Or. Admin. Code § 471-070-8060

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

Section 471-070-8060 - Appeals: Office of Administrative Hearings Transmittal of Questions

(1) Questions from the administrative law judge regarding the following issues related to the Paid Family and Medical Leave Insurance program may be transmitted to the department:

(a) The department's interpretation of its rules and applicable statutes; or

(b) Which rules or statutes apply to a proceeding.

(2) At the request of a party, the department, or their representatives, or on the administrative law judge's own motion, the administrative law judge may transmit a question to the department.

(3) The administrative law judge shall submit any transmitted question in writing to the department. The submission shall include a summary of the matter in which the question arises and shall be served on the department representative and parties in the manner required by OAR 471-070-8030.

(4) The department may request additional submissions by a party or the administrative law judge in order to respond to the transmitted question.

(5) Unless prohibited by statute or administrative rules governing the timing of hearings, the administrative law judge may stay the proceeding and shall not issue the proposed order or the final order, if the administrative law judge has authority to issue the final order, until the department responds to the transmitted question.

(6) The department shall respond in writing to the transmitted question within a reasonable time. The department's response must be delivered by a person with authority to speak on the question transmitted.

(7) The department's response shall be made a part of the record of the hearing. The department may decline to answer the transmitted question. The department shall provide its response to the administrative law judge and to each party. The parties may reply to the department's response within a reasonable time.

Or. Admin. Code § 471-070-8060

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

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.410