OAR 839-050-0430
Final Order by Default

(1)

The Administrator of the Wage and Hour Division may issue a Final Order by default when:

(a)

A party is given an opportunity to request a hearing and file an answer within the time specified in the charging document and fails to do so; or

(b)

A party withdraws the party’s request for hearing.

(2)

A Final Order by default may be issued only after a prima facie case in support of the charging document is made on the record. A prima facie case may be made from the Agency’s file, if designated as the record in the charging document, provided that the charging document contained a statement advising the party that a failure to request a hearing would result in a Final Order.

(3)

The participants will be served with a copy of the Final Order by default in accordance with OAR 839-050-0030 (Service of Documents).

(4)

When a party has requested a hearing but either fails to attend the hearing or notifies the Agency that it will not attend, the Administrative Law Judge will proceed according to OAR 839-050-0330 (Default).

Source: Rule 839-050-0430 — Final Order by Default, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0430.

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 839-050-0430’s source at or​.us