Or. Admin. R. 438-007-0025

Current through Register Vol. 63, No. 6, June 1, 2024

Section 438-007-0025 - Reconsideration

(1) The Administrative Law Judge may reopen the record and reconsider the decision before a request for review is filed or, if none is filed, before the time for requesting review expires. Reconsideration may be upon the Administrative Law Judge's own motion or upon a motion by a party showing error, omission, misconstruction of an applicable statute or the discovery of new material evidence.

(2) A motion to reconsider shall be served on the opposite parties by the movant and, if based on newly discovered evidence, shall state;

(a) The nature of the new evidence; and

(b) An explanation why the evidence could not reasonably have been discovered and produced at the hearing.

Or. Admin. R. 438-007-0025

WCB 1-1984, f. 4-5-84, ef. 5-1-84; WCB 5-1987, f. 12-18-87, ef. 1-1-88; WCB 13-2022, minor correction filed 03/15/2022, effective 3/15/2022

Statutory/Other Authority: ORS 656.307, 656.388, 656.593 & 656.726(4)

Statutes/Other Implemented: ORS 656.283(7) & 656.726(4)