justicedao/ipfs_state_laws huggingface dataset:
471-040-0010 Late Request for Hearing (1)“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. (a) Good cause includes but is not limited to: (A) Failure to receive a document because the Employment Department or Office of Administrative hearings mailed it to an incorrect address despite having the correct address; (B) For telephone hearings, unanticipated, and not reasonably foreseeable, loss of telephone service. (b) Good cause does not include: (A) Failure to receive a document due to not notifying the Employment Department or Office of Administrative Hearings 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. (2) Notwithstanding section (1) of this rule, good cause for failing to file a timely request for hearing shall exist when the appellant provides satisfactory evidence that the Employment Department failed to follow its own policies with respect to providing service to a limited English proficient person, including the failure to communicate orally or in writing in a language that could be understood by the limited English proficient person upon gaining knowledge that the person needed or was entitled to such assistance. (3) "A reasonable time," is seven days after the circumstances that prevented a timely filing ceased to exist. (4) The appellant shall set forth the reason(s) for filing a late request for hearing 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 request was filed within a reasonable time. (5) 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. (6) This rule is effective for all hearing requests filed on or after August 26, 2011. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.875 History: ED 1-2012, f. & cert. ef. 2-10-12 ED 8-2011(Temp), f. & cert. ef. 8-26-11 thru 2-18-12 ED 12-2006, f. 12-1-06, cert. ef. 12-3-06 ED 10-2006(Temp), f. & cert. ef. 9-27-06 thru 3-21-07 1DE 150, f. & ef. 2-9-76
471-040-0015 Notice of Hearing (1) To afford all parties a reasonable opportunity for a fair hearing, notice of hearing setting forth the time, date, place, and issue(s) in general shall be personally delivered or mailed at least five days in advance of the hearing to parties or their authorized agents at their last known address as shown by the record of the Director. (2) The following parties shall be notified of a hearing when a request for hearing has been filed as provided by ORS 657.265 or 657.355: (a) The Director; (b) The claimant; (c) The employing unit entitled to notice of the determination or decision under ORS 657.265; and any employing unit that could be expected to have information relating to the issue(s) of the hearing. (3) In all other cases for which ORS Chapter 657 provides for hearing, parties who shall be notified of a hearing are: (a) The Director; and (b) The employer or employing unit which has filed a request or application for hearing. (4) To best serve the parties involved, an administrative law judge may set a hearing at a convenient location or convenient locations. (5) An administrative law judge may consolidate two or more hearings whenever it appears to the administrative law judge that such procedure will not unduly complicate the issues or jeopardize the rights of any of the parties. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.280 & 657.610 History: ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 1DE 2-1980, f. & ef. 2-5-80 1DE 153, f. 12-23-77, ef. 1-1-78 1DE 150, f. & ef. 2-9-76
471-040-0020 Subpoenas (1) At the timely request of a party or on the administrative law judge's own initiative, an administrative law judge may issue a subpoena requiring a person to appear at a scheduled hearing for the purpose of giving testimony, or producing books, records, documents, or other physical evidence. (2) A party that submits a request for subpoena should 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 should 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 material; 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 witnesses 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 Rule 55 E. (1), Rules of Civil Procedure, and in ORS 44.415(2) for subpoenaed witnesses. Fees will be paid by check mailed subsequent to the conclusion of the hearing. The witness shall request payment of fees by completion of forms approved by the Employment Department. Payment of fees shall be made promptly upon receipt of the request for payment. (7) Only witnesses, other than parties, who attend a hearing pursuant to subpoena issued under this rule may be paid or reimbursed by the Employment Department for witness fees and mileage. (8) For the purposes of ORS 657.295, the amount approved by the Director that counsel or agent representing an individual who is claiming benefits may charge or receive for the services is no more than 25% of an individual’s benefits affected by the administrative decision on a disputed claim and no more than 25% of the maximum benefit amount payable as defined under 657.150(5). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610, 657.155, 657.260, 657.295 & 657.317 History: ED 2-2014, f. 1-15-14, cert. ef. 2-23-14 ED 1-2014, f. 1-3-14, cert. ef. 2-23-14 ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 1-1991, f. & cert. ef. 4-1-91 1DE 1-1985, f. & ef. 11-18-85 1DE 8-1981, f. & ef. 11-2-81 1DE 153, f. 12-23-77, ef. 1-1-78 1DE 150, f. & ef. 2-9-76
471-040-0021 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 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & Ch. 729 & OL 1993 Statutes/Other Implemented: ORS 657.280 & 657.610 History: ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 8-2003, f. 5-22-03, cert. ef. 5-25-03 ED 4-1994, f. & cert. ef. 9-2-94 1DE 153, f. 12-23-77, ef. 1-1-78
