Or. Admin. Code § 582-020-0030 - Informal Dispute Resolution

(1) When the client submits a request for mediation or a hearing, the parties may also request informal dispute resolution before the mediation or the hearing proceeds. A client does not need to request informal dispute resolution in order to request mediation or a hearing.

(2) The client may have a representative in the informal dispute resolution process. The Program shall have at least one other Program staff member or its representative involved in the process.

(3) The Program may decline to participate in informal dispute resolution if the client refuses to cooperate in scheduling or participating in a meeting to discuss the action, the same action has been resolved by the dispute resolution process and no further appeal rights are available, or prior attempts to resolve the disputed action have been unsuccessful.

(4) If the subject of the mediation or hearing request is resolved through the informal dispute resolution process, the resolution shall be confirmed in writing by the parties, and:

(a) The client shall withdraw the request for mediation or a hearing; or

(b) If the client fails to withdraw the request for hearing, the Program, if the matter has not yet been assigned to an IHO, or the IHO, if the matter has already been assigned, shall issue an order dismissing the client's hearing request.

(5) If the client or the Program is represented in the informal dispute resolution process, all settlement offers must be communicated to the party's representative.

(6) A client's request to engage in informal dispute resolution process does not extend the applicable legal timeframes to hold the hearing or to resolve the mediation, unless the parties agree to an extension for specific period of time.

Notes

Or. Admin. Code § 582-020-0030

VRD 21, f. & ef. 3-5-76; VRD 1-1981, f. & ef. 12-1-81; VRD 1-1990, f. & cert. ef. 11-26-90; VRD 2-1993, f. & cert. ef. 9-15-93; VRD 4-1997, f. & cert. ef. 11-20-97; VRS 1-2004, f. & cert. ef. 1-30-04; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 3-2020, amend filed 02/21/2020, effective 3/6/2020; VRS 1-2023, amend filed 03/31/2023, effective 4/14/2023

Statutory/Other Authority: ORS 344.530 & 344.590

Statutes/Other Implemented: ORS : 344.511 - 344.690