OAR 137-003-0528
Late Hearing Requests

(1)

Intentionally left blank —Ed.

(a)

The agency must accept a properly addressed hearing request that was not timely filed if it was postmarked within the time specified for timely filing, unless any of the following applies:

(A)

A statute prohibits the agency from accepting it;

(B)

The agency has adopted an administrative rule exempting itself from this requirement based on operational conflicts; or

(C)

The agency receives the request 60 calendar days or more after the entry of the final order by default or other deadline established by applicable statute or agency rule.

(b)

The agency may accept any other late hearing request only if:

(A)

There was good cause for the failure to timely request the hearing, unless other applicable statutes or agency rules provide a different standard; and

(B)

The agency receives the request before the entry of a final order by default or before 60 calendar days after the entry of the final order by default, unless other applicable statutes or agency rules provide a different timeframe.

(c)

If a final order by default has already been entered, the party requesting the hearing shall deliver or mail within a reasonable time a copy of the hearing request to all persons and agencies required by statute, rule or order to receive notice of the proceeding.

(d)

In determining whether to accept a late hearing request, the agency may require the request to be supported by an affidavit or other writing that explains why the request for hearing is late and may conduct such further inquiry as it deems appropriate.

(e)

Before granting a party’s late hearing request, the agency will provide all other parties, if any, an opportunity to respond to the late hearing request.

(f)

The requirement imposed in subsection (1) of this rule and the good cause standard adopted in subsection (2) shall apply to hearing requests on notices issued after January 31, 2012.

(2)

If a party files a request for a hearing that the agency finds is untimely and the party disputes the agency finding of the date that the request was received or postmarked or that the agency mailed or delivered the notice, then the agency will refer the matter to the Office of Administrative Hearings to provide a right to a hearing on that factual dispute. The administrative law judge will issue a proposed order recommending that the agency find that the hearing request is either timely filed or late.

(3)

If the agency or another party disputes the facts contained in the explanation of why the request for hearing is late, the agency will provide a right to a hearing on the reasons why the hearing request is late. The administrative law judge will issue a proposed order recommending that the agency grant or deny the late hearing request.

(4)

In addition to the right to a hearing provided in (2) and (3) of this rule, the agency by rule or in writing may provide in any case or class of cases a right to a hearing on whether the late filing of a hearing request should be accepted. If a hearing is held, it must be conducted pursuant to these rules by an administrative law judge from the Office of Administrative Hearings.

(5)

If the late hearing request is allowed by the agency, the agency will enter an order granting the request and refer the matter to the Office of Administrative Hearings to hold a hearing on the underlying matter. If the late hearing request is denied by the agency, the agency shall enter an order setting forth reasons for the denial.

(6)

Except as otherwise provided by law, if a final order by default has been entered, that order remains in effect during consideration of a late hearing request unless the final order is stayed under OAR 137-003-0690 (Stay Request — Contested Case).

(7)

When a party requests a hearing more than 60 calendar days (or other time period set by statute) after the agency or administrative law judge has entered a final order by default, the agency shall not grant the request unless a statute or agency rule permits the agency to consider the request.

Source: Rule 137-003-0528 — Late Hearing Requests, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0528.

137‑003‑0000
Applicability of Rules in OAR 137, Division 3 137‑003‑0001
Contested Case Notice 137‑003‑0002
Rights of Parties in Contested Cases 137‑003‑0003
Late Filing 137‑003‑0005
Participation as Party or Limited Party 137‑003‑0007
Agency Participation as Interested Agency or Party 137‑003‑0008
Authorized Representative in Designated Agencies 137‑003‑0010
Emergency License Suspension, Refusal to Renew 137‑003‑0015
Use of Collaborative Dispute Resolution in Contested Cases Hearing 137‑003‑0025
Discovery in Contested Cases Hearing 137‑003‑0035
Prehearing Conferences 137‑003‑0036
Individually Identifiable Health Information 137‑003‑0037
Qualified Interpreters 137‑003‑0040
Conducting Contested Case Hearing 137‑003‑0045
Telephone Hearings 137‑003‑0050
Evidentiary Rules 137‑003‑0055
Ex Parte Communications 137‑003‑0060
Proposed Orders in Contested Cases, Filing Exceptions 137‑003‑0070
Final Orders in Contested Cases 137‑003‑0075
Final Orders by Default 137‑003‑0080
Reconsideration and Rehearing — Contested Cases 137‑003‑0090
Stay Request 137‑003‑0091
Intervention in Stay Proceeding 137‑003‑0092
Stay Proceeding and Order 137‑003‑0501
Rules for Office of Administrative Hearings 137‑003‑0505
Contested Case Notice 137‑003‑0510
Rights of Parties in Contested Cases 137‑003‑0515
Agency Referral to Office of Administrative Hearings 137‑003‑0520
Filing and Providing Copies of Documents in Contested Case 137‑003‑0525
Scheduling Hearings 137‑003‑0528
Late Hearing Requests 137‑003‑0530
Late Filing and Amendment of Documents 137‑003‑0535
Participation as Party or Limited Party 137‑003‑0540
Agency Participation as Interested Agency or Party 137‑003‑0545
Representation of Agency by Attorney General or Agency Representative 137‑003‑0550
Representation of Parties 137‑003‑0555
Authorized Representative of Parties Before Designated Agencies 137‑003‑0560
Emergency License Suspension, Refusal to Renew 137‑003‑0565
Use of Collaborative Dispute Resolution in Contested Case Hearing 137‑003‑0566
Discovery in Contested Case Hearing — Methods 137‑003‑0567
Discovery in Contested Case Hearing — Standard 137‑003‑0568
Discovery in Contested Case Hearing — Procedure 137‑003‑0569
Discovery in Contested Case Hearing — Enforcement 137‑003‑0572
Depositions in Contested Cases 137‑003‑0573
Individually Identifiable Health Information 137‑003‑0575
Prehearing Conferences 137‑003‑0580
Motion for Summary Determination 137‑003‑0585
Subpoenas 137‑003‑0590
Qualified Interpreters 137‑003‑0595
Public Attendance 137‑003‑0600
Conducting the Contested Case Hearing 137‑003‑0605
Telephone Hearings 137‑003‑0610
Evidentiary Rules 137‑003‑0615
Judicial Notice and Official Notice of Facts 137‑003‑0625
Ex Parte Communications with Administrative Law Judge 137‑003‑0630
Motions 137‑003‑0635
Transmittal of Questions to the Agency 137‑003‑0640
Immediate Review by Chief Administrative Law Judge 137‑003‑0645
Proposed Orders in Contested Cases 137‑003‑0650
Exceptions to Proposed Order 137‑003‑0655
Further Hearing and Issuance of Final Order 137‑003‑0660
Ex Parte Communications to Agency during Review of Contested Case 137‑003‑0665
Final Orders in Contested Cases 137‑003‑0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default 137‑003‑0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing 137‑003‑0675
Reconsideration and Rehearing — Contested Cases 137‑003‑0690
Stay Request — Contested Case 137‑003‑0695
Intervention in Stay Proceeding 137‑003‑0700
Stay Proceeding and Order
Last Updated

Jun. 8, 2021

Rule 137-003-0528’s source at or​.us