Or. Admin. R. 808-004-0260 - Order Dismissing a Claim
(1) If the agency dismisses a claim because
the claimant did not allow the person against whom the claim was filed to be
present at any on-site investigation made by the board, or because the claimant
does not permit the person against whom the claim was filed to comply with
recommendations made by the board through the mediation process, the dismissal
of the claim is an order in other than a contested case.
(2) Before a claim is dismissed, the agency
shall, in writing, provide the claimant an opportunity, to offer evidence that
the basis for dismissal was due to excusable neglect. An order to dismiss a
claim shall be made in writing and issued to the claimant and the person
against whom the claim was filed.
(3) The agency may determine not to dismiss a
claim closed under this rule if the claimant, within 30 days of the Board
offering the claimant an opportunity to demonstrate excusable neglect, provides
the board with evidence that the cause of the claimant's failure to allow the
person against whom the claim was filed to be present at any on-site
investigation or failure to permit the person against whom the claim was filed
to comply with recommendations made by the board through the mediation process
was due to excusable neglect by the claimant.
Notes
Stat. Auth.: ORS 670.310 & 671.703
Stats. Implemented: ORS 183.480 & 671.703
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