OAR 839-050-0340
Relief from Default

(1)

A party seeking relief from default must file a written request for relief from default within 10 days after any of the following:

(a)

A Final Order by default has been issued by the Administrator of the Wage and Hour Division;

(b)

A notice of default has been issued; or

(c)

A party has failed to appear at a hearing and the Administrator of the Wage and Hour Division has issued a Final Order by default.

(2)

Relief from default may be granted when the party’s written request for relief from default shows good cause for the party’s action or inaction that caused the default. The party’s request should state any facts supporting the party’s claim of good cause and include any documents that support the party’s claim.

(3)

The computation of the 10-day deadline for filing begins on the day after one of the events listed in (1)(a), (b), or (c) of this rule occurs. If the 10th day is a Saturday, Sunday, or holiday officially recognized by the State of Oregon or the federal government, the 10-day deadline will expire at 5 p.m. of the next day that is not a Saturday, Sunday, or holiday. A request for relief from default is considered filed on the date that it is postmarked by the United States Postal Service, or on the date reported on a certificate of service signed by counsel, or on the date it is received, whichever is earlier.

(4)

A request for relief from default made after a Final Order by default has been issued by the Administrator of the Wage and Hour Division must be addressed to the Administrator of the Wage and Hour Division. The Administrator of the Wage and Hour Division may serve a response on the requesting party. The Administrator of the Wage and Hour Division will then file the request for relief from default, any response the Wage and Hour Division served on the requesting party, a copy of the Final Order on Default, and the division’s case file with the Contested Case Coordinator for assignment to an Administrative Law Judge to rule on and issue an order denying or granting the request for relief from default.

(5)

A request for relief from default made after a notice of default has been issued or after the party has failed to appear at a hearing and the Administrator of the Wage and Hour Division has issued a Final Order on default must be filed with the Contested Case Coordinator for assignment to an Administrative Law Judge to rule on and issue an order denying or granting the request for relief from default. If the Administrative Law Judge grants the party’s request for relief from default, the Administrative Law Judge will schedule a new hearing.

Source: Rule 839-050-0340 — Relief from Default, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0340.

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 839-050-0340’s source at or​.us