Or. Admin. Code § 471-041-0080

Current through Register Vol. 63, No. 11, November 1, 2024

Section 471-041-0080 - Presentation of Argument

(1) Parties may submit written argument within 20 days of the date that EAB provides the notice required by OAR 471-041-0075.

(2) A party's written argument will not be considered unless it:

(a) Includes a statement that a copy was provided to the opposing party or parties. Example: "I declare that on [date] I sent a copy of this document to the opposing party, addressed as follows: ABC Company, [description of sending method]."

(b) Is received within the time allowed.

(3) Written argument may be delivered in person, or sent by mail or other carrier, fax, or electronic means. EAB will make copies of any arguments received available to the Oregon Employment Department by electronic means.

(4) Any party may request that the time period allowed for submitting written argument under section (1) be extended.

(a) EAB may grant an extension of time to submit written argument if:

(A) The request is in writing;

(B) The request is promptly made after the party becomes aware of the need for the extension;

(C) The request is made prior to issuance of the EAB decision;

(D) The party has good cause, as stated in the request, for the extension; and

(E) The total period allowed for written argument, including all extensions, will not exceed 35 days from the application for review filing date.

(b) For the purpose of subsection (4)(a) of this rule, good cause exists when:

(A) The circumstances necessitating the extension are beyond the reasonable control of the requesting party; and

(B) Failure to allow the extension would result in undue hardship to the requesting party.

(c) If a party's extension request is allowed, EAB shall notify all parties of the new written argument deadline orally, in writing, or by electronic means.

Or. Admin. Code § 471-041-0080

EAB 1-1983(Temp), f. & ef. 9-14-83; EAB 1-1984, f. & ef. 3-20-84; ED 3-1993, f. & cert. ef. 10-1-93; ED 4-1993, f. & cert. ef. 11-22-93; Renumbered from 472-010-0010; ED 1-1995, f. & cert. ef. 1-9-95; ED 5-1999, f. 7-28-99, cert. ef. 8-1-99; ED 11-2006, f. 10-26-06, cert. ef. 10-29-06; ED 2-2019, amend filed 05/13/2019, effective 5/13/2019

Statutory/Other Authority: ORS 183, 657.610 & 657.685

Statutes/Other Implemented: ORS 657.685(6) & 657.690