OAR 436-070-0008
Administrative Review
(1)
Contested case hearings regarding sanctions and civil penalties: Any employer as defined by ORS 656.005 (Definitions) aggrieved by a proposed order or proposed assessment of civil penalty of the director issued pursuant to ORS 656.745 (Civil penalty for inducing failure to report claims) may request a hearing by the Hearings Division of the Workers’ Compensation Board in accordance with 656.740 (Review of proposed order declaring noncomplying employer or nonsubjectivity determination).(a)
The request for hearing must be sent in writing to the administrator of the Workers’ Compensation Division. No hearing will be granted unless the request specifies the grounds upon which the person requesting the hearing contests the proposed order or assessment.(b)
The request for hearing must be filed with the administrator of the Workers’ Compensation Division within 60 days after the mailing of the proposed order or assessment. No hearing will be granted unless the request is mailed or delivered to the administrator within 60 days after the mailing date of the proposed order or assessment.(2)
Hearings regarding estimation actions and orders: Under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim)(2), any employer who disagrees with an action or order of the director under these rules, other than as described in section (1), may request a hearing by filing a request for hearing as provided in 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 436-070-0008 — Administrative Review, https://secure.sos.state.or.us/oard/view.action?ruleNumber=436-070-0008
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