71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 956
 
                         Senate Bill 403
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Employment Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows dismissal of request for hearing on claim for
unemployment benefits under certain circumstances.
 
                        A BILL FOR AN ACT
Relating to dismissal of hearings on unemployment benefits;
  creating new provisions; and amending ORS 657.270.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.270 is amended to read:
  657.270. (1) When a request for hearing upon the claim has been
filed, as provided in ORS 657.266 to 657.269, a hearing officer
from the Hearing Officer Panel established under section 3,
chapter 849, Oregon Laws 1999, shall be assigned to conduct such
hearing. The Director of the Employment Department shall
  { - also - }  notify the parties, in plain language, of their
right, upon their request, to receive by mail copies of all
documents and records in the possession of the Employment
Department relevant to the decision of the authorized
representative, including any statements of the claimant,
employer or employer's agents.
  (2) When the hearing is conducted by telephone, the director
shall mail all parties copies of all documents and records in the
possession of the director that will be introduced at the hearing
as exhibits, including any statements of the claimant, employer
or employer's agents, and all jurisdictional documents, at least
seven days prior to the hearing. A party may request that the
hearing be continued in order to receive copies of and respond to
documentary evidence introduced at the hearing and not mailed to
the party prior to the hearing.
  (3) After the hearing officer has given all parties reasonable
opportunity for a fair hearing, the hearing officer shall
promptly affirm, modify or set aside the decision of the
authorized representative with respect to the claim   { - and - }
 { + . The hearing officer + } promptly shall notify all parties
entitled to notice of the decision of the authorized
representative, as set forth in ORS 657.266 to 657.269, of the
hearing officer's decision { + , including a dismissal of the
request for hearing as provided in subsection (6) of this
section, + } and reasons therefor.  The hearing officer may
address issues raised by evidence in the record, including but
not limited to the nature of the separation, notwithstanding the
scope of the issues raised by the parties or the arguments in a
party's request for hearing.
  (4)  { + Except as provided in subsection (6) of this
section, + } unless the director or any other party to the
hearing, within 20 days after the delivery of such notification,
or if mailed, within 20 days after the same was mailed to the
party's last-known address, files with the Employment Appeals
Board an application for review, such decision shall be final.
  (5) When the claimant or the employer is unrepresented at the
hearing, the hearing officer shall explain the issues involved in
the hearing and the matters that the unrepresented claimant or
the employer must either prove or disprove. The hearing officer
shall ensure that the record developed at the hearing shows a
full and fair inquiry into the facts necessary for consideration
of all issues properly before the hearing officer in the case. As
used in this section, a claimant or employer is 'unrepresented'
if not represented by an attorney, paralegal worker, legal
assistant, union representative or person otherwise qualified by
experience or training.
   { +  (6)(a) The hearing officer may dismiss a request for
hearing under subsection (1) of this section when:
  (A) The request for hearing is withdrawn by the requesting
party;
  (B) In response to a request by the hearing officer or the
hearing officer's designee, the requesting party fails to
provide, in a timely manner, the information necessary to allow
the matter to be scheduled for hearing;
  (C) The party, having requested a hearing, fails to appear at
the time of the hearing;
  (D) The issues are resolved by cancellation or amendment of the
decision that is the subject of the hearing request;
  (E) The requesting party fails to file the request for hearing
within the time allowed by statute or rule and fails to show good
cause for the delay;
  (F) The request for hearing is filed prior to the date of the
written decision or written determination that is the subject of
the request; or
  (G) 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.
  (b) A dismissal by the hearing officer under this subsection is
final unless the party whose request for hearing has been
dismissed files, within 20 days after the dismissal notice was
mailed to the party's last-known address, an application for
review as provided under this chapter.
  (c) Notwithstanding paragraph (b) of this subsection, a party
whose request has been dismissed because that party failed to
appear as provided in paragraph (a)(C) of this subsection or
because any other party failed to appear may file a request to
reopen the hearing. + }
  SECTION 2. ORS 657.270, as amended by section 5, chapter 1067,
Oregon Laws 1999, is amended to read:
  657.270. (1) When a request for hearing upon the claim has been
filed, as provided in ORS 657.266 to 657.269, a hearing officer
designated by the Director of the Employment Department shall be
assigned to conduct such hearing. The director shall
  { - also - }  notify the parties, in plain language, of their
right, upon their request, to receive by mail copies of all
documents and records in the possession of the Employment
Department relevant to the decision of the authorized
representative, including any statements of the claimant,
employer or employer's agents.
 
