Employment Division v. Smith

Because I do not think that ORS 657.290(1) restricts the Division’s authority to correct an error of any kind pending a request for hearing, I dissent.

Concededly, the language of both ORS 657.290(1) and ORS 657.265(6) is confusing. However, I think a commonsense reading of the phrase, “irrespective of whether it has become final * * *“ is that it means even if the decision has become final. Similarly, a commonsense reading of ORS 657.265(6) is that a decision is final if no request for hearing is filed within 20 days; otherwise the literal reading requires the conclusion that a decision is…