OAR 471-040-0023: Telephone Hearings

(1) Unless precluded by law, the Employment Department may, in its discretion, hold a hearing or portion of a hearing by telephone. Nothing in this rule precludes the Department from allowing some parties or witnesses to attend by telephone while others attend in person. (2) The Department may direct that a hearing be held by telephone upon request or on its own motion. (3) The Department shall make an audio or stenographic record of any telephone hearing. (4) Prior to commencement of an evidentiary hearing that is held by telephone, each party and the Department shall provide to all other parties and to the Department copies of documentary evidence that it will seek to introduce into the record. (5) Nothing in this rule precludes any party or the Department from seeking to introduce documentary evidence in addition to evidence described in section (4) during the telephone hearing and the presiding officer shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the Department and to the other parties, the hearing may be continued upon the request of any party or the Department for sufficient time to allow the party or the Department to obtain and review the evidence. (6) The Department may delegate to the administrative law judge the discretion to rule on issues raised under this rule. (7) As used in this rule, "telephone" means any two-way electronic communication device.