OAR 471-040-0041: Late Request to Reopen

(1) The period within which a party may request reopening may be extended if the party requesting reopening: (a) Has good cause for failing to request reopening within the time allowed; and (b) Acts within a reasonable time. (2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an applicant’s reasonable control. (a) Good cause includes but is not limited to: (A) Failure to receive a document because the Employment Department or Office of Administrative hearings mailed it to an incorrect address despite having the correct address; (B) For telephone hearings, unanticipated, and not reasonably foreseeable, loss of telephone service. (b) Good cause does not include: (A) Failure to receive a document due to not notifying the Employment Department or Office of Administrative Hearings of an updated address while the person is claiming benefits or if the person knows, or reasonably should know, of a pending appeal; (B) Not understanding the implications of a decision or notice when it is received. (3) "A reasonable time," is seven days after the circumstances that prevented a timely filing ceased to exist. (4) The party requesting reopening shall set forth the reason(s) for filing a late request to reopen in a written statement, which the Office of Administrative Hearings (OAH) shall consider in determining whether good cause exists for the late filing, and whether the party acted within a reasonable time. (5) The filing date for a late request to reopen shall be determined under OAR 471-010-0040. (6) Nothing in subsection (4) of this rule prevents the OAH from scheduling a hearing if in the sole judgment of the OAH testimony is required. (7) The administrative law judge's decision on a late request to reopen shall be in writing and mailed to the parties. (8) This rule is effective for all late requests to reopen filed after the effective date of this rule.