Or. Admin. Code § 436-001-0246 - Proposed and Final Orders - Exceptions, Correction, Director Review
(1) Under ORS
656.704(2)(a),
a party must seek director review of a proposed and final order before
petitioning for judicial review under ORS
183.482.
(2) The parties or the division may initiate
director review of a proposed and final order by filing exceptions as follows:
(a) Written exceptions, including any
argument, must be filed with the division within 30 days of the mailing date of
the proposed and final order.
(b)
A written response to the exceptions must be filed within 20 days of the date
the exceptions were filed.
(c) A
written reply to the response, if any, must be filed within 10 days of the date
the response was filed.
(d)
Exceptions, responses, and replies may be filed in any of the following ways:
(A) By mail, to the following address:
WCD Hearings
Workers' Compensation Division
P.O. Box 14480
Salem, OR 97309-0405
(B) By hand-delivery, to the following
address:
WCD Hearings
350 Winter Street NE, 2nd floor
Salem, OR 97301
(C) By fax, to 503-947-7511, if the document
transmitted indicates that it has been delivered by fax, is sent to the correct
fax number, and indicates the date the document was sent.
(D) By email, to
wcd.hearings@dcbs.oregon.gov. If the exception, response, or reply is in an
attachment to the email, the attachment must be in a format that Microsoft Word
2010® (.docx, .doc, .txt, .rtf) or Adobe Reader® (.pdf) can open. Image
formats that can be viewed in Internet Explorer® (.tif, .jpg) are also
acceptable.
(3) The director may extend the time period
for a party to file a response, reply, or argument upon the party's written
request that explains the need for the delay or on the director's own motion.
The time period for filing exceptions may not be extended.
(4) If exceptions are timely filed, the
director may issue a final order or an amended proposed and final order,
request the administrative law judge to hold further hearing, or remand the
matter for further administrative action.
(5) Within 30 days of the mailing date of the
proposed and final order, the director may issue a notice of intent to review
the proposed and final order, even if no exceptions are filed.
(6) All proposed and final orders must
contain language notifying the parties of their right to file exceptions, how
to file, and the time frames.
(7)
The administrative law judge may withdraw a proposed and final order for
correction of errors within 10 calendar days of the mailing date of the order.
The time for filing exceptions begins on the date the corrected proposed and
final order is mailed.
(8) If no
exceptions are timely filed or if no notice of intent to review is issued, the
proposed and final order will become final 30 days after the mailing date of
the order.
(9) Any requests for
review or requests for reconsideration of a proposed and final order filed with
the board or administrative law judge within 30 days of the mailing date of the
order will be forwarded to the director and treated as timely exceptions under
this rule.
Notes
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.704
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