(1) When a request for a hearing is made under this chapter, the Director of the Employment Department may dismiss the request or application for hearing if:\n(a) The request for hearing is withdrawn by the requesting party;\n(b) The matter is resolved by reversal or amendment of the decision that is the subject of the hearing request;\n(c) The request for hearing is filed prior to the date of the written decision or written determination that is the subject of the hearing request; or\n(d) The request for hearing is made by a person who is not entitled to a hearing or is not the authorized representative of a party who is entitled to a hearing.\n(2)(a) A dismissal by the director under subsection (1) of this section is final unless the party whose request for hearing has been dismissed files a request for hearing regarding the dismissal within 20 days after the dismissal notice is sent electronically or mailed to the party’s last-known address.\n(b) If the party files a timely request under paragraph (a) of this subsection, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings.\n(c) The administrative law st under paragraph (a) of this subsection, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings.\n(c) The administrative law judge assigned under paragraph (b) of this subsection shall determine whether the dismissal was appropriately entered. If the dismissal was not appropriately entered, the administrative law judge shall decide the underlying issue upon which the hearing was requested. [2023 c.292 §2]\nNote:\nSection 16 (1), chapter 292, Oregon Laws 2023, provides:\nSec. 16.\n(1) Section 2 of this 2023 Act [657B.425] applies to requests for hearings made on or after January 1, 2023. [2023 c.292 §16(1); 2023 c.292 §16a(1)]\nNote:\nSections 50 and 51, chapter 700, Oregon Laws 2019, provide:\nSec. 50. Review of department expenses.\nBeginning January 1, 2024, and not more than once each year for three consecutive calendar years thereafter, the Director of the Employment Department shall conduct a review of the expenses incurred by the Employment Department in reviewing plans for approval under ORS 657B.210, including an analysis of adequacy of the application fee determined by the department and iew of the expenses incurred by the Employment Department in reviewing plans for approval under ORS 657B.210, including an analysis of adequacy of the application fee determined by the department and administrative expenses related to request for review of determinations regarding approval or denial of applications as provided under ORS 657B.410. [2019 c.700 §50; 2021 c.639 §2]\nSec. 51. Director of Employment Department to report to legislature on progress of program implementation.\n(1)(a) The Director of the Employment Department shall submit to the interim committees of the Legislative Assembly related to workforce or business and labor, in the manner provided in ORS 192.245, reports summarizing the Employment Department’s progress toward implementing the family and medical leave insurance program described in ORS chapter 657B.\n(b) The director shall submit the first report not later than February 15, 2020, and a second report not later than September 1, 2022.\n(2) Beginning on July 1, 2024, and once during each of the following three consecutive biennia, the director shall, to the extent that the director has acquired the information, submit to the interim committees of the uly 1, 2024, and once during each of the following three consecutive biennia, the director shall, to the extent that the director has acquired the information, submit to the interim committees of the Legislative Assembly related to workforce or business and labor, in the manner provided in ORS 192.245, a report that includes:\n(a) The total number of claims submitted under ORS 657B.090.\n(b) The number of claims allowed under ORS 657B.100 and the number of claims denied under ORS 657B.100.\n(c) The total amount of benefits paid out of the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430.\n(d) Data regarding the use of moneys in the fund, the solvency of the fund and the balance of the fund.\n(e) The amount of contributions collected under ORS 657B.150.\n(f) The number of applications for plan approval submitted under ORS 657B.210, including the number of plans approved and the costs the department incurred in reviewing such applications.\n(g) The number of applications received by the department for employer assistance and the total amounts awarded in grants under ORS 657B.200.\n(h) The director shall include in the reports described in this subsection applications received by the department for employer assistance and the total amounts awarded in grants under ORS 657B.200.\n(h) The director shall include in the reports described in this subsection any recommendations made by the advisory committee under ORS 657B.380. [2019 c.700 §51; 2021 c.639 §3]
Oregon Legal Code