Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 1
PROCEDURAL RULES, ATTORNEY FEES, AND GENERAL PROVISIONS
436-001-0246
Proposed and Final Orders — Exceptions, Correction, Director Review
(1) Under ORS 656.704(2)(a), a party must seek director review of a proposed and final order before petitioning for judicial review under ORS 183.482.
(2) The parties or the division may initiate director review of a proposed and final order by filing exceptions as follows:
(a) Written exceptions, including any argument, must be filed with the division within 30 days of the mailing date of the proposed and final order.
(b) A written response to the exceptions must be filed within 20 days of the date the exceptions were filed.
(c) A written reply to the response, if any, must be filed within 10 days of the date the response was filed.
(d) Exceptions, responses, and replies may be filed in any of the following ways:
(A) By mail, to the following address:
WCD Hearings
Workers’ Compensation Division
P.O. Box 14480
Salem, OR 97309-0405
(B) By hand-delivery, to the following address:
WCD Hearings
350 Winter Street NE, 2nd floor
Salem, OR 97301
(C) By fax, to 503-947-7511, if the document transmitted indicates that it has been delivered by fax, is sent to the correct fax number, and indicates the date the document was sent.
(D) By email, to wcd.hearings@dcbs.oregon.gov. If the exception, response, or reply is in an attachment to the email, the attachment must be in a format that Microsoft Word 2010® (.docx, .doc, .txt, .rtf) or Adobe Reader® (.pdf) can open. Image formats that can be viewed in Internet Explorer® (.tif, .jpg) are also acceptable.
(3) The director may extend the time period for a party to file a response, reply, or argument upon the party’s written request that explains the need for the delay or on the director’s own motion. The time period for filing exceptions may not be extended.
(4) If exceptions are timely filed, the director may issue a final order or an amended proposed and final order, request the administrative law judge to hold further hearing, or remand the matter for further administrative action.
(5) Within 30 days of the mailing date of the proposed and final order, the director may issue a notice of intent to review the proposed and final order, even if no exceptions are filed.
(6) All proposed and final orders must contain language notifying the parties of their right to file exceptions, how to file, and the time frames.
(7) The administrative law judge may withdraw a proposed and final order for correction of errors within 10 calendar days of the mailing date of the order. The time for filing exceptions begins on the date the corrected proposed and final order is mailed.
(8) If no exceptions are timely filed or if no notice of intent to review is issued, the proposed and final order will become final 30 days after the mailing date of the order.
(9) Any requests for review or requests for reconsideration of a proposed and final order filed with the board or administrative law judge within 30 days of the mailing date of the order will be forwarded to the director and treated as timely exceptions under this rule.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.704
History:
WCD 13-2021, minor correction filed 10/27/2021, effective 10/27/2021
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 1-2008, f. 6-13-08, cert. ef. 7-1-08
Renumbered from 436-001-0275, 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