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(b)Withdrawn or cancelled the determination or decision upon which the request for hearing was based.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.
Rule 471-040-0035 — Dismissals of Requests for Hearing,