OAR 436-050-0008
Requests for Hearings or Administrative Review

(1) Request for hearing on an action concerning a worker’s right to compensation. Any party, or assigned claims agent, that disagrees with an action taken under these rules that concerns a worker’s right to compensation, or the amount of compensation due, may request a hearing by the board under ORS chapter 656 and OAR chapter 438.
(2) Request for hearing on proposed sanctions or civil penalties. Any party, or assigned claims agent, that disagrees with a proposed order, or proposed assessment of civil penalty, of the director issued under ORS 656.254 (Medical report forms), 656.735 (Civil penalty for noncomplying employers), 656.745 (Civil penalty for inducing failure to report claims), or 656.750 (Civil penalty for failure to maintain records of compensation claims) may request a hearing by the board. To request a hearing, the party or assigned claims agent must:
(a) Mail or deliver a written request to the division within 60 days of the mailing date of the proposed order or assessment; and
(b) Specify, in the request, the reasons why the party or assigned claims agent disagrees with the proposed order or assessment.
(3) Request for administrative review. Any party, or assigned claims agent, that disagrees with an action taken under these rules other than as described in section (1) of this rule may request the director to conduct an administrative review of the action.
(a) To request administrative review, the party or assigned claims agent must:
(A) Mail or deliver a written request for review to the division within 90 days of the contested action; and
(B) Specify, in the request, the reasons why the party or assigned claims agent disagrees with the action.
(b) Requests mailed more than 90 days after the contested action may be considered if the director determines there was good cause for delay, or that substantial injustice may otherwise result.
(4) Request for hearing on an action not concerning a worker’s right to compensation. Any party, or assigned claims agent, that disagrees with an action or order of the director under these rules other than as described in section (1) or (2) of this rule may request a hearing by filing a request under OAR 436-001-0019 (Requests for Hearing) within 30 days of the mailing date of the order or notice of action. OAR 436-001 applies to the hearing.

Source: Rule 436-050-0008 — Requests for Hearings or Administrative Review, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-050-0008.

436‑050‑0003
Purpose and Applicability 436‑050‑0005
Definitions 436‑050‑0008
Requests for Hearings or Administrative Review 436‑050‑0015
Suspension and Revocation of Authorization to Issue Workers’ Compensation Insurance Policies 436‑050‑0025
Service of the Notice of Civil Penalty Orders 436‑050‑0040
Responsibility for Providing Coverage When a Contract is Awarded 436‑050‑0045
Nonsubject Workers 436‑050‑0050
Corporate Officers, Limited Liability Company Members, Partners 436‑050‑0055
Extraterritorial Coverage 436‑050‑0110
Notice of Insurer’s Place of Business in State 436‑050‑0120
Records Insurers Must Keep in Oregon 436‑050‑0150
Qualifications of a Self-Insured Employer 436‑050‑0160
Applying for Certification as a Self-Insured Employer 436‑050‑0165
Security Deposit Requirements 436‑050‑0170
Excess Insurance Requirements 436‑050‑0175
Annual Reporting Requirements 436‑050‑0180
Determination of Amount of Self-Insured Employer’s Deposit 436‑050‑0185
Qualifications for Deposit Exemption for Self-Insured Cities, Counties, and Qualified Self-Insured Employer Groups, Application Procedures, Conditions and Requirements, Revocation and Requalification 436‑050‑0190
Using Self-Insured Employers’ Security Deposit/Self-Insured Employer Adjustment Reserve/Self-Insured Employer Group Adjustment Reserve/Director-Ordered Assessments of Private Employer Members of Self-Insured Employer Groups 436‑050‑0195
Requirements for Changes in Self-Insured Employer Entity 436‑050‑0200
Self-Insured Certification Cancellation 436‑050‑0205
Notice of Self-Insurer’s Personal Elections 436‑050‑0210
Notice of Self-Insurer’s Place of Business in State 436‑050‑0220
Records Self-Insured Employer Must Keep in Oregon 436‑050‑0230
Out-of-State Recordkeeping and Claims Processing by Self-Insured Employer 436‑050‑0260
Qualifications of a Self-Insured Employer Group 436‑050‑0270
Applying for Certification as a Self-Insured Employer Group: Private Employers 436‑050‑0280
Applying for Certification as a Self-Insured Employer Group: Governmental Subdivisions 436‑050‑0290
Commencement/Termination/Cancellation of Employers with a Self-Insured Employer Group 436‑050‑0300
Self-Insured Employer Group, Common Claims Fund 436‑050‑0340
Group Self-Insurance Revocation
Last Updated

Jun. 8, 2021

Rule 436-050-0008’s source at or​.us