OAR 438-006-0115: Motion to Dismiss a Party under ORS 656.308(2)(c)

(1) If an insurer or self-insured employer is alleging that the record does not contain substantial evidence to support a finding of responsibility against it, the insurer or self-insured employer may file a “written notice” pursuant to ORS 656.308(2)(c) requesting its dismissal as a party to the proceeding. (2) The written notice described in section (1) of this rule shall be considered by the Administrative Law Judge if: (a) The written notice is labeled “308 Dismissal Motion”; (b) The written notice (including any supporting documentation) is filed not more than 28 days or less than 14 days before the hearing; and (c) A copy of the written notice (including any supporting documentation) is simultaneously served on the other parties, or if represented, on their attorneys in the manner provided in OAR 438-005-0046(2)(a), and proof of such service is provided in accordance with 438-005-0046(2)(b). (3) Written responses to the written notice described in sections (1) and (2) of this rule shall be considered if: (a) The written response is labeled “308 Dismissal Response”; (b) The written response (including supporting documentation) is filed within seven days after the written notice is filed; and (c) A copy of the written response (including supporting documentation) is simultaneously served on the other parties or, if represented, on their attorneys in the manner provided in 438-005-0046(2)(a) and proof of such service is provided in accordance with 438-005-0046(2)(b). (4) For purposes of ORS 656.308(2)(c) and this rule, the record shall include any document filed with the Hearings Division which was considered by the Administrative Law Judge prior to the issuance of their decision. (5) Not less than seven days before the hearing, the Administrative Law Judge shall inform the parties either that: (a) The party filing the written notice shall be dismissed as a party to the hearing; or (b) The party filing the written notice shall not be dismissed as a party to the hearing; or (c) The hearing shall be postponed.