Or. Admin. R. 438-009-0015 - Notice of Settlement; Submission of Documents
(1) The party that requested the hearing
shall promptly notify the Presiding Administrative Law Judge, or delegate, when
a case is settled in whole or in part.
(2) The party that requested Board review
shall promptly notify the Board's Closing and Appeals Division in writing when
a case is settled in whole or in part.
(3) The Presiding Administrative Law Judge,
or delegate, may require written notice of settlement as a condition of
cancellation of a scheduled hearing.
(4) With the consent of the assigned
Administrative Law Judge, the parties may enter a settlement on the oral record
at the time and place scheduled for the hearing. With the exception of a
disputed claim settlement, the Administrative Law Judge may enter an order
reciting and approving the settlement in such cases, without the submission of
documents by the parties. With the consent of the parties, the official oral
record, including the Administrative Law Judge's approval, which is subject to
transcription if necessary, is sufficient authority for the payment of
settlement amounts in advance of the formal written order.
(5) Notwithstanding OAR 438-005-0046(1)(d),
in all cases settled by disputed claim settlement or written stipulation of the
parties, the settlement document shall be mailed or delivered to the
Administrative Law Judge or the Board for approval. If the disputed claim
settlement or written stipulation pertains to the resolution of disputes
pending before both the Hearings Division and the Board, the settlement
document shall recite the issues resolved by the Opinion and Order that is
pending before the Board. If the disputed claim settlement or written
stipulation is mailed or delivered to the Hearings Division for approval and
the agreement either formally or effectively modifies a dispute which is
pending before the Board, the disputed claim settlement or stipulation shall be
submitted in a format to provide for both Hearings Division and Board
approval.
(6) Unless a party has
filed prior written notice with the Hearings Division or the Board that the
party wants an exhibit returned to them, all exhibits (with the exception of
exhibit lists) may be discarded from the record following:
(a) Administrative Law Judge or Board
approval of a settlement stipulation or disputed claim settlement;
(b) An Administrative Law Judge order
dismissing a party's hearing request in response to that party's withdrawal of
the request; or
(c) A Board order
dismissing a party's request for Board review in response to that party's
withdrawal of the request for Board review.
Notes
Statutory/Other Authority: ORS 656.726(5)
Statutes/Other Implemented: ORS 656.236, 656.289(4) & 656.726(5)
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Current through Register Vol. 61, No. 4, April 1, 2022
(1) The party that requested the hearing shall promptly notify the Presiding Administrative Law Judge, or delegate, when a case is settled in whole or in part.
(2) The party that requested Board review shall promptly notify the Board's Closing and Appeals Division in writing when a case is settled in whole or in part.
(3) The Presiding Administrative Law Judge, or delegate, may require written notice of settlement as a condition of cancellation of a scheduled hearing.
(4) With the consent of the assigned Administrative Law Judge, the parties may enter a settlement on the oral record at the time and place scheduled for the hearing. With the exception of a disputed claim settlement, the Administrative Law Judge may enter an order reciting and approving the settlement in such cases, without the submission of documents by the parties. With the consent of the parties, the official oral record, including the Administrative Law Judge's approval, which is subject to transcription if necessary, is sufficient authority for the payment of settlement amounts in advance of the formal written order.
(5) Notwithstanding OAR 438-005-0046(1)(d), in all cases settled by disputed claim settlement or written stipulation of the parties, the settlement document shall be mailed or delivered to the Administrative Law Judge or the Board for approval. If the disputed claim settlement or written stipulation pertains to the resolution of disputes pending before both the Hearings Division and the Board, the settlement document shall recite the issues resolved by the Opinion and Order that is pending before the Board. If the disputed claim settlement or written stipulation is mailed or delivered to the Hearings Division for approval and the agreement either formally or effectively modifies a dispute which is pending before the Board, the disputed claim settlement or stipulation shall be submitted in a format to provide for both Hearings Division and Board approval.
(6) Unless a party has filed prior written notice with the Hearings Division or the Board that the party wants an exhibit returned to them, all exhibits (with the exception of exhibit lists) may be discarded from the record following:
(a) Administrative Law Judge or Board approval of a settlement stipulation or disputed claim settlement;
(b) An Administrative Law Judge order dismissing a party's hearing request in response to that party's withdrawal of the request; or
(c) A Board order dismissing a party's request for Board review in response to that party's withdrawal of the request for Board review.
Notes
Statutory/Other Authority: ORS 656.726(5)
Statutes/Other Implemented: ORS 656.236, 656.289(4) & 656.726(5)