1. (1) The Administrator of the Wage and Hour Division may issue a Final Order by default when:

   1. (a) A party is given an opportunity to request a hearing and file an answer within the time specified in the charging document and fails to do so; or
   2. (b) A party withdraws the party's request for hearing.
2. (2) A Final Order by default may be issued only after a prima facie case in support of the charging document is made on the record. A prima facie case may be made from the Agency's file, if designated as the record in the charging document, provided that the charging document contained a statement advising the party that a failure to request a hearing would result in a Final Order.
3. (3) The participants will be served with a copy of the Final Order by default in accordance with OAR 839-050-0030.
4. (4) When a party has requested a hearing but either fails to attend the hearing or notifies the Agency that it will not attend, the Administrative Law Judge will proceed according to OAR 839-050-0330.

Statutory/Other Authority

ORS chapter 183 & ORS 651.060(4)

Statutes/Other Implemented

ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850

History

BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019
BLI 5-2014, f. & cert. ef. 4-15-14
BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04
BLI 2-2000, f. & cert. ef. 1-27-00
BL 12-1996, f. & cert. ef. 12-10-96