Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0040 - Conduct of Hearing; Evidence; Proposed Order; Notice to Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(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				of this order unless this order is sooner withdrawn or modified by the Board.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).