75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2202
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Employment Department)
CHAPTER ................
AN ACT
Relating to unemployment insurance hearings; amending ORS 657.270
and 657.275.
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, an administrative
law judge from the Office of Administrative Hearings established
under ORS 183.605 shall be assigned to conduct such hearing. The
Director of the Employment Department shall 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 - } { + provide to + } 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 - }
{ + provided + } to the party prior to the hearing.
{ + (3)(a) 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.
(b) As used in this subsection, 'unrepresented' means the
claimant or the employer is not represented by an attorney,
paralegal worker, legal assistant, union representative or person
otherwise qualified by experience or training. + }
{ - (3) - } { + (4) + } 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
Enrolled House Bill 2202 (HB 2202-INTRO) Page 1
to the claim. 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) - }
{ + (7) + } 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 { - , - } { + and continued claims filed subsequent
to issuance of a decision under ORS 657.267, + } notwithstanding
the scope of the issues raised by the parties or the arguments in
a party's request for hearing.
{ + (5) Following issuance of a written decision by an
administrative law judge, any party may file a request to reopen
the hearing. The administrative law judge's decision whether to
grant the request to reopen the hearing shall be in writing and
shall be mailed to the parties. The administrative law judge may
reopen the hearing if:
(a) Any party that is requesting the reopening failed to appear
at the hearing;
(b) The party files the request within 20 days after the
issuance of the written decision by the administrative law judge;
and
(c) The cause of the failure to appear was beyond the control
of the requesting party. + }
{ - (4) - } { + (6) + } Except as provided in subsection
{ - (6) - } { + (7) + } of this section, unless the director
or any other party to the hearing, within 20 days after the
delivery of { - such notification - } { + the notice under
subsection (4) of this section + }, or if mailed, within 20 days
after the { - same - } { + notice + } was mailed to the
party's last-known address, files with the Employment Appeals
Board an application for review, { - such - } { + the + }
decision { + of the administrative law judge + } 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) - } { + (7)(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;
Enrolled House Bill 2202 (HB 2202-INTRO) Page 2
(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 2. ORS 657.275 is amended to read:
657.275. (1) If the Director of the Employment Department or
any interested party files with the Employment Appeals Board a
timely application for review, the board shall promptly affirm,
modify or set aside the decision of the administrative law judge.
The board shall promptly notify the claimant and any other
interested party of its decision. If the board finds that
additional evidence is required to reach a decision, it may
remand the matter to the administrative law judge to conduct a
hearing to obtain additional evidence in the matter. The board
shall promptly notify the claimant and any other interested party
of such action. The administrative law judge may either make a
new decision based on the additional and original evidence or
forward the additional evidence to the board for a decision. If
the administrative law judge issues a new decision, it shall be
subject to review in accordance with the provisions of ORS
657.270 { - (4) - } { + (6) + }.
(2) The board shall perform de novo review on the record. The
board may address issues raised by evidence in the record,
including but not limited to the nature of a separation,
notwithstanding the scope of the issues raised by the parties,
the arguments set forth in a party's application for review or
the parties' written or oral arguments. The board may enter its
own findings and conclusions or may adopt the findings and
conclusions of the administrative law judge, or any part thereof.
When there is evidence in the record both to make more probable
and less probable the existence of any basic fact or inference,
the board need not explain its decision to believe or rely on
such evidence unless the administrative law judge has made an
explicit credibility determination regarding the source of such
facts or evidence. The board is not required to give any weight
to implied credibility findings. The decision of the board shall
become the final order unless a petition for judicial review is
filed in accordance with ORS 657.282.
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Enrolled House Bill 2202 (HB 2202-INTRO) Page 3
Passed by House February 4, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 25, 2009
...........................................................
President of Senate
Enrolled House Bill 2202 (HB 2202-INTRO) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2202 (HB 2202-INTRO) Page 5