ORS 657B.425: Dismissal of request or application for hearing.

(1) When a request for a hearing is made under this chapter, the Director of the Employment Department may dismiss the request or application for hearing if:

      (a) The request for hearing is withdrawn by the requesting party;

      (b) The matter is resolved by reversal or amendment of the decision that is the subject of the hearing request;

      (c) The request for hearing is filed prior to the date of the written decision or written determination that is the subject of the hearing request; or

      (d) 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.

      (2)(a) A dismissal by the director under subsection (1) of this section is final unless the party whose request for hearing has been dismissed files a request for hearing regarding the dismissal within 20 days after the dismissal notice is sent electronically or mailed to the party’s last-known address.

      (b) If the party files a timely request under paragraph (a) of this subsection, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings.

      (c) The administrative law judge assigned under paragraph (b) of this subsection shall determine whether the dismissal was appropriately entered. If the dismissal was not appropriately entered, the administrative law judge shall decide the underlying issue upon which the hearing was requested.