  (2) When the hearing is conducted by telephone, the director
shall mail all parties copies of all documents and records in the
possession of the director that will be introduced at the hearing
as exhibits, including any statements of the claimant, employer
or employer's agents, and all jurisdictional documents, at least
seven days prior to the hearing. A party may request that the
hearing be continued in order to receive copies of and respond to
documentary evidence introduced at the hearing and not mailed to
the party prior to the hearing.
  (3) After the hearing officer has given all parties reasonable
opportunity for a fair hearing, the hearing officer shall
promptly affirm, modify or set aside the decision of the
authorized representative with respect to the claim   { - and - }
 { + . The hearing officer + } promptly shall notify all parties
entitled to notice of the decision of the authorized
representative, as set forth in ORS 657.266 to 657.269, of the
hearing officer's decision { + , including a dismissal of the
request for hearing as provided in subsection (6) of this
section, + } and reasons therefor.  The hearing officer may
address issues raised by evidence in the record, including but
not limited to the nature of the separation, notwithstanding the
scope of the issues raised by the parties or the arguments in a
party's request for hearing.
  (4)  { + Except as provided in subsection (6) of this
section, + } unless the director or any other party to the
hearing, within 20 days after the delivery of such notification,
or if mailed, within 20 days after the same was mailed to the
party's last-known address, files with the Employment Appeals
Board an application for review, such decision shall be final.
  (5) When the claimant or the employer is unrepresented at the
hearing, the hearing officer shall explain the issues involved in
the hearing and the matters that the unrepresented claimant or
the employer must either prove or disprove. The hearing officer
shall ensure that the record developed at the hearing shows a
full and fair inquiry into the facts necessary for consideration
of all issues properly before the hearing officer in the case. As
used in this section, a claimant or employer is 'unrepresented'
if not represented by an attorney, paralegal worker, legal
assistant, union representative or person otherwise qualified by
experience or training.
   { +  (6)(a) The hearing officer may dismiss a request for
hearing under subsection (1) of this section when:
  (A) The request for hearing is withdrawn by the requesting
party;
  (B) In response to a request by the hearing officer or the
hearing officer's designee, the requesting party fails to
provide, in a timely manner, the information necessary to allow
the matter to be scheduled for hearing;
  (C) The requesting party or another party fails to appear at
the time of the hearing;
  (D) The issues are resolved by cancellation or amendment of the
decision that is the subject of the hearing request;
  (E) The requesting party fails to file the request for hearing
within the time allowed by statute or rule and fails to show good
cause for the delay;
  (F) The request for hearing is filed prior to the date of the
written decision or written determination that is the subject of
the request; or
  (G) 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.
  (b) A dismissal by the hearing officer under this subsection is
final unless the party whose request for hearing has been
dismissed files, within 20 days after the dismissal notice was
mailed to the party's last-known address, an application for
review as provided under this chapter.
  (c) Notwithstanding paragraph (b) of this subsection, a
requesting party whose request has been dismissed because that
party or another party failed to appear as provided in paragraph
(a)(C) of this subsection may file a request to reopen the
hearing. + }
  SECTION 3.  { + The amendments to ORS 657.270 by section 1 of
this 2001 Act apply only to requests for hearings filed on or
after the effective date of this 2001 Act. + }
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