Or. Admin. R. 839-050-0340

Current through Register Vol. 63, No. 9, September 1, 2024

Section 839-050-0340 - Relief from Default

(1) A party seeking relief from default must file a written request for relief from default within 10 days after any of the following:

(a) A Final Order by default has been issued by the Administrator of the Wage and Hour Division;

(b) A notice of default has been issued; or

(c) A party has failed to appear at a hearing and the Administrator of the Wage and Hour Division has issued a Final Order by default.

(2) Relief from default may be granted when the party's written request for relief from default shows good cause for the party's action or inaction that caused the default. The party's request should state any facts supporting the party's claim of good cause and include any documents that support the party's claim.

(3) The computation of the 10-day deadline for filing begins on the day after one of the events listed in (1)(a), (b), or (c) of this rule occurs. If the 10th day is a Saturday, Sunday, or holiday officially recognized by the State of Oregon or the federal government, the 10-day deadline will expire at 5 p.m. of the next day that is not a Saturday, Sunday, or holiday. A request for relief from default is considered filed on the date that it is postmarked by the United States Postal Service, or on the date reported on a certificate of service signed by counsel, or on the date it is received, whichever is earlier.

(4) A request for relief from default made after a Final Order by default has been issued by the Administrator of the Wage and Hour Division must be addressed to the Administrator of the Wage and Hour Division. The Administrator of the Wage and Hour Division may serve a response on the requesting party. The Administrator of the Wage and Hour Division will then file the request for relief from default, any response the Wage and Hour Division served on the requesting party, a copy of the Final Order on Default, and the division's case file with the Contested Case Coordinator for assignment to an Administrative Law Judge to rule on and issue an order denying or granting the request for relief from default.

(5) A request for relief from default made after a notice of default has been issued or after the party has failed to appear at a hearing and the Administrator of the Wage and Hour Division has issued a Final Order on default must be filed with the Contested Case Coordinator for assignment to an Administrative Law Judge to rule on and issue an order denying or granting the request for relief from default. If the Administrative Law Judge grants the party's request for relief from default, the Administrative Law Judge will schedule a new hearing.

Or. Admin. R. 839-050-0340

BL 8-1986, f. & ef. 9-2-86; BL 4-1987, f. 2-11-87, ef. 2-13-87; BL 10-1988, f. & cert. ef. 6-16-88; BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93; BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0190; BL 12-1996, f. & cert. ef. 12-10-96; BLI 2-2000, f. & cert. ef. 1-27-00; BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04; BLI 16-2011, f. 12-30-11, cert. ef. 1-1-12; BLI 5-2014, f. & cert. ef. 4-15-14; BLI 10-2014, f. & cert. ef. 9-4-14; BLI 8-2019, amend filed 07/01/2019, effective7/1/2019

Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4)

Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850