justicedao/ipfs_state_laws huggingface dataset:
438-019-0060 Settlement Agreements (1) Any resolution involving matters arising under ORS Chapter 656 that is reached by the parties shall be reduced to writing and shall comply with the requirements set forth in OAR 438. (2) The parties may, by agreement, resolve issues that arise outside the scope of ORS Chapter 656 and reduce those agreements to writing. Such agreements, however, shall be separate from any agreement resolving the workers’ compensation issues and shall not be enforceable by the Workers’ Compensation Board. Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.012(2)(b), 656.283(1), 656.283(9) & 656.289(4) History: WCB 1-1997, f. 3-20-97, cert. ef. 7-1-97
438-020-0001 Special Definitions As used in this division: (1) "Certified interpreter" means an interpreter who has been certified under ORS 45.291; (2) "Disabled person" means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment; (3) "Interpreter Services Coordinator" (ISC) means a Board employee who is responsible for coordinating procedures regarding the identification, appointment, notification, and removal of interpreters, and who, when designated by an Administrative Law Judge, is responsible for appointing an interpreter. (4) "Non-English speaking person" means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate effectively in the proceedings; (5) "Qualified interpreter" means a person who is readily able to communicate with the non-English speaking person and who can orally transfer the meaning of statements to and from English and the language spoken by the non-English speaking person. A qualified interpreter must be able to interpret in a manner that conserves the meaning, tone, level, style and register of the original statement, without additions or omissions. "Qualified interpreter" does not include any person who is unable to interpret the dialect, slang or specialized vocabulary used by the party or witness. In proceedings involving a "disabled person," a "qualified interpreter" means a person who is readily able to communicate with the disabled person, interpret the proceedings and accurately repeat and interpret the statements of the disabled person to the ALJ. Statutory/Other Authority: ORS 656.726(5) & 183.310 - 183.400 Statutes/Other Implemented: ORS 656.726(5), 45.273, 45.275, 45.285 & 45.288 History: WCB 1-2001, f. 4-12-01, cert. ef. 7-1-01
438-020-0005 ALJ Designation Pursuant to ORS 45.275(1), an Administrative Law Judge (ALJ) is empowered to appoint qualified interpreters in hearings over which they preside. The ALJ may designate the Hearings Division's Interpreter Services Coordinator (ISC) or another designee to appoint the interpreter. Statutory/Other Authority: ORS 656.726(5) & 183.310 - 183.400 Statutes/Other Implemented: ORS 656.726(5), 45.273, 45.275, 45.285 & 45.288 History: WCB 17-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 1-2001, f. 4-12-01, cert. ef. 7-1-01
438-020-0010 Notice of Need for and Appointment of Interpreter (1) When a party or a party's attorney determines that an interpreter is needed, the attorney, or an unrepresented claimant, shall immediately notify the Hearings Division's ISC. Notification is preferred by means of the Board’s website portal (https://portal.wcb.oregon.gov), website Online Services page (www.wcb.oregon.gov), mail, or FAX, although telephonic notification will be accepted. Notification should contain: (a) The claimant's name; (b) The WCB case number; (c) The insurer claim number; (d) The date, time and location of the hearing; (e) The assigned ALJ; and (f) The specific interpretation needs, such as the language and dialect, the need for multiple interpreters and the anticipated length of the proceeding if it is reasonably expected to last more than two hours; (2) The ISC, another designee of the assigned ALJ, or the assigned ALJ will appoint a certified or qualified interpreter and promptly notify the parties, or their representatives, of the name of the appointed interpreter. (3) If there is an objection to the appointed interpreter, the objecting party shall communicate the objection to the assigned ALJ within a reasonable time. (4) If, after the appointment of an interpreter, a proceeding is postponed or continued for reasons other than, and not including, an objection to or dissatisfaction with an appointed interpreter, it shall be presumed that the parties have no objection to the use of an interpreter previously appointed for the case and to whom no objection was made within a reasonable time after such appointment. Statutory/Other Authority: ORS 656.726(5) & 183.310–183.400 Statutes/Other Implemented: ORS 656.726(5), 45.273, 45.275, 45.285 & 45.288 History: WCB 1-2013, f. 2-11-13, cert. ef. 4-1-13 WCB 1-2012, f. 8-22-12, cert. ef. 11-1-12 WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96 WCB 1-2001, f. 4-12-01, cert. ef. 7-1-01
438-020-0015 Removal of Interpreter After the appointment of an interpreter, the ALJ shall remove the interpreter and another interpreter shall be appointed if, at any time prior to or during the hearing, the ALJ determines that: (1) The appointed interpreter has a conflict of interest with the ALJ, any party, attorney or witness; (2) The appointed interpreter is unable to adequately interpret and/or is unable to understand or be understood by the ALJ, a party, an attorney or a witness; (3) The appointed interpreter is unable or unwilling to cooperate with the ALJ, a party, an attorney or a witness; or (4) Other good cause exists, in the discretion of the ALJ, to remove the appointed interpreter. Statutory/Other Authority: ORS 656.726(5) & 183.310 - 183.400 Statutes/Other Implemented: ORS 656.726(5), 45.273, 45.275, 45.285 & 45.288 History: WCB 1-2001, f. 4-12-01, cert. ef. 7-1-01
