Continuous jurisdiction of director
- reconsideration of previous decisions
Source:
Section 657.290 — Continuous jurisdiction of director; reconsideration of previous decisions, https://www.oregonlegislature.gov/bills_laws/ors/ors657.html.
Notes of Decisions
Once the division makes a decision based on the general conditions of eligibility enumerated in ORS 657.155, it is precluded from reversing that determination on any of those grounds, however, it is free to reconsider and make a new determination on a new ground or issue or on relevant new facts. Lovendahl v. Employment Div., 26 Or App 665, 554 P2d 611 (1976), Sup Ct review denied
Division can amend eligibility decisions only on the two grounds mentioned in this section and administrative rule attempting to expand authority to amend is invalid. Employment Div. v. Smith, 64 Or App 33, 666 P2d 1369 (1983)
Filing of request for reconsideration within 30 days of EAB’s decision tolled statute, and claimant then had 30 days from date of denial of reconsideration in which to file petition for judicial review. Mascorro v. Employment Div., 70 Or App 531, 689 P2d 1326 (1984)
Where Employment Appeals Board withdrew its original order denying unemployment benefits to claimant, whom employer had discharged after random drug test revealed evidence of marijuana in claimant’s system, and replaced original order with amended order allowing benefits, withdrawal and replacement was “correction of previous error of fact or law” and was authorized by this section. Philomath Forest Products Co. v. Emp. Div, 86 Or App 678, 741 P2d 912 (1987)
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