OAR 459-015-0030
Hearings on Denial or Discontinuance of Disability Retirement Allowances
(1)
A final denial of an application for disability benefits, or any decision discontinuing a previously granted disability retirement allowance may be reviewed in a contested case hearing.(2)
A contested case hearing may be requested by a member by filing with the Board a written request as provided for in OAR 459-001-0035 (Contested Case Hearing).(3)
The contested case hearing shall be heard before an administrative law judge designated by the Office of Administrative Hearings and conducted in accordance with the Attorney General’s Model Rules of Procedure as adopted by OAR 459-001-0005 (Model Rules of Procedure). The member may represent himself/herself or be represented by legal counsel. An Assistant Attorney General will appear at the hearing to assist the staff in presenting its position, and to assist in the development of a complete hearing record.(4)
The Board generally deliberates and decides on final orders during regularly scheduled board meetings. The Board may instead deliberate and decide at any other time and place allowed by law, as determined on a case-by-case basis, such as electronically or via a telephone conference.(5)
In accordance with OAR 459-001-0040 (Petitions for Reconsideration), before initiating any judicial review of a final order, an applicant may file with the Board a petition for reconsideration.(6)
Any disputed claim concerning a disability retirement allowance or discontinuance of such allowance may be voluntarily settled on a lump-sum basis subject to recommendation of the assigned Assistant Attorney General and final approval of the Board. Settlements approved by the Board shall be paid upon receipt of a “Release and Covenant Not to Sue” signed by the applicant and the applicant’s attorney, if any.
Source:
Rule 459-015-0030 — Hearings on Denial or Discontinuance of Disability Retirement Allowances, https://secure.sos.state.or.us/oard/view.action?ruleNumber=459-015-0030.