Or. Admin. R. 438-085-0216

Current through Register Vol. 63, No. 6, June 1, 2024
Section 438-085-0216 - Untimely Appeals
(1) If OR-OSHA alleges that an appeal was not timely filed, the case shall be referred to the Hearings Division to give the parties an opportunity for a hearing on that issue, upon the request of one or more parties.
(2) If an Administrative Law Judge finds that an appeal was not timely filed, and that the Hearings Division lacks jurisdiction to grant a hearing on the merits of the case, the referee shall issue an order dismissing the appeal.

Or. Admin. R. 438-085-0216

WCB 6-1977, f. 5-5-77, ef. 6-1-77; WCB 4-1978, f. 3-31-78, ef. 4-1-78; WCB 3-1989, f. 3-31-89, ef. 5-1-89; WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95

Stat. Auth.: ORS 654.025(2) & ORS 656.726(4)

Stats. Implemented: ORS 654.025 & ORS 654.078(1-3)