 5-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8065 Appeals: Administrative Law Judge’s Decision (1) After the administrative law judge has given all parties reasonable opportunity for a fair hearing, the administrative law judge shall promptly affirm, modify, or set aside the decision of the department. The administrative law judge shall promptly prepare and serve a written decision to all parties entitled to notice of the administrative law judge’s decision , including any dismissal of the request for hearing as provided in OAR 471-070-8070, and the reasons for the decision. In the case of an assessment, the administrative law judge may increase or decrease the amount of the assessment. (2) The administrative law judge’s decision shall be based upon the evidence in the hearing record and upon any stipulated or officially noticed facts. Any findings of fact by the administrative law judge shall be based upon reliable, probative, and substantial evidence. (3) The administrative law judge may address issues raised by evidence in the record, including but not limited to the claims filed subsequent to issuance of a decision to allow or deny a benefit claim or employer’s application for approval of an equivalent plan under ORS 657B.210, notwithstanding the scope of the issues raised by the parties or the arguments in a party’s request for hearing. (4) The administrative law judge’s decision shall be in an approved form and shall contain: (a) A caption clearly identifying the parties; (b) A statement of jurisdiction; (c) A statement of the issues and law involved; (d) Evidentiary rulings to include or exclude evidence; (e) Findings of fact; (f) Conclusions based upon the findings of fact; or a statement adopting conclusions set forth in the appealed administrative decision; and (g) A decision setting forth the action to be taken. (5) Copies of the administrative law judge’s decision shall be sent to the parties, or their authorized representatives, at their last known address or electronically when permitted and the parties have opted for electronic notification, as shown on record. (6) A decision of the administrative law judge becomes final 60 calendar days after the date of electronic notification or the mailing of the decision to the parties, or their authorized representatives, at the last-known address of record with the Director unless: (a) The administrative law judge on the administrative law judge’s own motion, reviews the decision and issues an amended decision in which case the amended decision becomes the new decision and becomes final 60 calendar days after; or (b) A petition is filed in the Court of Appeals in accordance with ORS 183.482. (7) An administrative law judge may issue an amended decision prior to the previous decision becoming final. The amended decision shall be served as required by these rules and shall be subject to review. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8070 Appeals: Dismissal of Requests for Hearing (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 History: ED 1-2024, amend filed 01/04/2024, effective 01/12/2024 ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8075 Appeals: Reopening of a Hearing (1) After issuance of an administrative law judge’s written decision as set forth in OAR 471-070-8065, any party may file a request to reopen the hearing. An administrative law judge may reopen the hearing if the party: (a) Requesting the reopening failed to appear at the hearing; (b) Files in writing, within 20 calendar days of the date of mailing or electronic notification of the hearing decision, a request with Office of Administrative Hearings (OAH) and simultaneously provide a copy of the request to the department to reopen; and (c) Has good cause for failing to appear at the hearing. (2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an interested party’s reasonable control. (a) Good cause includes but is not limited to: (A) Failure to receive a document because the department or OAH mailed it to an incorrect address despite having the correct address; (B) For telephone or video conference hearings, unanticipated, and not reasonably foreseeable, loss of telephone or video conference service; or (C) Incapacity. (b) Good cause does not include: (A) Failure to receive a document due to not notifying the department or OAH of an updated address while the person is claiming benefits or if the person knows, or reasonably should know, of a pending appeal; (B) Not understanding the implications of a decision or notice when it is received. (3) The party requesting reopening shall set forth the reason(s) for missing the hearing in a written statement which the OAH shall consider in determining whether good cause exists for failing to appear at the hearing. (4) The administrative law judge’s ruling on a request to reopen the hearing shall be in writing and mailed to the parties. (5) The date that a request to reopen is considered filed shall be determined under OAR 471-070-8005. (6) Nothing in section (3) of this rule prevents the OAH from scheduling a hearing if, in the sole judgment of the OAH, testimony is required. