Or. Admin. Code § 471-070-8045 - Appeals: Telephone and Video Conference Hearings
(1) Unless precluded by law, the Office of
Administrative Hearings (OAH) may, in its discretion, hold a hearing or portion
of a hearing by telephone or video conference. Nothing in this rule precludes
the OAH from allowing some parties or witnesses to attend by telephone or video
conference while others attend in person.
(2) The OAH may direct that a hearing be held
by telephone or video conference upon request or on its own motion.
(3) The OAH shall make an audio, video or
stenographic record of any telephone or video conference hearing.
(4) At least seven calendar days prior to
commencement of an evidentiary hearing that is held by telephone or video
conference, each party shall provide to all other parties and to the OAH copies
of documentary evidence that it will seek to introduce into the record. The
department shall provide to all parties and to the OAH copies of all documents
and records in the possession of the department that will be introduced at the
hearing as exhibits, including any statements of the claimant, employee,
employer or employer's agent(s), and all jurisdictional documents.
(5) Nothing in this rule precludes any party
from seeking to introduce documentary evidence in addition to evidence
described in section (4) of this rule, during the hearing and the
administrative law judge shall receive such evidence, subject to the applicable
rules of evidence, if inclusion of the evidence in the record is necessary to
conduct a full and fair hearing. If any evidence introduced during the hearing
has not previously been provided to the OAH and to the other parties, the
hearing may be continued upon the request of any party for sufficient time to
allow the party to obtain and review the evidence.
(6) As used in this rule, "telephone" means
any two-way electronic communication device.
(7) As used in this rule, "video conference"
means a virtual, online meeting over the internet that simulates a face-to-face
meeting.
Notes
Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
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