Oregon Department of Consumer and Business Services, Workers' Compensation Division

Rule Rule 436-001-0003
Applicability and Purpose of these Rules

(1) OAR 436-001-0005 (Model Rules For Rulemaking) through 436-001-0009 (Notice of Division Rulemaking) establish supplemental procedures for rulemaking under ORS chapter 183 and apply to all division rulemaking on or after the date the rules are effective.
(2) OAR 436-001-0019 (Requests for Hearing) through 436-001-0296 (Settlements and Dismissals) establish supplemental procedures for hearings on matters within the director’s jurisdiction.
(a) In general, the rules of the Workers’ Compensation Board in OAR chapter 438 apply to the conduct of hearings, unless these rules provide otherwise.
(b) Except for OAR 436-001-0030 (Role of the Workers’ Compensation Division), these rules do not apply to hearings requested under ORS 656.740 (Review of proposed order declaring noncomplying employer or nonsubjectivity determination).
(c) These rules apply to hearings held on or after the date the rules are effective.
(3) OAR 436-001-0400 (General Provisions and Requirements for Attorney Fees Awarded by the Director) through 436-001-0440 (Time Within Which Attorney Fees Must Be Paid) apply to attorney fees awarded by the director under ORS 656.262 (Processing of claims and payment of compensation), 656.277 (Request for reclassification of nondisabling claim), and 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim), and to attorney fees awarded by the director or administrative law judge under ORS 656.385 (Attorney fees in cases regarding certain medical service or vocational rehabilitation matters)(1).
(a) These rules apply to orders issued on or after the date the rules are effective, regardless of the date the claim was filed.
(b) For attorney fees that are ordered to be paid in reconsideration proceedings under ORS 656.268 (Claim closure)(6), OAR 436-030-0175 (Fees and Penalties Within the Reconsideration Proceeding) applies.
(4) OAR 436-001-0500 (Refund of Overpayments) applies to any refund or credit processed by the director on or after the date the rule is effective, regardless of the date the payment was received.
(5) The director may waive procedural rules as justice requires, unless otherwise obligated by statute.

Last accessed
Jun. 8, 2021