ORS 657B.425
Dismissal of request or application for hearing

(1)

When a request for a hearing is made under this chapter, the Director of the Employment Department may dismiss the request or application for hearing if:

(a)

The request for hearing is withdrawn by the requesting party;

(b)

The matter is resolved by reversal or amendment of the decision that is the subject of the hearing request;

(c)

The request for hearing is filed prior to the date of the written decision or written determination that is the subject of the hearing request; or

(d)

The request for hearing is made by a person who is not entitled to a hearing or is not the authorized representative of a party who is entitled to a hearing.

(2)

Intentionally left blank —Ed.

(a)

A dismissal by the director under subsection (1) of this section is final unless the party whose request for hearing has been dismissed files a request for hearing regarding the dismissal within 20 days after the dismissal notice is sent electronically or mailed to the party’s last-known address.

(b)

If the party files a timely request under paragraph (a) of this subsection, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings.

(c)

The administrative law judge assigned under paragraph (b) of this subsection shall determine whether the dismissal was appropriately entered. If the dismissal was not appropriately entered, the administrative law judge shall decide the underlying issue upon which the hearing was requested. [2023 c.292 §2]
Note: Section 16 (1), chapter 292, Oregon Laws 2023, provides:
Sec. 16. (1) Section 2 of this 2023 Act [657B.425 (Dismissal of request or application for hearing)] applies to requests for hearings made on or after January 1, 2023. [2023 c.292 §16(1); 2023 c.292 §16a(1)]
Note: Sections 50 and 51, chapter 700, Oregon Laws 2019, provide:
Sec. 50. Review of department expenses. Beginning January 1, 2024, and not more than once each year for three consecutive calendar years thereafter, the Director of the Employment Department shall conduct a review of the expenses incurred by the Employment Department in reviewing plans for approval under ORS 657B.210 (Equivalent plans, generally), including an analysis of adequacy of the application fee determined by the department and administrative expenses related to request for review of determinations regarding approval or denial of applications as provided under ORS 657B.410 (Appeals process, generally). [2019 c.700 §50; 2021 c.639 §2]
Sec. 51. Director of Employment Department to report to legislature on progress of program implementation. (1)(a) The Director of the Employment Department shall submit to the interim committees of the Legislative Assembly related to workforce or business and labor, in the manner provided in ORS 192.245 (Form of report to legislature), reports summarizing the Employment Department’s progress toward implementing the family and medical leave insurance program described in ORS chapter 657B.

(b)

The director shall submit the first report not later than February 15, 2020, and a second report not later than September 1, 2022.

(2)

Beginning on July 1, 2024, and once during each of the following three consecutive biennia, the director shall, to the extent that the director has acquired the information, submit to the interim committees of the Legislative Assembly related to workforce or business and labor, in the manner provided in ORS 192.245 (Form of report to legislature), a report that includes:

(a)

The total number of claims submitted under ORS 657B.090 (Claim for benefits).

(b)

The number of claims allowed under ORS 657B.100 (Allowing or denying claim) and the number of claims denied under ORS 657B.100 (Allowing or denying claim).

(c)

The total amount of benefits paid out of the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 (Paid Family and Medical Leave Insurance Fund).

(d)

Data regarding the use of moneys in the fund, the solvency of the fund and the balance of the fund.

(e)

The amount of contributions collected under ORS 657B.150 (Contributions).

(f)

The number of applications for plan approval submitted under ORS 657B.210 (Equivalent plans, generally), including the number of plans approved and the costs the department incurred in reviewing such applications.

(g)

The number of applications received by the department for employer assistance and the total amounts awarded in grants under ORS 657B.200 (Employer assistance grants).

(h)

The director shall include in the reports described in this subsection any recommendations made by the advisory committee under ORS 657B.380 (Advisory committee). [2019 c.700 §51; 2021 c.639 §3]

Source: Section 657B.425 — Dismissal of request or application for hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).

657B.005
Legislative findings 657B.010
Definitions 657B.015
Benefit eligibility 657B.020
Qualifying purposes for benefits 657B.023
Determining family member by reason of affinity 657B.025
Coordination of leave 657B.030
Use of other paid leave benefits in addition to paid family and medical leave insurance benefits 657B.040
Notice to employers prior to commencing leave 657B.050
Amount of benefits 657B.060
Job protection 657B.070
Denying leave 657B.080
False statements or failure to report material fact by employer 657B.090
Claim for benefits 657B.100
Allowing or denying claim 657B.110
Continuous jurisdiction of director 657B.130
Elective coverage for certain individuals 657B.150
Contributions 657B.175
Effect of place of performance of service 657B.180
Unlawful practices of employer 657B.190
Employer’s security for payment of contributions 657B.200
Employer assistance grants 657B.210
Equivalent plans, generally 657B.220
Director review of benefits provided under equivalent plan 657B.230
Application for reapproval of plan 657B.240
Withdrawal from plan 657B.250
Portability of benefits and retention of eligibility status between jobs 657B.260
Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan 657B.280
Delinquent contributions and improper benefit payments as liens on real or personal property 657B.290
Filing of lien statement or warrant 657B.300
Alternative remedies for collection of amounts liable to be repaid 657B.310
Release, compromise or satisfaction of lien 657B.320
Delinquent contributions or grant repayments 657B.330
Liability of certain officers, members, partners or employees for amounts in default 657B.332
False statements or failure to report material fact 657B.334
Ineligibility for benefits upon conviction of fraud in obtaining benefits 657B.335
Deduction of benefits paid in error not due to recipient fault 657B.336
Waiver of recovery of overpaid benefits 657B.337
Cancellation of unrecoverable benefit payments and amounts of interest or penalties due and unpaid 657B.338
Request for offset of moneys owed to debtor by Department of Revenue against certain amounts owed by debtor 657B.339
Authority of director to compromise or adjust contribution debts or overpayments 657B.340
Family and medical leave insurance program 657B.350
Third party administrator 657B.360
Determining number of employees employed by employer 657B.370
Computation and assessment of employer contributions and interest 657B.380
Advisory committee 657B.390
Employment records 657B.400
Confidentiality of information 657B.410
Appeals process, generally 657B.420
Appeals of decisions under equivalent employer plan 657B.425
Dismissal of request or application for hearing 657B.430
Paid Family and Medical Leave Insurance Fund 657B.440
Employer required to provide notice advising employees of rights and duties 657B.460
Construction of chapter 657B.470
Preemption of local laws relating to paid family and medical leave 657B.480
State agency assistance 657B.900
Criminal penalties 657B.910
Penalty when employer fails to file contribution reports or pay contributions when due 657B.920
Penalty when employer fails to file reports 657B.925
Penalties for employer violation of requirements applicable to employer-offered benefit plans

Current through early 2026

§ 657B.425. Dismissal of request or application for hearing's source at oregon​.gov