OAR 438-085-0305
Transmittal of Documents to Hearings Division

(1)

The Board will defer action on a Request for Hearing for 90 days unless:

(a)

There is a withdrawal of the citation or Request for Hearing;

(b)

A settlement is reached;

(c)

There is an express waiver of participation in the OR-OSHA informal settlement conference process;

(d)

An expedited hearing is required by ORS 654.078 (Contesting violations)(6); or

(e)

There is a motion or matter requiring action by an Administrative Law Judge.

(2)

If, during the deferral period, the case is settled or the citation or request for hearing is withdrawn, or there is any other reason the case requires action by an Administrative Law Judge, OR-OSHA shall immediately transmit to the Hearings Division those documents necessary to allow the Administrative Law Judge to dismiss the request for hearing and close the case, or take whatever other action is required.

(3)

At the expiration of 90 days or in all other cases described in section (1) of this rule, OR-OSHA shall transmit to the Hearings Division the following documents:

(a)

A statement of the reason for the transmittal;

(b)

A list of the documents transmitted;

(c)

The original request for hearing;

(d)

A copy of the contested citation, notice or order;

(e)

Any other document pertinent to the reason for the transmittal.

(4)

OR-OSHA shall mail a copy of the notice of transmittal and list of transmitted documents to all parties.

Source: Rule 438-085-0305 — Transmittal of Documents to Hearings Division, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-085-0305.

438–085–0006
Scope 438–085–0010
Effective Date 438–085–0017
Board Policy 438–085–0021
Number 438–085–0026
Definitions 438–085–0111
Form and Content of Request for Hearing 438–085–0116
Where to File a Request for Hearing 438–085–0131
Computing Time Periods 438–085–0141
Untimely Requests for Hearing 438–085–0200
Special Definitions 438–085–0210
Mediator Qualifications 438–085–0216
Untimely Appeals 438–085–0220
Standards of Mediator Conduct 438–085–0240
Standards of Conduct for Representatives and Parties 438–085–0250
Requests for Mediation 438–085–0260
Mediation Agreements 438–085–0305
Transmittal of Documents to Hearings Division 438–085–0306
Hearings Division Response to Request For Hearing 438–085–0406
Necessary Parties 438–085–0411
Employee Rights 438–085–0426
Intervention 438–085–0431
Representatives of Parties 438–085–0436
Access to Documents 438–085–0506
Captions of Cases 438–085–0511
Form of Documents 438–085–0526
Amendments as of Right 438–085–0531
Correction of Defective Request for Hearing 438–085–0541
Service of Documents on Other Parties 438–085–0545
Proof of Service 438–085–0550
Ex Parte Communications 438–085–0606
Withdrawal of Request for Hearing 438–085–0611
Withdrawal by Affected Employee, Authorized Representative, or Intervenor 438–085–0616
Withdrawal by OR-OSHA 438–085–0621
Settlement 438–085–0631
Sanctions for Failure to File Documents 438–085–0710
Setting and Notice of Hearing 438–085–0715
Place of Hearing 438–085–0718
Hearing Security 438–085–0720
Postponement or Continuance of Hearing 438–085–0725
Statement of Issues 438–085–0730
Consolidation or Separation 438–085–0735
Motions 438–085–0740
Discovery 438–085–0745
Subpoenas 438–085–0750
Change of Administrative Law Judge 438–085–0755
Extensions of Time 438–085–0800
Decision by Administrative Law Judge Without Hearing 438–085–0805
Duties and Powers of Administrative Law Judge 438–085–0810
Failure to Appear 438–085–0815
Record and Transcript of Hearing 438–085–0820
Burden of Proof 438–085–0825
Conduct of Hearing 438–085–0835
Exclusion of Witness from Hearing Room 438–085–0840
Rules of Evidence 438–085–0845
Official Notice 438–085–0850
Offers of Proof 438–085–0855
Exhibits 438–085–0860
View of Premises 438–085–0865
Opinion and Order of Administrative Law Judge 438–085–0870
Reconsideration
Last Updated

Jun. 8, 2021

Rule 438-085-0305’s source at or​.us