Or. Admin. Code § 471-070-8045

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-070-8045 - Appeals: Telephone and Video Conference Hearings

(1) Unless precluded by law, the Office of Administrative Hearings (OAH) may, in its discretion, hold a hearing or portion of a hearing by telephone or video conference. Nothing in this rule precludes the OAH from allowing some parties or witnesses to attend by telephone or video conference while others attend in person.

(2) The OAH may direct that a hearing be held by telephone or video conference upon request or on its own motion.

(3) The OAH shall make an audio, video or stenographic record of any telephone or video conference hearing.

(4) At least seven calendar days prior to commencement of an evidentiary hearing that is held by telephone or video conference, each party shall provide to all other parties and to the OAH copies of documentary evidence that it will seek to introduce into the record. The department shall provide to all parties and to the OAH copies of all documents and records in the possession of the department that will be introduced at the hearing as exhibits, including any statements of the claimant, employee, employer or employer's agent(s), and all jurisdictional documents.

(5) Nothing in this rule precludes any party from seeking to introduce documentary evidence in addition to evidence described in section (4) of this rule, during the hearing and the administrative law judge shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the OAH and to the other parties, the hearing may be continued upon the request of any party for sufficient time to allow the party to obtain and review the evidence.

(6) As used in this rule, "telephone" means any two-way electronic communication device.

(7) As used in this rule, "video conference" means a virtual, online meeting over the internet that simulates a face-to-face meeting.

Or. Admin. Code § 471-070-8045

ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.410