Or. Admin. R. 471-070-8065

Current through Register Vol. 63, No. 9, September 1, 2024

Section 471-070-8065 - Appeals: Administrative Law Judge's Decision

(1) After the administrative law judge has given all parties reasonable opportunity for a fair hearing, the administrative law judge shall promptly affirm, modify, or set aside the decision of the department. The administrative law judge shall promptly prepare and serve a written decision to all parties entitled to notice of the administrative law judge's decision, including any dismissal of the request for hearing as provided in OAR 471-070-8070, and the reasons for the decision. In the case of an assessment, the administrative law judge may increase or decrease the amount of the assessment.

(2) The administrative law judge's decision shall be based upon the evidence in the hearing record and upon any stipulated or officially noticed facts. Any findings of fact by the administrative law judge shall be based upon reliable, probative, and substantial evidence.

(3) The administrative law judge may address issues raised by evidence in the record, including but not limited to the claims filed subsequent to issuance of a decision to allow or deny a benefit claim or employer's application for approval of an equivalent plan under ORS 657B.210, notwithstanding the scope of the issues raised by the parties or the arguments in a party's request for hearing.

(4) The administrative law judge's decision shall be in an approved form and shall contain:

(a) A caption clearly identifying the parties;

(b) A statement of jurisdiction;

(c) A statement of the issues and law involved;

(d) Evidentiary rulings to include or exclude evidence;

(e) Findings of fact;

(f) Conclusions based upon the findings of fact; or a statement adopting conclusions set forth in the appealed administrative decision; and

(g) A decision setting forth the action to be taken.

(5) Copies of the administrative law judge's decision shall be sent to the parties, or their authorized representatives, at their last known address or electronically when permitted and the parties have opted for electronic notification, as shown on record.

(6) A decision of the administrative law judge becomes final 60 calendar days after the date of electronic notification or the mailing of the decision to the parties, or their authorized representatives, at the last-known address of record with the Director unless:

(a) The administrative law judge on the administrative law judge's own motion, reviews the decision and issues an amended decision in which case the amended decision becomes the new decision and becomes final 60 calendar days after; or

(b) A petition is filed in the Court of Appeals in accordance with ORS 183.482.

(7) An administrative law judge may issue an amended decision prior to the previous decision becoming final. The amended decision shall be served as required by these rules and shall be subject to review.

Or. Admin. R. 471-070-8065

ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.410