OAR 437-001-0270: Discretion To Prevent a Manifest Injustice

(1) To prevent a manifest injustice, the Administrator, at the Administrator’s own discretion, or upon request from the Division or an adversely affected person, may vacate or amend a Division citation, notice, or order. (2) If the Administrator proposes to vacate or amend a Division citation, notice, or order, an opportunity to be heard will be given to persons, including affected employees, whose rights may be affected. (3) All requests for reconsideration based on a manifest injustice shall contain a statement indicating the following: (a) The request has been posted as required by OAR 437-001-0275(2); (b) The request has been served on the authorized representative of affected employees, if appropriate; (c) The date the request was posted or service was made; and (d) All affected employees have been advised of their right to comment. (4) No decision shall be made on a manifest injustice request until 10 days after the date of posting or service.