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

Rule Rule 436-001-0170
Duties and Powers of the Administrative Law Judge


(1)

The administrative law judge may conduct the hearing in any manner consistent with these rules that will achieve substantial justice.
(2) Unless provided otherwise by statute or rule and except as stated in section (3) of this rule, any order issued by an administrative law judge regarding a matter within the director’s jurisdiction is a proposed and final order subject to review by the director under OAR 436-001-0246 (Proposed and Final Orders — Exceptions, Correction, Director Review).
(3) When appropriate, the administrative law judge may issue an interim order. An interim order is not subject to review by the director under OAR 436-001-0246 (Proposed and Final Orders — Exceptions, Correction, Director Review).
(4) The administrative law judge may dismiss requests for hearing as provided in OAR 436-001-0296 (Settlements and Dismissals).
(5) When appropriate, the administrative law judge may remand a dispute to the director for further administrative action.
(6) The administrative law judge may consolidate matters in which there are common parties or common issues of law or fact.
(7) The administrative law judge may separate matters to promote efficient disposition of the matters.
(8) Consolidation of matters under section (6) of this rule or under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim)(3)(c) is only for the purpose of hearing. The administrative law judge must issue a separate order for matters other than those concerning a claim.
(9) On the motion of a party, the division, or the administrative law judge, the administrative law judge may continue a hearing to allow the presentation of oral or written legal argument by the Department of Justice.
(10) The administrative law judge may send the division a written question regarding which rules or statutes apply to a matter, or regarding the division’s interpretation of the rules and statutes. If the administrative law judge sends such a question, the administrative law judge must provide a written summary of the context in which the question arises, provide a reasonable time for the division to respond, and send a copy to all parties.
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Last accessed
Jun. 8, 2021