Withdrawals and Dismissals
(a)A party or party’s representative may withdraw a request for a hearing orally or in writing at any time before a final order has been issued on the contested case.
(b)Following a withdrawal under subsection (a) of this section, the Department or OAH sends an order dismissing the hearing request to the party’s last known address. The party may cancel the withdrawal if a request to cancel the withdrawal is received by the Department representative up to the tenth work day following the date such an order is sent. If the party withdrew the hearing request in writing, the Department must receive a timely written request to cancel the withdrawal.
(c)The Department may withdraw any pending referral from OAH at any time before a final order is served when:
(A)The Department provides to the party the relief sought; or
(B)The Department and the party reach an agreement under ORS 183.417 (Procedure in contested case hearing)(3).
(2)Dismissals. An order dismissing a hearing request is issued when the party or the party’s representative does not appear at the time and place specified for the hearing.
(a)The dismissal by order is effective on the date the order is issued.
(b)The Department may reconsider and cancel the dismissal under OAR 137-003-0675 (Reconsideration and Rehearing — Contested Cases) on request of the party on a timely showing that the party was unable to attend the hearing and unable to request a postponement for reasons beyond party’s reasonable control. The Department may refer the reconsideration decision to OAH.
Rule 413-010-0530 — Withdrawals and Dismissals,