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.
Source:
Rule 808-009-0140 — Failure to Appear, https://secure.sos.state.or.us/oard/view.action?ruleNumber=808-009-0140 (accessed May 26, 2025).