Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 1
PROCEDURAL RULES, ATTORNEY FEES, AND GENERAL PROVISIONS
436-001-0240
The Record
(1) Not more than 30 days after referring a request for hearing to the board, the division will provide the parties and the administrative law judge with copies of all documents in the director’s record.
(2) Not less than 28 days before the hearing, or within seven days of receipt of the director’s record, whichever is later, the insurer or self-insured employer must provide the other parties legible copies of all documents, from the director’s record, that the insurer or self-insured employer will rely on at hearing. The documents must be numbered and indexed as provided in OAR 438-007-0018(1).
(3) Not less than 14 days before the hearing, or within seven days of receipt of the insurer’s or self-insured employer’s documents and index, whichever is later, the other parties must provide legible copies of any additional documents, from the director’s record, that they will rely on at hearing. The documents must be numbered and indexed as provided in OAR 438-007-0018(2).
(4) The parties may include with their documents and indexes documents that are not included in the director’s record only if new evidence is allowed under OAR 436-001-0225.
(5) Before or at the hearing, the parties must submit their documents and indexes to the administrative law judge as provided in OAR 438-007-0018 or as otherwise required by the administrative law judge.
(6) Unless withdrawn, all documents offered by a party will be included in the hearing file, whether or not they are admitted into the evidentiary record by the administrative law judge.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.704
History:
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 1-2008, f. 6-13-08, cert. ef. 7-1-08
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
Suspended by WCD 17-1995(Temp), f. & cert. ef. 11-2-95
WCD 6-1995(Temp), f. & cert. ef. 7-14-95
WCD 9-1992, f. & cert. ef. 5-22-92