- (1) Consistent with the Board's policy described in OAR 438-005-0035 and subject to 438-006-0045(2), not later than 21 days after the issuance of the Board's Notice of Hearing under OAR 438-006-0020, a party defending against a request for hearing shall, on a form prescribed by the Board, file with the Board and simultaneously serve copies on all other parties a response specifying the respondent's position on the issues raised and relief requested and any additional issues raised and relief requested by the respondent.
- (2) Consistent with the Board's policy described in OAR 438-005-0035, amendments may be allowed, subject to a motion by an adverse party for a postponement under OAR 438-006-0081 or a continuance under 438-006-0091. If, during the hearing, the evidence supports an issue or issues not previously raised, the Administrative Law Judge may allow the issue(s) to be raised during the hearing. In such a situation, the Administrative Law Judge may continue the hearing pursuant to OAR 438-006-0091.
Statutory/Other Authority
ORS 656.726(5)
Statutes/Other Implemented
ORS 656.307 & 656.726(5)
History
WCB 2-2013, f. 12-10-13, cert. ef. 4-1-14
WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03
WCB 5-1987, f. 12-18-87, ef. 1-1-88
WCB 3-1987(Temp), f. 8-27-87, ef. 9-15-87