OAR 808-009-0140
Failure to Appear

(1)

“Order” as used in this rule means a proposed and final order a law judge is authorized to issue under OAR 808-009-00160.

(2)

If the administrative law judge notified the parties to a claim of the time and place of a hearing on the claim, and a party failed to appear at the hearing, the administrative law judge may enter an order by default under OAR 137-003-0670 (Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default)(1)(c) that:

(a)

Is adverse to a party only upon a prima facie case made on the record as required by OAR 137-003-0670 (Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default)(3); or

(b)

Dismisses the claim based on a lack of evidence in the record supporting claimant’s claim, but only if:

(A)

The agency did not designate the agency file as the record for purposes of an order by default in the contested case notice issued under OAR 808-004-0560; and

(B)

The claimant failed to appear at the hearing.
Authorized for use by Attorney General order dated December 13, 2002. (Section (1) based on former OAR 808-004-0030(13) (1999); section (2) based on former OAR 808-004-0030(14) (1999))

Source: Rule 808-009-0140 — Failure to Appear, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=808-009-0140.

Last Updated

Jun. 8, 2021

Rule 808-009-0140’s source at or​.us