OAR 436-060-0008: Administrative Review and Contested Cases

(1) Request for hearing on an action concerning a worker’s right to compensation. Any party, or assigned claims agent, that disagrees with an action taken under these rules that concerns a worker’s right to compensation, or the amount of compensation due, may request a hearing by the board under ORS chapter 656 and OAR chapter 438. (2) Request for hearing on proposed sanctions or civil penalties. Any party, or assigned claims agent, that disagrees with a proposed order or proposed assessment of civil penalty of the director issued under ORS 656.254, 656.260, 656.735, 656.740, or 656.745 may request a hearing by the board. To request a hearing the party, or assigned claims agent, must: (a) Mail or deliver a written request for hearing to the division within 60 days of the mailing date of the proposed order or assessment; and (b) Specify, in the request, the reasons why they disagree with the proposed order or assessment. (3) Administrative review of a matter other than a matter concerning a claim. Any party, or assigned claims agent, that disagrees with an action taken under these rules, except as described in section (1) of this rule, may request the director to conduct an administrative review of the action. To request administrative review, they must: (a) Mail or deliver a written request for review to the division within 90 days of the contested action. Requests mailed or delivered more than 90 days after the contested action may be considered if the director determines there was good cause for delay, or that substantial injustice may otherwise result ; and (b) Specify, in the request, the reasons why they disagree with the contested action. (4) Request for hearing on a matter other than a matter concerning a claim. Any party, or an assigned claims agent, that disagrees with an action or order of the director under these rules, other than as described in sections (1) and (2) of this rule, may request a hearing by filing a request for hearing as provided in OAR 436-001-0019 within 30 days of the mailing date of the order or notice of action. OAR 436-001 applies to the hearing.