OAR 808-009-0140: Failure to Appear

(1) "Order" as used in this rule means a proposed and final order a law judge is authorized to issue under OAR 808-009-00160. (2) If the administrative law judge notified the parties to a claim of the time and place of a hearing on the claim, and a party failed to appear at the hearing, the administrative law judge may enter an order by default under OAR 137-003-0670(1)(c) that: (a) Is adverse to a party only upon a prima facie case made on the record as required by OAR 137-003-0670(3); or (b) Dismisses the claim based on a lack of evidence in the record supporting claimant’s claim, but only if: (A) The agency did not designate the agency file as the record for purposes of an order by default in the contested case notice issued under OAR 808-004-0560; and (B) The claimant failed to appear at the hearing. Authorized for use by Attorney General order dated December 13, 2002. (Section (1) based on former OAR 808-004-0030(13) (1999); section (2) based on former OAR 808-004-0030(14) (1999))