OAR 436-001-0003: Purpose and Applicability of these Rules

(1) Rules related to rulemaking. OAR 436-001-0005 through 436-001-0009 establish supplemental procedures for rulemaking under ORS chapter 183 and apply to all division rulemaking on or after the date the rules are effective. (2) Rules related to hearings. OAR 436-001-0019 through 436-001-0296 establish supplemental procedures for hearings on matters within the director’s jurisdiction. (a) In general, the rules of the Workers’ Compensation Board in OAR chapter 438 apply to the conduct of hearings, unless these rules provide otherwise. (b) Except for OAR 436-001-0030, these rules do not apply to hearings requested under ORS 656.740. (c) These rules do not apply to hearings on reconsideration orders issued under ORS 656.268. (d) These rules apply to hearings held on or after the date the rules are effective. (3) Rules related to attorney fees. OAR 436-001-0400 through 436-001-0440 apply to attorney fees under ORS 656.262(11) and (12), 656.268(6)(c), 656.277(1)(b), 656.383(1), and 656.385(1). These rules apply to orders issued on or after the date the rules are effective, regardless of the date the claim was filed or closed. (4) General provisions. OAR 436-001-0500 applies to any refund or credit processed by the director on or after the date the rule is effective, regardless of the date the payment was received. (5) Procedural waiver. The director may waive procedural rules as justice requires, unless otherwise obligated by statute.