438-020-0020 Cancellation When a party or a party's attorney becomes aware that interpreter services are no longer needed, the attorney for the party, or the unrepresented party, shall immediately notify the assigned ALJ. Statutory/Other Authority: ORS 656.726(5) & 183.310 - 183.400 Statutes/Other Implemented: ORS 656.726(5), 45.273, 45.275, 45.285 & 45.288 History: WCB 1-2001, f. 4-12-01, cert. ef. 7-1-01
438-021-0005 Purpose The purpose of these rules is to establish a standard procedure for regular open meetings of the Workers’ Compensation Board. With the exception of its review of contested cases and any other confidential or privileged matter, it is the specific intent of the Board to make the public aware of its deliberations, decisions, and the information upon which such decisions are made. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02
438-021-0010 Regularly Scheduled Meetings (1) In consultation with the Board and in accordance with ORS 192.610 to 192.690, the Chairperson shall establish the time, date, and place for the Board or Committees of the Board to meet. In any event, the Chairperson shall call a meeting of the Board: (a) Within 30 days of adoption of this rule; (b) Within 30 days of a reconstitution of the Board; (c) Within 30 days of written notice from a majority of Board Members that a Board meeting must be held; and (d) At least once within every quarter of the calendar year. (2) Nothing in this rule will prevent the Chairperson from calling more frequent meetings of the Board. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02
438-021-0015 Duties of the Chairperson (1) The Chairperson, or the Board Members calling the meeting, shall prepare the agenda for each meeting. (2) The order of business for Board meetings shall be as follows: (a) Call to order; (b) Approval of the agenda and order of business; (c) Approval of minutes of the previous meetings; (d) Reports of the administrative staff; (e) Any unfinished business; (f) New business; (g) Public comment; (h) Announcements; and (i) Adjournment. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02
438-021-0020 Consultation of the Board (1) The Chairperson shall consult with the Board on all matters requiring such consultation under ORS 656.001 to 656.990 during meetings as set forth in these rules. (2) These consultations shall be made prior to any decision by the Chairperson. Statutory/Other Authority: ORS 656.726(5) Statutes/Other Implemented: ORS 656.726(5) History: WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02
438-022-0005 Adoption of Attorney General’s Model Rules To the extent that the following rules are applicable to the Workers’ Compensation Law (ORS chapter 656), the Board adopts by reference OAR 137-001-0005 through 137-001-0100 (Attorney General’s Model Rules for Rulemaking), as adopted by the Department of Justice effective January 1, 2008. [ED. NOTE: The full text of the Model Rules is available from the Department of Justice, the Workers’ Compensation Board, or the Oregon State Archives website at https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=281.] Statutory/Other Authority: ORS 656.726(5) & ORS 654.025(2) Statutes/Other Implemented: ORS 183.341(4) History: WCB 1-2025, amend filed 12/22/2025, effective 01/01/2026 WCB 1-2013, f. 2-11-13, cert. ef. 4-1-13 WCB 1-2007, f. 1-19-07, cert. ef. 3-1-07 WCB 1-2004, f. 6-23-04 cert. ef. 9-1-04 WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03
438-022-0010 Notice of Rulemaking (1) Prior to adoption, amendment or repeal of any administrative rule, other than a temporary rule adopted under ORS 183.335(5), the Board shall give notice of the intended action: (a) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action; (b) By mailing or emailing a copy of the notice to persons on the Board’s mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the intended action; (c) By emailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the intended action; and (d) By mailing, emailing, or furnishing a copy of the notice to: (A) The Oregonian; (B) The Associated Press; and (C) The Capitol Press Room. (2) The Board shall give notice of any administrative rulemaking hearing: (a) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 14 days before the hearing; and (b) By mailing or emailing notice of the hearing to any person requesting the hearing and to the persons on the Board’s mailing list established pursuant to ORS 183.335(8) at least 21 days before the hearing. (3) A person or organization may elect to receive notification by mail, email, or both, of the Board’s proposed rulemaking actions. (a) A person or organization may elect to receive notification by email at https://service.govdelivery.com/accounts/ORDCBS/subscriber/new. (b) A person or organization may elect to receive notification by mail by sending a request in writing, including the person or organization’s full name and mailing address, to the following address: Rules Coordinator Workers’ Compensation Board 2601 25th St Ste 150 Salem OR 97302 Statutory/Other Authority: ORS 656.726(5) & ORS 654.025(2) Statutes/Other Implemented: ORS 183.341(4) History: WCB 1-2025, amend filed 12/22/2025, effective 01/01/2026 WCB 1-2004, f. 6-23-04 cert. ef. 9-1-04 WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03
