808-008-0425 Petition to Modify or Correct an Award; Issuance (1) A party to an arbitration may petition the arbitrator to modify or correct an award. A party may file only one petition of an award under this rule as stated in subsection (13) of this rule. (2) The petition to modify or correct an award must be in writing and substantially conform to the requirements of OAR 808-008-0430. (3) To be considered, a petition to modify or correct an award must be received by the arbitrator within 21 days of mailing the proposed award. (4) If the arbitrator receives a timely petition to modify or correct an award, the arbitrator shall mail copies of the petition to the other parties to the arbitration and the agency. (5) A party may respond to the petition to modify or correct an award. To be considered, a response to the petition must be received by the arbitrator no later than 14 days after the arbitrator mailed a copy of the petition to the party. (6) The arbitrator may waive or extend the time limitations in sections (3) and (5) of this rule on a showing of good cause by the person requesting the waiver or extension. (7) The arbitrator may modify or correct an award: (a) If there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award; (b) If the arbitrator made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision on the claims submitted; (c) If the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted; (d) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (e) To clarify the award. (8) The arbitrator shall consider the petition and any response received from a non-petitioning party, except that the arbitrator may not consider evidence that was not introduced at the arbitration. (9) The arbitrator shall issue an amended award that addresses each substantial issue raised in the petition. The amended award may summarily dismiss issues as appropriate. The arbitrator may: (a) Affirm the original award and incorporate it in the amended award by reference; or (b) Issue a new award. (10) The agency may extend the time to issue an amended award. (11) If the arbitrator who prepared the award is not available to consider a petition to modify or correct the award, the Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge may assign another arbitrator to review the tapes and exhibits of the arbitration, the award, the petition and any response and render a decision on the petition. If the new arbitrator is unable to render a decision on the petition, the petition shall be deemed denied. (12) Arbitration awards are not considered “issued” for the purposes of ORS 671.703(9) until: (a) The time to file a petition to modify the award has expired with no request for modification; or (b) The arbitrator has determined to modify the award or not, if there was a timely petition for modification of the award filed by one or both parties. (13) Each party may file one petition to modify an initial Arbitration Award within 21 days after the award is signed by the arbitrator. Once the arbitrator makes a determination on all timely petitions filed, no additional petitions for modification may be requested. Neither party may file a petition to modify an Amended Arbitration Award. For procedures to respond to petitions for modification or seek judicial review of Amended Arbitration Awards, see OAR 808-008-0430. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.670 History: LCB 11-2014, f. & cert. ef. 12-1-14 LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 6-2003, f. & cert. ef. 10-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03