Or. Admin. R. 438-013-0035 - Postponements and Continuances
(1) A hearing
under the Expedited Claims Service shall not be postponed except upon a showing
of extraordinary circumstances beyond the control of the party requesting the
postponement. "Extraordinary circumstances" shall be as defined in OAR
438-006-0081 except that unavailability of an individual who represents an
insurer shall not be a reason to postpone a hearing under any circumstances and
unavailability of an individual who represents a claimant shall not be a reason
to postpone a hearing under the Expedited Claims Service unless the
Administrative Law Judge finds that the claimant is physically or mentally
incapable of representing themself at the hearing.
(2) A hearing under the Expedited Claims
Service may be continued for further proceedings only if the Administrative Law
Judge finds and states on the oral record that a continuance is required to
achieve substantial justice.
Notes
Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4)
Statutes/Other Implemented: ORS 656.291(3)(b) & 656.291(4)
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Current through Register Vol. 61, No. 4, April 1, 2022
(1) A hearing under the Expedited Claims Service shall not be postponed except upon a showing of extraordinary circumstances beyond the control of the party requesting the postponement. "Extraordinary circumstances" shall be as defined in OAR 438-006-0081 except that unavailability of an individual who represents an insurer shall not be a reason to postpone a hearing under any circumstances and unavailability of an individual who represents a claimant shall not be a reason to postpone a hearing under the Expedited Claims Service unless the Administrative Law Judge finds that the claimant is physically or mentally incapable of representing themself at the hearing.
(2) A hearing under the Expedited Claims Service may be continued for further proceedings only if the Administrative Law Judge finds and states on the oral record that a continuance is required to achieve substantial justice.
Notes
Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4)
Statutes/Other Implemented: ORS 656.291(3)(b) & 656.291(4)