438-082-0001 Statutory Authority; Adoption Procedures (1) The statutory authority for the adoption of these rules is ORS 656.726(5) and 147.155. (2) These rules are adopted in accordance with ORS Chapter 183 and the Attorney General’s Model Rules of Procedure applicable to rulemaking functions. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86
438-082-0005 Applicability; Effective Date; Repeal of Prior Rules (1) These rules apply to victims or dependents of deceased victims who apply for compensation under the Compensation Act for Victims of Crime (ORS Chapter 147 and OAR 137-076-0005, et seq.) (2) These rules are effective September 1, 1986, and apply to all appeals pending at that time, regardless of the the date of injury. (3) OAR 438-082-0000 through 438-082-0045, effective May 1, 1978 are hereby repealed. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0010 Definitions (1) “Applicant” means any person who applies to the Department for Compensation under the Compensation Act for victims of Crime (ORS Chapter 147 and OAR 137-076-0005 et seq.). (2) “Board” means the Workers’ Compensation Board. (3) “Department” means the Department of Justice. (4) “Interested person” means an applicant, the Department and any other persons named and admitted as a full participant in an appeal. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0015 Request for Review by Board (1) The request for Board review of a decision of the Department shall be in writing, signed by the applicant and mailed to the Board at 2601 25th Street SE, Suite 150, Salem, Oregon 97302-1282, and shall contain the applicant’s mailing address and telephone number, if applicant has a telephone. (2) The request for Board review should contain a brief statement of the reasons the applicant disagrees with the decision of the Department; however, the failure of an applicant to comply with this subsection shall not be cause for dismissal of the request for review. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 1-1999, f. 8-24-99, cert. ef. 11-1-99 WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0020 Notification of Department; Premature Request for Review (1) The Board shall forthwith notify the Department in writing of the request for review and shall mail a copy of the request for review to the Department. If the Department has not yet reconsidered its initial order under the provisions of ORS 147.145, the request for review shall be deemed to be a request for reconsideration by the Department. Upon receipt from Board of such a premature request for review, the Department shall forthwith notify the Board and the applicant and shall proceed to reconsider the order pursuant to 147.145. (2) The Department may file a response to the request for review. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0025 Acknowledgement of Request for Review; Record (1) The Board shall forthwith notify the applicant of its receipt of the request for review. The notice shall direct the applicant to inform the Board not later than 15 days after the mailing of the record by the Department whether the applicant requests a fact finding hearing and, if a hearing is requested, what findings of fact, conclusions or portions of the Department’s order are contested. (2) Not later than 15 days after mailing of notification of the request for review to the Department, the Department shall file with the Board a certified copy of the entire Department record, including an index of all items contained in the record. The Department shall simultaneously mail to the applicant a certified copy of the record, except that any material deemed confidential by the Department may be excluded from the copy of the record mailed to the applicant. If confidential material in excluded from the copy of the record mailed to the applicant, the applicant shall be informed that material has been excluded from the applicant’s copy of the record on the basis of its confidentiality. (3) Upon receipt and review of the record, the Board may release additional material to the applicant or may declare additional material confidential. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0030 Standard of Review; Review Without Hearing (1) The standard of review by the Board shall be de novo upon the entire record. (2) If the applicant does not request a fact finding hearing within 15 days of the mailing of the record, the review shall be confined to the record filed by the Department and any written argument filed by the interested parties. The applicant’s written argument, if any, must be filed with the Board not later than 30 days after the mailing of the record to be considered. The Department shall be allowed 15 days from the filing of the applicant’s written argument to file its response, or, of the applicant files no written argument, the Department’s written argument, if any, shall be filed not later than 45 days after the mailing of the record. