Or. Admin. R. 438-006-0091

Current through Register Vol. 63, No. 9, September 1, 2024

Section 438-006-0091 - Continuances

The parties shall be prepared to present all of their evidence at the scheduled hearing. Continuances are disfavored. The Administrative Law Judge may continue a hearing for further proceedings. If a continuance is granted, the Administrative Law Judge shall state the specific reason for the continuance. A continuance may be granted:

(1) If circumstances, including the time allocated for the scheduled hearing, prevent all parties from presenting their evidence and argument;

(2) Upon a showing of due diligence, as described in OAR 438-006-0081(2), if necessary to afford reasonable opportunity to cross-examine on documentary medical or vocational evidence;

(3) Upon a showing of due diligence, as described in OAR 438-006-0081(2), if necessary to afford reasonable opportunity for the party bearing the burden of proof to obtain and present final rebuttal evidence;

(4) Upon motion of an adverse party, if that party is surprised and prejudiced by a new issue raised during a hearing; or

(5) For any reason that would justify postponement of a scheduled hearing under OAR 438-006-0081.

Or. Admin. R. 438-006-0091

WCB 3-1987(Temp), f. 8-27-87, cert. ef. 9-15-87; WCB 5-1987, f. 12-18-87, ef. 1-1-88; WCB 2-1989, f. 3-3-89, ef. 4-1-89; WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03

Stat. Auth.: ORS 656.283(4) & ORS 656.726(5)

Stats. Implemented: ORS 656.307, ORS 656.726(5)