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8080 Appeals: Late Request to Reopen Hearing (1) The period within which a party may request reopening of a hearing may be extended if the party requesting reopening: (a) Has good cause for failing to request reopening within the time allowed; and (b) Acts within a reasonable time. (2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an interested party’s reasonable control. (a) Good cause includes but is not limited to: (A) Failure to receive a document because the department or Office of Administrative Hearings (OAH) mailed it to an incorrect address despite having the correct address; (B) For telephone or video conference hearings, unanticipated, and not reasonably foreseeable, loss of telephone or video conference service; or (C) Incapacity. (b) Good cause does not include: (A) Failure to receive a document due to not notifying the department or OAH of an updated address while the person is claiming benefits or if the person knows, or reasonably should know, of a pending appeal; or (B) Not understanding the implications of a decision or notice when it is received. (3) The party requesting reopening shall set forth the reason(s) for filing a late request to reopen in a written statement, which the OAH shall consider in determining whether good cause exists for the late filing, and whether the party acted within seven calendar days after the circumstances that prevented a timely filing ceased to exist. (4) The date that a late request to reopen is considered filed shall be determined under OAR 471-070-8005. (5) Nothing in section (3) of this rule prevents the OAH from scheduling a hearing if, in the sole judgment of the OAH, testimony is required. (6) The administrative law judge’s decision on a late request to reopen shall be in writing and mailed to the parties. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8530 Good Cause for Failure to File Reports or Pay Contributions (1) As used in ORS 657B.910 and 657B.920 and OAR 471-070-8520, good cause for failure to file all required reports or to pay all contributions due will be found when the employer establishes, by satisfactory evidence, that factors or circumstances beyond the employer’s reasonable control caused the delay in filing the required report or paying the contribution due. (2) In determining good cause under section (1) of this rule, the director may consider all circumstances, but shall require at a minimum, that the employer: (a) Prior to the date the report or contributions were due, gave notice to the department, when reasonably possible, of the factors or circumstances which ultimately caused the delay; (b) Filed the required report or paid the contributions due no later than seven calendar days after the date determined by the director to be the date the factors or circumstances causing the delay ceased to exist; (c) Made a diligent effort to remove the cause of the delay and to prevent its recurrence; (d) Provided an official police report, or other documentation acceptable to the director or an authorized representative, that was made within 20 calendar days of a criminal act, or discovery of the act, if the delay was due to a criminal act by any party; and (e) Provided copies of timely filed reports and proof of all related payments to another jurisdiction, if the delay was due to making contributions to the incorrect jurisdiction. Good cause will be considered if, within 30 calendar days of the date the department or employer determines the contributions are due to the Paid Leave Oregon Trust Fund instead of another jurisdiction, the employer filed the required report and paid the contributions due. (3) In applying sections (1) and (2) of this rule, a lack of funds on the part of the employer shall not constitute good cause. (4) In applying sections (1) and (2) of this rule, failure to notify the department of an updated mailing address shall not constitute good cause. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.910 & ORS 657B.920 History: ED 3-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 4-2023, amend filed 07/31/2023, effective 08/01/2023 ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-8540 Penalty Amount When Employer Fails to File Report (1) If an employer fails to file all required reports within the time period described in ORS 657B.920(2), the department may assess a late filing penalty in addition to any other amounts due. (2) The penalty shall be 0.02 percent of the employer’s employees total Paid Leave Oregon s ubject wages for the late report rounded to the nearest $100. If the penalty is calculated to be less than $100, the amount will be the minimum of $100. Example: Athena’s Yoga and Piyo Studio has 20 employees with total Paid Leave Oregon subject wages for first quarter of 2024 of $120,000. Athena does not file the 2024 Oregon Quarterly Tax Report for the first quarter. The department sends a written notice warning on May 10, 2024, to Athena’s Yoga and Piyo Studio, but they do not correct the deficiency by filing the needed report. A penalty of $24 (0.0002 x $120,000 Paid Leave Oregon subject wages) is calculated by the department. But since the minimum penalty is $100, the penalty imposed by the department is $100. (3) The penalty assessment becomes final 20 calendar days from the date on which the department assessed the late filing penalty, unless the employer files a timely request for hearing as described in OAR 471-070-8005. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.920 History: ED 2-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 4-2023, amend filed 07/31/2023, effective 08/01/2023 ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022
543-001-0000 Reasonable Notice Prior to the adoption, amendment, or repeal of any rules, the State Librarian, Secretary to the Board, shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date. (2) By mailing a copy of the notice to persons on the State Librarian's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule. (3) By mailing a copy of the notice to the following persons, organizations and publications: (a) Associated Press; (b) Association of Oregon Counties; (c) League of Oregon Cities; (d) Department of Administrative Services; (e) Oregon Library Association; (f) Capitol Press Room. Statutory/Other Authority: ORS 183.341(4) & 357.026(1) Statutes/Other Implemented: ORS 183.341(4) History: OSL 1-1995, f. & cert. ef. 10-27-95 OSL 55, f. & ef. 1-12-76