1. (1) An administrative law judge may suspend or cancel a hearing at any time if the administrative law judge finds that the nature or complexity of the issues is such that a court is a more appropriate forum for adjudication. If a administrative law judge suspends or cancels a hearing under this rule, the administrative law judge shall refer the claim to the agency with a memorandum recommending that processing of the claim be suspended under ORS 671.703 and OAR 808-004-0520 and stating the basis of the recommendation. A copy of this memorandum shall be served on the parties.

2. (2) If a claim is referred to the agency under section (1) of this rule, the agency may:

   1. (a) Suspend processing the claim; or
   2. (b) Refer the claim back to the administrative law judge with instructions to resume the hearing.

Statutory/Other Authority

ORS 670.310 & 671.670

Statutes/Other Implemented

ORS 183.415 & 671.703

History

LCB 6-2003, f. & cert. ef. 10-1-03
LCB 3-2000, f. & cert. ef. 7-26-00
LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00