OAR 808-004-0260: Order Dismissing a Claim

(1) If the agency dismisses a claim because the claimant did not allow the person against whom the claim was filed to be present at any on-site investigation made by the board, or because the claimant does not permit the person against whom the claim was filed to comply with recommendations made by the board through the mediation process, the dismissal of the claim is an order in other than a contested case. (2) Before a claim is dismissed, the agency shall, in writing, provide the claimant an opportunity, to offer evidence that the basis for dismissal was due to excusable neglect. An order to dismiss a claim shall be made in writing and issued to the claimant and the person against whom the claim was filed. (3) The agency may determine not to dismiss a claim closed under this rule if the claimant, within 30 days of the Board offering the claimant an opportunity to demonstrate excusable neglect, provides the board with evidence that the cause of the claimant’s failure to allow the person against whom the claim was filed to be present at any on-site investigation or failure to permit the person against whom the claim was filed to comply with recommendations made by the board through the mediation process was due to excusable neglect by the claimant.