Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 1
PROCEDURAL RULES, ATTORNEY FEES, AND GENERAL PROVISIONS
436-001-0003
Purpose and Applicability of these Rules
(1) Rules related to rulemaking. OAR 436-001-0005 through 436-001-0009 establish supplemental procedures for rulemaking under ORS chapter 183 and apply to all division rulemaking on or after the date the rules are effective.
(2) Rules related to hearings. OAR 436-001-0019 through 436-001-0296 establish supplemental procedures for hearings on matters within the director’s jurisdiction.
(a) In general, the rules of the Workers’ Compensation Board in OAR chapter 438 apply to the conduct of hearings, unless these rules provide otherwise.
(b) Except for OAR 436-001-0030, these rules do not apply to hearings requested under ORS 656.740.
(c) These rules do not apply to hearings on reconsideration orders issued under ORS 656.268.
(d) These rules apply to hearings held on or after the date the rules are effective.
(3) Rules related to attorney fees. OAR 436-001-0400 through 436-001-0440 apply to attorney fees under ORS 656.262(11) and (12), 656.268(6)(c), 656.277(1)(b), 656.383(1), and 656.385(1). These rules apply to orders issued on or after the date the rules are effective, regardless of the date the claim was filed or closed.
(4) General provisions. OAR 436-001-0500 applies to any refund or credit processed by the director on or after the date the rule is effective, regardless of the date the payment was received.
(5) Procedural waiver. The director may waive procedural rules as justice requires, unless otherwise obligated by statute.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.262, ORS 656.268, ORS 656.277, ORS 656.383, ORS 656.385, ORS 656.704 & ORS ch. 183
History:
WCD 6-2022, amend filed 07/05/2022, effective 09/01/2022
WCD 1-2019, amend filed 03/11/2019, effective 04/01/2019
WCD 4-2018, amend filed 03/15/2018, effective 04/01/2018
WCD 9-2015, f. 12-10-15, cert. ef. 1-1-16
WCD 7-2012, f. 11-16-12, cert. ef. 12-28-12
WCD 3-2012(Temp), f. 6-13-12, cert. ef. 7-1-12 thru 12-27-12
WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10
WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08
WCD 1-2006, f. 1-13-06, cert. ef. 1-17-06
WCD 7-2005, f. 10-20-05, cert. ef. 1-2-06
WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04
WCD 8-1998, f. 8-10-98, cert. ef. 9-15-98
WCD 7-1996, f. & cert. ef. 2-12-96
Reverted to WCD 9-1992, f. & cert. ef. 5-22-92
WCD 6-1995(Temp), f. & cert. ef. 7-14-95
WCD 9-1992, f. & cert. ef. 5-22-92