657.269
Decision final unless hearing requested. (1)(a) Unless the claimant or one of the employing
units or agents of the employing units entitled to notice under ORS 657.267 or
657.268 files a request for hearing upon the decision with the Director of the
Employment Department in a timely manner as determined under subsection (2) of
this section, the decision is final and benefits must be paid or denied
accordingly.
(b) If the
decision is to allow benefits, the director shall pay the benefits regardless
of any pending hearing on the claim.
(2) A request for
hearing upon the decision under subsection (1) of this section must be filed
within 20 days after delivery of the notice required under ORS 657.267 or
657.268 or, if mailed, within 20 days after the notice was mailed to the party’s
last-known address. [1993 c.778 §9; 2011 c.22 §3]
Notes of Decisions
Haskins v. Emp. Dep't, 965 P.2d 422 (Or. Ct. App. 1998).
· cites it 8× “" On review, claimant argues that, although she failed to submit a signed hearing request in compliance with the administrative rule, her claim should be allowed to proceed, because the underlying statute, ORS 657.”
McComas v. Emp. Dep't, 891 P.2d 1351 (Or. Ct. App. 1995).
· cites it 6× “Claimant seeks review of a final order of the Employment Appeals Board, which affirmed a referee’s dismissal of claimant’s request for a hearing as untimely under ORS 657.269 and ORS 657.875. We review for errors of law, ORS 183.”
Martinsen v. Emp. Dep't, 206 P.3d 1113 (Or. Ct. App. 2009).
“ORS 657.269 requires a claimant who receives a denial to file a “request for [a] hearing” within 20 days of the administrative decision, otherwise “[the decision or the denial] shall be final and benefits shall be paid or denied in accordance therewith.”
Freeman v. Emp. Dep't, 971 P.2d 455 (Or. Ct. App. 1998).
· cites it 7× “ORS 657.269 requires a claimant who receives such a denial to file a “request for [a] hearing” within 20 days of the administrative decision.”
Meritage at Little Creek v. Emp. Dep't, 222 P.3d 736 (Or. Ct. App. 2009).
· cites it 2× “ORS 657.269 and ORS 657.875. The request for hearing may be accepted only if the employer’s failure to file a timely request was beyond its reasonable control.”
Rodriguez v. Emp. Dep't, 205 P.3d 42 (Or. Ct. App. 2009).
“A claimant whose unemployment benefits have been denied must request a hearing within 20 days after the notice was mailed to the claimant’s last known address or the decision will become final.”
Kroetch v. Emp. Dep't, 341 P.3d 137 (Or. Ct. App. 2014).
“ORS 657.269. However, for good cause, the period may be extended for a time that is reasonable under the circumstances of each case.”
Hass v. Emp. Dep't, 258 P.3d 1287 (Or. Ct. App. 2011).
“After the Employment Department denied her claim for benefits, claimant failed to submit a request for hearing within the 20 days provided by ORS 657.269; she submitted her request for hearing three days late.”
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