471-040-0023 Telephone Hearings (1) Unless precluded by law, the Employment Department may, in its discretion, hold a hearing or portion of a hearing by telephone. Nothing in this rule precludes the Department from allowing some parties or witnesses to attend by telephone while others attend in person. (2) The Department may direct that a hearing be held by telephone upon request or on its own motion. (3) The Department shall make an audio or stenographic record of any telephone hearing. (4) Prior to commencement of an evidentiary hearing that is held by telephone, each party and the Department shall provide to all other parties and to the Department copies of documentary evidence that it will seek to introduce into the record. (5) Nothing in this rule precludes any party or the Department from seeking to introduce documentary evidence in addition to evidence described in section (4) during the telephone hearing and the presiding officer 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 Department and to the other parties, the hearing may be continued upon the request of any party or the Department for sufficient time to allow the party or the Department to obtain and review the evidence. (6) The Department may delegate to the administrative law judge the discretion to rule on issues raised under this rule. (7) As used in this rule, "telephone" means any two-way electronic communication device. Statutory/Other Authority: ORS 657.266, 657.270, 657.317, 657.610 & 183.105(7) Statutes/Other Implemented: ORS 657.280 & 657.610 History: ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 2-1995, f. 8-29-95, cert. ef. 9-3-95 1DE 2-1980, f. & ef. 2-5-80
471-040-0026 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) A 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 657 Statutes/Other Implemented: ORS 657.280, 657.610 & 657 History: ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 3-1999, f. 6-29-99, cert. ef. 7-4-99 1DE 153, f. 12-23-77, ef. 1-1-78
471-040-0030 Administrative Law Judge’s Decision (1) The administrative law judge shall promptly prepare and serve a written decision after the conclusion of the hearing. (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’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) Findings of fact; (e) Conclusions based upon the findings of fact; or a statement adopting conclusions set forth in the appealed administrative decision; and (f) A decision setting forth the action to be taken. (4) Copies of the administrative law judge’s decision shall be personally delivered or mailed to the parties, or their authorized agents, at their last address of record. (5) 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. (6) In accordance with the provisions of subsection (4) of ORS 657.270, an application for review of a administrative law judge’s decision may be filed by the Director or the Director's designee. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.280, 657.610 & 657.270(4) History: ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 3-1999, f. 6-29-99, cert. ef. 7-4-99 ED 5-1992, f. & cert. ef. 12-14-92 ED 1-1991, f. & cert. ef. 4-1-91 ED 1-1987, f. & ef. 1-12-87 1DE 2-1984, f. & ef. 9-28-84 1DE 2-1982, f. & ef. 12-8-82 1DE 5-1979, f. & ef. 8-27-79 1DE 153, f. 12-23-77, ef. 1-1-78 1DE 150, f. & ef. 2-9-76
471-040-0035 Dismissals of Requests for Hearing (1) An administrative law judge may order that a request for hearing be dismissed upon request from the appellant 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 Director's authorized representative after either one has: (a) Issued a new or amended determination or decision that grants the appellant that which was placed in issue by the request for 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 appellant fails to file the request for hearing within the time allowed by statute or rule; (b) The appellant employer, under ORS 657.485, fails to set forth with the request for hearing the reason therefor; (c) The appellant fails to appear at the hearing at the time and place stated in the notice of hearing; (d) The request for hearing has been filed prior to the service 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 or is made with respect to a determination or decision of the Director or authorized representative with respect to which there is no lawful authority to request a hearing. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.280, 657.610 & 657.485 History: ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 3-1999, f. 6-29-99, cert. ef. 7-4-99 1DE 153, f. 12-23-77, ef. 1-1-78 1DE 150, f. & ef. 2-9-76
471-040-0040 Reopening of a Hearing (1) After service of an administrative law judge's written decision as set forth in ORS 657.270, 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 days of the date of mailing of the hearing decision, a request 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 applicant’s reasonable control. (a) Good cause includes but is not limited to: (A) Failure to receive a document because the Employment Department or Office of Administrative hearings mailed it to an incorrect address despite having the correct address; (B) For telephone hearings, unanticipated, and not reasonably foreseeable, loss of telephone service. (b) Good cause does not include: (A) Failure to receive a document due to not notifying the Employment Department or Office of Administrative Hearings 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 Office of Administrative Hearings (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 filing date for a request to reopen shall be determined under OAR 471-010-0040. (6) The OAH will treat as a request to reopen the hearing any application for review that a party files with the Employment Appeals Board or the Employment Department, where the filing party failed to appear at the hearing that led to the decision on appeal, unless the applicant specifically states in the application that the applicant does not wish to have the case reopened. In the event that the OAH subsequently denies the request to reopen the hearing, it shall return the case to the Employment Appeals Board, which will then proceed to review the merits of the substantive decision. The original application for review shall serve as the basis for the Employment Appeals Board's review of the merits of that decision. (7) Nothing in subsection (3) of this rule prevents the OAH from scheduling a hearing if in the sole judgment of the OAH testimony is required. (8) This rule is effective for all requests to reopen filed after the effective date of this rule. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.280, 657.610 & 657 History: ED 1-2012, f. & cert. ef. 2-10-12 ED 8-2011(Temp), f. & cert. ef. 8-26-11 thru 2-18-12 ED 12-2006, f. 12-1-06, cert. ef. 12-3-06 ED 10-2006(Temp), f. & cert. ef. 9-27-06 thru 3-21-07 ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 2-2004(Temp), f. 5-3-04, cert. ef. 5-4-04 thru 10-31-04 ED 3-1999, f. 6-29-99, cert. ef. 7-4-99 1DE 153, f. 12-23-77, ef. 1-1-78 1DE 150, f. & ef. 2-9-76
