OAR 839-050-0430: Final Order by Default

(1) The Administrator of the Wage and Hour Division may issue a Final Order by default when: (a) A party is given an opportunity to request a hearing and file an answer within the time specified in the charging document and fails to do so; or (b) A party withdraws the party's request for hearing. (2) A Final Order by default may be issued only after a prima facie case in support of the charging document is made on the record. A prima facie case may be made from the Agency's file, if designated as the record in the charging document, provided that the charging document contained a statement advising the party that a failure to request a hearing would result in a Final Order. (3) The participants will be served with a copy of the Final Order by default in accordance with OAR 839-050-0030. (4) When a party has requested a hearing but either fails to attend the hearing or notifies the Agency that it will not attend, the Administrative Law Judge will proceed according to OAR 839-050-0330.