Or. Admin. Code § 471-070-8025 - Appeals: Late Request for Hearing
(1) The department shall accept a request for
hearing filed after the deadline only if there is good cause shown and the
request is filed within seven calendar days after the circumstances that
prevented a timely filing ceased to exist.
(2) "Good cause" exists when an action,
delay, or failure to act arises from an excusable mistake or from factors
beyond an interested party's reasonable control.
(a) Good cause includes but is not limited
to:
(A) Failure to receive a document because
the department or Office of Administrative Hearings (OAH) mailed it to an
incorrect address despite having the correct address; or
(B) Incapacity.
(b) Good cause does not include:
(A) Failure to receive a document due to not
notifying the department or OAH of an updated address while the person is
claiming benefits or if the person knows, or reasonably should know, of a
pending appeal; or
(B) Not
understanding the implications of a decision or notice when it is
received.
(3)
Notwithstanding section (2) of this rule, good cause for failing to file a
timely request for hearing shall exist when a party provides satisfactory
evidence that the department failed to follow its own policies with respect to
providing service to:
(a) a
non-English-speaking person, including the failure to communicate orally or in
writing in a language that could be understood by the non-English-speaking
person upon gaining knowledge that the person needed or was entitled to such
assistance; or
(b) an individual
with a disability who cannot readily understand because of deafness or a
physical hearing impairment, cannot communicate because of a physical speaking
impairment, or cannot read because of a vision impairment, including the
failure to communicate orally or in writing in a manner that could be
understood by the individual with a disability upon gaining knowledge that the
person needed or was entitled to such assistance.
(4) The party shall set forth the reason(s)
for filing a late request for hearing in a written statement, which the OAH
shall consider in determining whether good cause exists for the late filing,
and whether the request was filed within seven days after the circumstances
that prevented a timely filing ceased to exist.
(5) Nothing in this rule prevents the OAH
from scheduling a hearing if, in the sole judgment of the OAH, testimony is
required.
Notes
Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
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