Previous Rules


461-025-0355
Dismissals

  1. A hearing request shall be dismissed by order when:

    1. The request for hearing was untimely, unless it was untimely due to circumstances beyond the control of the claimant;

    2. The issue being protested is not subject to the hearing process as specified in OAR 461-025-0310(1);

    3. A final order has previously been issued by the Division on the same issue;

    4. A client does not appear for a scheduled JOBS or JOBS Plus prehearing conference.

    5. The claimant does not appear for the scheduled hearing within 15 minutes of the time set for the hearing.

    6. Dismissals shall be effective the date of the scheduled prehearing conference under subsection (d), or hearing under subsection (e), and the Division may implement its proposed action immediately. The prehearing conference or hearing shall be rescheduled if:

      1. A written request is received by the Division within 10 days after the date of service of the dismissal order; and

      2. The claimant and the claimant's representative had good cause for missing the prehearing conference or hearing and for not requesting a postponement before the hearing.

    7. The claimant withdraws the request for the hearing;

    8. All issues of the hearing become moot before the order is served;

    9. A dismissal is otherwise authorized by law.

  2. Once a hearing request is dismissed, any subsequent hearing request on the same issue shall be considered a new request for hearing and subject to OAR 461-025-0310.

  3. A dismissal may be rescinded if the dismissal was improper.