OAR 471-040-0035: Dismissals of Requests for Hearing

(1) An administrative law judge may order that a request for hearing be dismissed upon request from the appellant to withdraw the request for hearing. (2) An administrative law judge may order that a request for hearing be dismissed upon request of the Director or the Director's authorized representative after either one has: (a) Issued a new or amended determination or decision that grants the appellant that which was placed in issue by the request for hearing; or (b) Withdrawn or cancelled the determination or decision upon which the request for hearing was based. (3) On the administrative law judge’s own initiative, an administrative law judge may order that a request for hearing be dismissed if: (a) The appellant fails to file the request for hearing within the time allowed by statute or rule; (b) The appellant employer, under ORS 657.485, fails to set forth with the request for hearing the reason therefor; (c) The appellant fails to appear at the hearing at the time and place stated in the notice of hearing; (d) The request for hearing has been filed prior to the service of the decision or determination that is the subject of the request; (e) The request for hearing is made by a person not entitled to a hearing on the merits or is made with respect to a determination or decision of the Director or authorized representative with respect to which there is no lawful authority to request a hearing.