471-040-0041 Late Request to Reopen (1) The period within which a party may request reopening 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 applicant’s reasonable control. (a) Good cause includes but is not limited to: (A) Failure to receive a document because the Employment Department or Office of Administrative hearings mailed it to an incorrect address despite having the correct address; (B) For telephone hearings, unanticipated, and not reasonably foreseeable, loss of telephone service. (b) Good cause does not include: (A) Failure to receive a document due to not notifying the Employment Department or Office of Administrative Hearings 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) "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. Statutory/Other Authority: ORS 657.270 & 657.875 Statutes/Other Implemented: ORS 657.280, 657.610 & 657.875 History: ED 1-2012, f. & cert. ef. 2-10-12 ED 8-2011(Temp), f. & cert. ef. 8-26-11 thru 2-18-12 ED 12-2006, f. 12-1-06, cert. ef. 12-3-06 ED 10-2006(Temp), f. & cert. ef. 9-27-06 thru 3-21-07
471-041-0050 Definitions (1) "ALJ" means Administrative Law Judge. (2) "Applicant" means the party on whose behalf the application for review was filed. (3) "EAB" means the Employment Appeals Board. (4) “Mail” means United States Postal Service mail or private mail carrier. (5) “OAH” means the Office of Administrative Hearings. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.685(6) History: ED 2-2019, amend filed 05/13/2019, effective 05/13/2019 ED 11-2006, f. 10-26-06, cert. ef. 10-29-06 ED 1-1995, f. & cert. ef. 1-9-95 ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0010 ED 3-1993, f. & cert. ef. 10-1-93 EAB 1-1984, f. & cert. ef. 3-20-84 EAB 1-1983(Temp), f. & cert. ef. 9-14-83
471-041-0060 Application for Review (1) An application for review may be filed on forms provided by OAH or the Employment Department and other similar offices in other states. Use of the form is not required, provided the applicant requests review of a specific ALJ Order, or otherwise expresses intent to appeal an ALJ Order. (2) An application for review may be filed in person, or by mail, fax, or electronic means to EAB, or any office of the Employment Department, including OAH, or any Employment Security Agency in any other state or jurisdiction where the applicant is claiming benefits. (3) An application for review that does not conform to the requirements of this rule is subject to dismissal. (4) Except as otherwise stated in this rule, EAB will treat an application for review by a claimant or employer that failed to appear at a hearing as a request to reopen the hearing under ORS 657.270. (5) An application for review filed by a claimant or employer that failed to appear at the hearing and whose request for hearing was not dismissed for failure to appear will be treated as an application for review if: (a) The applicant expresses in the application for review that they are not requesting to reopen the hearing, or (b) The application for review does not include a written statement that sets forth the reason(s) for missing the hearing as required under OAR 471-040-0040(3). Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.685 History: ED 2-2019, amend filed 05/13/2019, effective 05/13/2019 ED 2-2008, f. & cert. ef. 1-8-08 ED 5-2007(Temp), f, & cert. ef. 10-16-07 thru 4-12-08 ED 11-2006, f. 10-26-06, cert. ef. 10-29-06 ED 8-2006, f. 7-27-06, cert. ef. 7-30-06 ED 5-2004, f. 7-30-04, cert. ef. 8-1-04 ED 3-2004(Temp), f. 5-3-04, cert. ef. 5-4-04 thru 10-31-04 ED 5-1999, f. 7-28-99, cert. ef. 8-1-99 ED 6-1996, f. 10-15-96, cert. ef. 10-21-96 ED 1-1995, f. & cert. ef. 1-9-95 ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0005 ED 3-1993, f. & cert. ef. 10-1-93 EAB 1-1984, f. & cert. ef. 3-20-84 EAB 1-1983(Temp), f. & cert. ef. 9-14-83
471-041-0065 Filing Dates (1) Filing dates shall be determined as follows: (a) If delivered in person, the filing date is the date of delivery, as evidenced by the receipt date stamped or written by the public employee who received the document. (b) If mailed, the filing date is the date that the document is deposited in the United States mail in an envelope with first class postage, as evidenced by the postmark affixed to the envelope by the United States Postal Service. (c) If mailed through a carrier other than the United States Postal Service, the filing date is the date that the document is deposited with that carrier, as evidenced by the date affixed to the envelope by that carrier. (d) If faxed, the filing date is the encoded date on the faxed document. (e) If filed by electronic means, the filing date is the encoded date on the electronic document. (2) Where the information specified in section (1) of this rule is missing, unclear, or improbable the filing date is the date that EAB determines to be the most probable date of filing. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.685(6) History: ED 2-2019, amend filed 05/13/2019, effective 05/13/2019 ED 11-2006, f. 10-26-06, cert. ef. 10-29-06 ED 1-1995, f. & cert. ef. 1-9-95