OAR 438-085-0305: Transmittal of Documents to Hearings Division

(1) The Board will defer action on a Request for Hearing for 90 days unless: (a) There is a withdrawal of the citation or Request for Hearing; (b) A settlement is reached; (c) There is an express waiver of participation in the OR-OSHA informal settlement conference process; (d) An expedited hearing is required by ORS 654.078(6); or (e) There is a motion or matter requiring action by an Administrative Law Judge. (2) If, during the deferral period, the case is settled or the citation or request for hearing is withdrawn, or there is any other reason the case requires action by an Administrative Law Judge, OR-OSHA shall immediately transmit to the Hearings Division those documents necessary to allow the Administrative Law Judge to dismiss the request for hearing and close the case, or take whatever other action is required. (3) At the expiration of 90 days or in all other cases described in section (1) of this rule, OR-OSHA shall transmit to the Hearings Division the following documents: (a) A statement of the reason for the transmittal; (b) A list of the documents transmitted; (c) The original request for hearing; (d) A copy of the contested citation, notice or order; (e) Any other document pertinent to the reason for the transmittal. (4) OR-OSHA shall mail a copy of the notice of transmittal and list of transmitted documents to all parties.