(1) A record of all
proceedings shall be made, except that no record need be made of prehearing
conferences. The record shall be transcribed only by order of the
Board.
(2) Subject to sections (3)
and (7) of this rule, the hearing may be conducted in any manner reasonably
calculated to achieve substantial justice.
(3) The entire record filed by the Department
with the Board shall be received into evidence. No other documentary evidence
shall be received. Only those persons whose statements were considered by the
Department in reaching its decision shall be permitted to give testimony.
Subject only to these limitations, there are no formal or technical rules of
evidence; however, evidence may be excluded if it is irrelevant or unduly
repetitious.
(4) If the applicant
fails to appear at the requested hearing, the special hearings officer shall
forthwith issue an order requiring the applicant to show cause in writing
within ten days why the applicant's request for Board review of Department's
decision should not be dismissed as having been abandoned. If no or an
insufficient response is received to the order to show cause, the Board may
dismiss the applicant's request for review of Department's decision or may take
such other action as it deems appropriate.
(5) Not more than 30 days after the
conclusion of the hearing, the special hearings officer shall file with the
Board all documentary evidence received together with written findings of fact,
conclusions, and a proposed order. Copies of the written findings of fact,
conclusions and proposed order shall be simultaneously mailed to all interested
parties.
(6) The proposed order
shall contain the following notice:
"NOTICE TO ALL PARTIES: This order will be reviewed
automatically by the Workers' Compensation Board within 30 days and will become
a final order of the Workers' Compensation Board 30 days from the mailing date
of this order unless this order is sooner withdrawn or modified by the Board.
Objections to this proposed order must be in writing and filed with Workers'
Compensation Board, 2601 25th Street SE, Suite 150, Salem, OR 97302-1282 within
20 days from the date of this order to be considered."
(7) Hearings under these rules shall be open
to the public except:
(a) The Board or a
special hearings officer shall close the hearing to the public upon the motion
or request of an applicant or, if the applicant is a minor, a parent or
guardian of the applicant, for any of the reasons set forth in ORS
147.115(1);
and
(b) The Board or a special
hearings officer may close the hearing to the public upon the motion or request
of an interested party other than the applicant or upon its or their own motion
for any of the reasons set forth in ORS
147.115(1).
Notes
Or. Admin. Code §
438-082-0040
WCB 5-1978, f. 4-14-78, ef.
5-1-78; WCB 3-1986, f. 8-28-86, ef. 9-1-86; WCB 1-1999, f. 8-24-99, cert. ef.
11-1-99;
WCB
18-2022, minor correction filed 03/15/2022, effective
3/15/2022
Statutory/Other Authority: ORS
183.310 -
183.410,
147.155(5)
& 656.726(4)
Statutes/Other Implemented: ORS
147.155 &
656.726(4)
