OAR 438-085-0305
Transmittal of Documents to Hearings Division


(1)

The Board will defer action on a Request for Hearing for 90 days unless:

(a)

There is a withdrawal of the citation or Request for Hearing;

(b)

A settlement is reached;

(c)

There is an express waiver of participation in the OR-OSHA informal settlement conference process;

(d)

An expedited hearing is required by ORS 654.078 (Contesting violations)(6); or

(e)

There is a motion or matter requiring action by an Administrative Law Judge.

(2)

If, during the deferral period, the case is settled or the citation or request for hearing is withdrawn, or there is any other reason the case requires action by an Administrative Law Judge, OR-OSHA shall immediately transmit to the Hearings Division those documents necessary to allow the Administrative Law Judge to dismiss the request for hearing and close the case, or take whatever other action is required.

(3)

At the expiration of 90 days or in all other cases described in section (1) of this rule, OR-OSHA shall transmit to the Hearings Division the following documents:

(a)

A statement of the reason for the transmittal;

(b)

A list of the documents transmitted;

(c)

The original request for hearing;

(d)

A copy of the contested citation, notice or order;

(e)

Any other document pertinent to the reason for the transmittal.

(4)

OR-OSHA shall mail a copy of the notice of transmittal and list of transmitted documents to all parties.

Source: Rule 438-085-0305 — Transmittal of Documents to Hearings Division, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-085-0305.

438‑085‑0006
Scope
438‑085‑0010
Effective Date
438‑085‑0017
Board Policy
438‑085‑0021
Number
438‑085‑0026
Definitions
438‑085‑0111
Form and Content of Request for Hearing
438‑085‑0116
Where to File a Request for Hearing
438‑085‑0131
Computing Time Periods
438‑085‑0141
Untimely Requests for Hearing
438‑085‑0200
Special Definitions
438‑085‑0210
Mediator Qualifications
438‑085‑0216
Untimely Appeals
438‑085‑0220
Standards of Mediator Conduct
438‑085‑0240
Standards of Conduct for Representatives and Parties
438‑085‑0250
Requests for Mediation
438‑085‑0260
Mediation Agreements
438‑085‑0305
Transmittal of Documents to Hearings Division
438‑085‑0306
Hearings Division Response to Request For Hearing
438‑085‑0406
Necessary Parties
438‑085‑0411
Employee Rights
438‑085‑0426
Intervention
438‑085‑0431
Representatives of Parties
438‑085‑0436
Access to Documents
438‑085‑0506
Captions of Cases
438‑085‑0511
Form of Documents
438‑085‑0526
Amendments as of Right
438‑085‑0531
Correction of Defective Request for Hearing
438‑085‑0541
Service of Documents on Other Parties
438‑085‑0545
Proof of Service
438‑085‑0550
Ex Parte Communications
438‑085‑0606
Withdrawal of Request for Hearing
438‑085‑0611
Withdrawal by Affected Employee, Authorized Representative, or Intervenor
438‑085‑0616
Withdrawal by OR-OSHA
438‑085‑0621
Settlement
438‑085‑0631
Sanctions for Failure to File Documents
438‑085‑0710
Setting and Notice of Hearing
438‑085‑0715
Place of Hearing
438‑085‑0718
Hearing Security
438‑085‑0720
Postponement or Continuance of Hearing
438‑085‑0725
Statement of Issues
438‑085‑0730
Consolidation or Separation
438‑085‑0735
Motions
438‑085‑0740
Discovery
438‑085‑0745
Subpoenas
438‑085‑0750
Change of Administrative Law Judge
438‑085‑0755
Extensions of Time
438‑085‑0800
Decision by Administrative Law Judge Without Hearing
438‑085‑0805
Duties and Powers of Administrative Law Judge
438‑085‑0810
Failure to Appear
438‑085‑0815
Record and Transcript of Hearing
438‑085‑0820
Burden of Proof
438‑085‑0825
Conduct of Hearing
438‑085‑0835
Exclusion of Witness from Hearing Room
438‑085‑0840
Rules of Evidence
438‑085‑0845
Official Notice
438‑085‑0850
Offers of Proof
438‑085‑0855
Exhibits
438‑085‑0860
View of Premises
438‑085‑0865
Opinion and Order of Administrative Law Judge
438‑085‑0870
Reconsideration
Last Updated

Jun. 8, 2021

Rule 438-085-0305’s source at or​.us