72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to RC to HB 2163
 
LC 543/HB 2163-1
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                         HOUSE BILL 2163
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                            April 29
 
  On page 3 of the printed bill, after line 40, insert:
  '  { +  SECTION 4. + }  { + If House Bill 2526 becomes law,
sections 1 (amending ORS 657.270) and 3 of this 2003 Act are
repealed. + }
  '  { +  SECTION 5. + }  { + If House Bill 2526 becomes law,
section 2 of this 2003 Act (amending ORS 657.270) is repealed and
ORS 657.270, as amended by section 5, chapter 1067, Oregon Laws
1999, and section 49, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 2526), 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, an
administrative law judge from the Office of Administrative
Hearings 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 administrative law judge has given all parties
reasonable opportunity for a fair hearing, the administrative law
judge shall promptly affirm, modify or set aside the decision of
the authorized representative with respect to the claim
 { - and - }  { + . The administrative law judge + } 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 administrative law judge's decision { + ,
including a dismissal of the request for hearing as provided in
subsection (6) of this section, + } and reasons therefor. The
administrative law judge 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 administrative law judge shall explain the issues
involved in the hearing and the matters that the unrepresented
claimant or the employer must either prove or disprove. The
administrative law judge 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
administrative law judge 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 administrative law judge 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 administrative law judge
or the administrative law judge'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 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 administrative law judge 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 failed to appear as provided in paragraph (a)(C) of this
subsection may file a request to reopen the hearing. + }
  '  { +  SECTION 6. + }  { + If House Bill 2526 becomes law, the
amendments to ORS 657.270 by section 5 of this 2003 Act apply
only to requests for hearings filed on or after the effective
date of this 2003 Act. + } ' .
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