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0035 Fact Finding Hearing (1) If the applicant requests a fact finding hearing, the Board may appoint a special hearings officer to preside over the hearing. (2) Any person considered necessary by the Board or its special hearings officer for a full determination of all issues shall be joined as a party to the hearing. (3) The Board or its special hearings officer shall give not less than ten (10) days written notice of the hearing to all interested parties. (4) Postponement of a scheduled hearing shall be requested as soon as possible and may be allowed by the Board or it special hearings officer upon reasonable justification. A special hearings officer may postpone a hearing at the convenience of the Board. Postponed hearings shall be rescheduled upon not less than ten (10) days written notice to all interested parties. (5) The hearing shall be held at Salem, Oregon, unless in the judgment of the Board the holding of the hearing at some other place would avoid undue hardship to an interested party. (6) A prehearing conference may be conducted by the Board or its special hearings officer for the purpose of simplifying and clarifying the issues or expediting the proceeding. A prehearing conference may be conducted by telephone conference call. Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0040 Conduct of Hearing; Evidence; Proposed Order; Notice to Parties (1) A record of all proceedings shall be made, except that no record need be made of prehearing conferences. The record shall be transcribed only by order of the Board. (2) Subject to sections (3) and (7) of this rule, the hearing may be conducted in any manner reasonably calculated to achieve substantial justice. (3) The entire record filed by the Department with the Board shall be received into evidence. No other documentary evidence shall be received. Only those persons whose statements were considered by the Department in reaching its decision shall be permitted to give testimony. Subject only to these limitations, there are no formal or technical rules of evidence; however, evidence may be excluded if it is irrelevant or unduly repetitious. (4) If the applicant fails to appear at the requested hearing, the special hearings officer shall forthwith issue an order requiring the applicant to show cause in writing within ten days why the applicant’s request for Board review of Department’s decision should not be dismissed as having been abandoned. If no or an insufficient response is received to the order to show cause, the Board may dismiss the applicant’s request for review of Department’s decision or may take such other action as it deems appropriate. (5) Not more than 30 days after the conclusion of the hearing, the special hearings officer shall file with the Board all documentary evidence received together with written findings of fact, conclusions, and a proposed order. Copies of the written findings of fact, conclusions and proposed order shall be simultaneously mailed to all interested parties. (6) The proposed order shall contain the following notice: "NOTICE TO ALL PARTIES: This order will be reviewed automatically by the Workers’ Compensation Board within 30 days and will become a final order of the Workers’ Compensation Board 30 days from the mailing date of this order unless this order is sooner withdrawn or modified by the Board. Objections to this proposed order must be in writing and filed with Workers’ Compensation Board, 2601 25th Street SE, Suite 150, Salem, OR 97302-1282 within 20 days from the date of this order to be considered." (7) Hearings under these rules shall be open to the public except: (a) The Board or a special hearings officer shall close the hearing to the public upon the motion or request of an applicant or, if the applicant is a minor, a parent or guardian of the applicant, for any of the reasons set forth in ORS 147.115(1); and (b) The Board or a special hearings officer may close the hearing to the public upon the motion or request of an interested party other than the applicant or upon its or their own motion for any of the reasons set forth in ORS 147.115(1). Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 18-2022, minor correction filed 03/15/2022, effective 03/15/2022 WCB 1-1999, f. 8-24-99, cert. ef. 11-1-99 WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0045 Board Decision (1) In cases in which the Board’s decision is made upon a review of the record and written argument only, the Board will issue its decision in writing within a reasonable time. The decision shall be mailed to all interested parties. (2) In cases in which a hearing is held, the Board shall within 30 days of receipt of the record from the special hearings officer review the record together with the findings of fact, conclusions and proposed order. Unless sooner withdrawn or modified by the Board, the findings of fact, conclusions and proposed order of the Board’s special hearings officer shall be a final order of the Board 30 days after the filing of the proposed order with the Board and mailing to interested parties pursuant to OAR 438-082-0040(5). Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86 WCB 5-1978, f. 4-14-78, ef. 5-1-78
438-082-0050 Reconsideration; No Further Review (1) Upon its own motion or the request of any interested party, within 30 days after a final decision of the Board the Board may withdraw its decision for reconsideration. On reconsideration, the Board may affirm its previous decision, issue a new order or make such other disposition of the case as it deems justified. (2) An order on reconsideration shall contain the following notice: “Notice to all parties: This order is final and is not subject to further reconsideration or administrative or judicial review.” Statutory/Other Authority: ORS 183.310 - 183.410, 147.155(5) & 656.726(4) Statutes/Other Implemented: ORS 147.155 & 656.726(4) History: WCB 3-1986, f. 8-28-86, ef. 9-1-86