1. (1) An administrative law judge may order that a request for hearing be dismissed upon request from the appellant to withdraw the request for hearing.

2. (2) An administrative law judge may order that a request for hearing be dismissed upon request of the Director or the Director's authorized representative after either one has:

   1. (a) Issued a new or amended determination or decision that grants the appellant that which was placed in issue by the request for hearing; or
   2. (b) Withdrawn or cancelled the determination or decision upon which the request for hearing was based.

3. (3) On the administrative law judge’s own initiative, an administrative law judge may order that a request for hearing be dismissed if:

   1. (a) The appellant fails to file the request for hearing within the time allowed by statute or rule;
   2. (b) The appellant employer, under ORS 657.485, fails to set forth with the request for hearing the reason therefor;
   3. (c) The appellant fails to appear at the hearing at the time and place stated in the notice of hearing;
   4. (d) The request for hearing has been filed prior to the service of the decision or determination that is the subject of the request;
   5. (e) The request for hearing is made by a person not entitled to a hearing on the merits or is made with respect to a determination or decision of the Director or authorized representative with respect to which there is no lawful authority to request a hearing.

Statutory/Other Authority

ORS 657

Statutes/Other Implemented

ORS 657.280, 657.610 & 657.485

History

ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76