Or. Rev. Stat. § 657.875
Extending period for appeal in certain claim and contribution matters
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657.875 Extending period for appeal in certain claim and contribution matters. The period within which an interested party may request a hearing or file with the Employment Appeals Board an application for review as provided in ORS 657.266 to 657.269, 657.270, 657.471, 657.480, 657.485, 657.679, 657.681 and 657.682 may be extended, upon a showing of good cause therefor, a reasonable time under the circumstances of each particular case. [1973 c.300 §14; 1975 c.257 §11; 1993 c.778 §17; 2005 c.214 §4; 2007 c.49 §2]
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1976–2022 · leading case: Sayers v. EMPLOYMENT DIV., STATE OF OREGON
Sayers v. EMPLOYMENT DIV., STATE OF OREGON (1982)
““In 1976, two cases presenting the identical issue of the timeliness of a request for a hearing under ORS 657.875 were decided on the same day by the same panel of this court.”
Anderson v. EMP. DIVISION, DEPT. OF HUMAN RES. (1976)
“ORS 657.875 allows a reasonable extension of time to request a hearing upon a showing of good cause for the delay.”
Howard v. Employment Division (1983)
“ORS 657.875 provides that the 20-day period within which a petitioner may request a hearing by the referee “may be extended, upon a showing of good cause therefor, a reasonable time under the circumstances of each particular case.”
Ogden Aviation v. Lay (1996)
“, STATE OF OREGON">650 P2d 1024 (1982), we reviewed the Employment Division’s determination that the petitioner had not demonstrated “good cause” for an untimely request for hearing under ORS 657.875.® Referring to <a href="/opinion/1182642/mcpherson-v-employment-division/"…”
McComas v. Employment Department (1995)
“269 and ORS 657.875. We review for errors of law, ORS 183.”
Martinsen v. Employment Department (2009)
““(2) The filing period may be extended a reasonable time upon a showing of good cause as provided by ORS 657.875. “(a) ‘Good cause’ exists when the applicant provides satisfactory evidence that factors or circumstances beyond the applicant’s reasonable control prevented timely…”
Brooks v. Employment Division (1976)
“Claimant appeals from a decision of the Employment Appeals Board holding that she failed to establish good cause, within the meaning of ORS 657.875, for an untimely request for a referee’s hearing on her unemployment compensation claim.”
Gilberts v. Employment Division (1977)
“The statute authorizing extension of otherwise applicable time limits only applies, as here relevant, to the "period within which an interested party may request a hearingORS 657.875. (Emphasis supplied.) This plain and unambiguous statutory language does not authorize any…”
Herron v. Employment Division (1976)
“ORS 657.875 authorizes the administrator to honor a héaring request made beyond the 10-day period if the administrator determines that "good cause” existed for the tardy request.”
Meritage at Little Creek v. Employment Department (2009)
“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. Employment Department (2009)
“” ORS 657.875. “Good cause” is a delegative term that the department may interpret and define by rule.”
Multnomah Cty. v. Mult. Cty. Corrections Deputy Assn. (2022)
“, STATE OF OREGON">650 P2d 1024 (1982) (“reasonable time” in ORS 657.875 is delegative). However, “reasonable” might be a different type of term in a different context, because “[d]etermin- ing the nature of a term, whether it is exact, inexact, or delegative, necessarily…”
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