OAR 471-040-0035
Dismissals of Requests for Hearing
(1)
An administrative law judge may order that a request for hearing be dismissed upon request from the appellant to withdraw the request for hearing.(2)
An administrative law judge may order that a request for hearing be dismissed upon request of the Director or the Director’s authorized representative after either one has:(a)
Issued a new or amended determination or decision that grants the appellant that which was placed in issue by the request for hearing; or(b)
Withdrawn or cancelled the determination or decision upon which the request for hearing was based.(3)
On the administrative law judge’s own initiative, an administrative law judge may order that a request for hearing be dismissed if:(a)
The appellant fails to file the request for hearing within the time allowed by statute or rule;(b)
The appellant employer, under ORS 657.485 (Notice of rate), fails to set forth with the request for hearing the reason therefor;(c)
The appellant fails to appear at the hearing at the time and place stated in the notice of hearing;(d)
The request for hearing has been filed prior to the service of the decision or determination that is the subject of the request;(e)
The request for hearing is made by a person not entitled to a hearing on the merits or is made with respect to a determination or decision of the Director or authorized representative with respect to which there is no lawful authority to request a hearing.
Source:
Rule 471-040-0035 — Dismissals of Requests for Hearing, https://secure.sos.state.or.us/oard/view.action?ruleNumber=471-040-0035.