Or. Admin. Code § 471-041-0090

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-041-0090 - Additional Evidence

(1) Except as stated in this rule, information not received into the hearing record will not be considered on review.

(a) EAB may receive additional evidence into the record if necessary to complete the record.

(b) Any party may request that EAB consider additional evidence, and EAB may allow such a request when the party offering the additional evidence establishes that:

(A) The additional evidence is relevant and material to EAB's determination, and

(B) Factors or circumstances beyond the party's reasonable control prevented the party from offering the additional evidence into the hearing record.

(c) EAB may take notice of information contained in Employment Department records, generally cognizable facts, and facts within EAB's specialized knowledge.

(2) If EAB considers additional evidence when reaching a decision, EAB will notify the parties in the decision, include a copy with or citation to the additional evidence in the decision, and give the parties ten (10) days from the date of the decision in which to file a written objection to EAB's admission of the additional evidence. Unless such objection is received and sustained, the additional evidence will remain in the record.

Or. Admin. Code § 471-041-0090

EAB 1-1983(Temp), f. & ef. 9-14-83; EAB 1-1984, f. & ef. 3-20-84; ED 3-1993, f. & cert. ef. 10-1-93; ED 4-1993, f. & cert. ef. 11-22-93; Renumbered from 472-010-0015; ED 1-1995, f. & cert. ef. 1-9-95; ED 5-1999, f. 7-28-99, cert. ef. 8-1-99; ED 11-2006, f. 10-26-06, cert. ef. 10-29-06; ED 2-2019, amend filed 05/13/2019, effective 5/13/2019

Statutory/Other Authority: ORS 183, 657.610 & 657.685

Statutes/Other Implemented: ORS 657.275 & 657.685(6)