OAR 839-050-0330
Default

(1)

Default may occur when:

(a)

A party fails to file a required response, including a request for hearing or an answer, within the time specified in the charging document;

(b)

A party withdraws a request for hearing;

(c)

The Forum has scheduled a hearing and a party notifies the Agency or the Administrative Law Judge that the party will not appear at the specified time and place; or

(d)

Notice regarding the time and place of the hearing was sent to the party and the party fails to appear at the scheduled hearing.

(2)

When the Agency has designated the Agency file, including all the materials submitted by a party, as the record in its charging document:

(a)

If a circumstance described in (1)(b) or (c) of this rule occurs, the Administrative Law Judge will issue an order dismissing the party’s request for hearing.

(b)

If the circumstance described in (1)(d) of this rule occurs, the Administrative Law Judge will wait no longer than 30 minutes from the time set for the contested case proceeding before orally dismissing the party’s request for hearing. The Administrative Law Judge will subsequently issue a written order dismissing the party’s request for hearing.

(c)

When section (2)(a) or (b) of this rule applies, the Administrative Law Judge will refer the case to the Administrator of the Wage and Hour Division for issuance of a Final Order by Default. The Administrative Law Judge will prepare the Record of Proceeding of the contested case, including all materials filed with the Forum by the Agency or the party up to the time set for hearing and submit it to the Contested Case Coordinator for delivery to the Wage and Hour Administrator.

(d)

If the circumstances described in (1)(d) of this rule occur, and before issuing a final order dismissing the party’s request for hearing, the Administrative Law Judge finds that the party had good cause for not appearing, the Administrative Law Judge may not dismiss the party’s request for hearing and will schedule a new hearing date. If the reasons for the party’s failure to appear are in dispute, the Administrative Law Judge will schedule a hearing on the reasons for the party’s failure to appear.

(3)

When the Agency has not designated the Agency file as the record in its charging document, and a circumstance described in (1)(b)-(d) of this rule occurs and the Administrative Law Judge has not granted relief from default, the Administrative Law Judge will take evidence of a prima facie case from the Agency at hearing. The Administrative Law Judge will not permit the defaulted party to participate in any manner in the hearing, including, but not limited to, presentation of witnesses or evidence on the party’s own behalf, examination of Agency witnesses, objection to evidence presented by the Agency, making of motions or argument, or filing exceptions to the Proposed Order.

Source: Rule 839-050-0330 — Default, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0330.

839‑050‑0000
Statement of Purpose 839‑050‑0010
Model Rules of Procedure 839‑050‑0020
Definitions 839‑050‑0030
Service of Documents 839‑050‑0040
Filing of Documents with the Contested Case Coordinator 839‑050‑0050
Timeliness 839‑050‑0060
Charging Documents 839‑050‑0070
Request for a Contested Case Hearing 839‑050‑0080
Notice of Hearing 839‑050‑0090
Location of Contested Case Hearings 839‑050‑0100
Information for Contested Case Hearings 839‑050‑0110
Representation of a Party in a Contested Case Proceeding 839‑050‑0120
Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding 839‑050‑0130
Responsive Pleadings 839‑050‑0140
Amendments 839‑050‑0150
Motions 839‑050‑0160
Disqualification of Administrative Law Judge 839‑050‑0170
Joinder of Parties, Claimants, Complainants, or Aggrieved Persons 839‑050‑0190
Consolidation of Contested Case Proceedings 839‑050‑0200
Discovery 839‑050‑0210
Case Summary 839‑050‑0220
Informal Disposition of Contested Case 839‑050‑0230
Authority of the Administrative Prosecutor 839‑050‑0240
Responsibilities of the Administrative Law Judge 839‑050‑0250
Conduct of Hearings 839‑050‑0255
Telephone Hearings 839‑050‑0260
Evidence 839‑050‑0270
Exhibits 839‑050‑0280
Stipulation 839‑050‑0290
Witnesses 839‑050‑0300
Interpreters and Assistive Communication Devices 839‑050‑0310
Ex Parte Communications 839‑050‑0320
Official Notice 839‑050‑0330
Default 839‑050‑0340
Relief from Default 839‑050‑0350
Record of Proceeding 839‑050‑0360
Post-Hearing Briefs 839‑050‑0370
Proposed Orders 839‑050‑0380
Exceptions to Proposed Order 839‑050‑0400
Agency Policy 839‑050‑0410
Reopening the Contested Case Record 839‑050‑0420
Final Order 839‑050‑0430
Final Order by Default 839‑050‑0445
Proceedings on Prevailing Wage Rate Determinations 839‑050‑0450
Proceedings on Apprenticeship and Training Division Hearings
Last Updated

Jun. 8, 2021

Rule 839-050-0330’s source at or​.us