justicedao/ipfs_state_laws huggingface dataset:
839-002-0030 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued (1) The commissioner may issue a subpoena at any time when the information sought is relevant to a lawful investigative purpose and is reasonable in scope. Investigative purposes include any preliminary inquiries in determining whether to pursue a formal investigation. (2) The commissioner may issue a subpoena ad testificandum to compel a person to testify under oath when: (a) A Division determines that the person is a material witness in an investigation being conducted by the Division under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170, or chapters 652, 653, 658, and 659A; and (b) The Division has been unable to interview the person after having made reasonable attempts to do so, or the person states that the person will only consent to an interview if first served with a subpoena. (3) The commissioner may also issue a subpoena ad testificandum to compel a person to testify under oath about the contents of documents or other things produced in response to a subpoena duces tecum served on the same person. (4) The commissioner may issue a subpoena duces tecum to compel a person to produce documents or other things when: (a) A Division determines that the documents or other things are relevant to the Division’s inquiry being conducted under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170, or chapters 652, 653, 658, and 659A; and (b) The Division has made a written request for production of documents or things and the person to whom the request was made has failed to comply within the time specified by the Division, unless the commissioner finds a subpoena is necessary to protect the documents and things from destruction. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 14-2010, f. 5-4-10, cert. ef. 5-5-10 BLI 5-2010(Temp), f. 2-10-10, cert. ef. 2-12-10 thru 8-6-10 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0035 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who May Issue Subpoenas The commissioner or the commissioner’s designees may issue subpoenas. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0040 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Duces Tecum (1) A subpoena duces tecum may be issued to any person who has custody, possession, or control of documents or other things named in the subpoena duces tecum when the conditions set out in OAR 839-002-0030(4) have been met. (2) A subpoena duces tecum issued to a corporation will be addressed to the records custodian of the corporation. (3) A subpoena duces tecum will not require production of documents or other things less than 14 days from the date of service upon the person required to produce and permit inspection of the documents or things unless the commissioner finds a shorter period necessary to protect the documents and things from destruction or if the Division has an immediate need for the documents or things being subpoenaed. (4) The commissioner may also command the person to whom a subpoena duces tecum is issued to produce documents and other things by mail or otherwise, at a time and place specified in the subpoena, without commanding inspection of the originals. The person to whom the subpoena is directed complies if the person produces copies of the specified items in the specified manner and certifies that the copies are true copies of all documents and other things responsive to the subpoena. (5) The subpoenaed documents and other things must be produced at the location, time, and date required in the subpoena. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 14-2010, f. 5-4-10, cert. ef. 5-5-10 BLI 5-2010(Temp), f. 2-10-10, cert. ef. 2-12-10 thru 8-6-10 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0045 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Ad Testificandum (1) A subpoena ad testificandum may be issued to any person when the conditions set out in 839-002-0030(2) or 839-002-0030(3) have been met. (2) The subpoena ad testificandum must give the person a reasonable time for preparation and travel to the place of attendance and the place of attendance must be in a suitable place in the vicinity to which testimony is applicable. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 14-2010, f. 5-4-10, cert. ef. 5-5-10 BLI 5-2010(Temp), f. 2-10-10, cert. ef. 2-12-10 thru 8-6-10 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0050 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Service (1) Except as noted in subsections (2) and (3) of this rule, subpoenas must be served in person by delivering a copy to the witness personally and, at the same time, giving or offering to the witness the fees to which the person is entitled for travel to and from the place where the witness is commanded to appear, along with one day’s attendance fee. A subpoena may be served by any person 18 years of age or older. (2) Subpoenas ad testificandum may be served by mail under the following circumstances: (a) The Division must have, by personal or telephone contact, confirmed the witness’s willingness to appear if subpoenaed and certify this on the return of service; (b) The Division made arrangements for payment to the witness of fees and mileage satisfactory to the witness and pays those fees and mileage; and (c) The subpoena is sent by certified mail to the witness more than 10 days before the date set for appearance or production of documents or other things and the Division receives a return receipt signed by the witness more than three days prior to that date. (3) A subpoena duces tecum that commands production of documents or other things but is not accompanied by a subpoena ad testificandum may be served by mailing the subpoena to the person required to produce and permit inspection of the documents or things by first class mail and by certified or registered mail, return receipt requested. (4) A subpoena duces tecum issued to a corporation will be served in accordance with requirements for service of summons on a corporation pursuant to ORCP 7 D(3)(b). Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658, 659A & ORCP 7 History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 14-2010, f. 5-4-10, cert. ef. 5-5-10 BLI 5-2010(Temp), f. 2-10-10, cert. ef. 2-12-10 thru 8-6-10 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0055 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Fees All persons subpoenaed by the commissioner must be paid the mileage and per diem set out in ORS 44.415(2). Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0060 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Time (1) Any person served with an investigative subpoena may object to testifying or providing the documents or other things sought. Grounds for objections include: (a) The information sought is irrelevant to a lawful investigative purpose; (b) The information sought is unreasonable in scope; (c) The witness is ordered to appear to give testimony in a place that is not suitable or not in the vicinity to which the testimony is applicable; (d) The time and expense involved in copying the documents sought. In order to have this objection considered, a person making this objection must include a written estimate of the time involved and number of copies to be made in order to comply with the subpoena; (e) Reasonable cause to refuse to comply; and (f) Any other basis that may be asserted under Oregon law. (2) Objections to subpoenas must be in writing and must be received by the Division at least seven calendar days before the time that the witness is subpoenaed to testify or provide documents or other things. (3) If a subpoenaed witness refuses to answer specific questions while giving testimony, the witness must state the reason for the witness’s objection at the time that the witness refuses to answer the questions. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0065 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Response to Objections (1) The Division serving a subpoena will respond in writing within fourteen calendar days of receiving objection from a person receiving the subpoena that: (a) Alleges grounds stated in OAR 839-002-0060(1); and (b) Is timely received under the requirements of OAR 839-002-0060(2). (2) In its response the Division will address the specific objections raised. (3) The Division may at its discretion prior to or upon the fourteenth calendar day to respond, engage in communication with the person objecting to the subpoena to determine whether the Division’s objective and the objecting person’s concerns can be addressed without enforcing the subpoena as provided in OAR 839-002-0080. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 4-2015, f. & cert. ef. 5-15-15 BLI 1-2015(Temp), f. 1-5-15, cert. ef. 1-6-15 thru 7-4-15 BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0070 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Taking Testimony (1) When a witness appears to give testimony in response to a subpoena ad testificandum, an oath or affirmation will be administered to the witness prior to the witness’s testimony. The oath or affirmation will be administered by an officer authorized to administer oaths in Oregon, generally a notary public employed by the Bureau of Labor and Industries. (2) The witness’s testimony will be preserved by an audio or video recording. Upon request, the Division will give the witness a copy of the recording at no cost. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0075 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Failure to Appear If a person served with a subpoena fails to appear and has not filed any prior objections, the commissioner will conclude that the person has refused, without reasonable cause, to answer any question or to produce any document or other thing. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0080 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Enforcement of Subpoena If a person served with a subpoena refuses, without reasonable cause, to be examined, to answer any question, or to produce any document or other thing as required by the subpoena, the commissioner may petition the circuit court in the county in which the investigation is pending for an order directing the person to show cause why the person has not complied with the subpoena and should not be held in contempt. The commissioner shall serve the court’s order upon the person in the manner provided by ORCP 55 D. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0405 Hospital Workforce Demographic Reports (1) Every hospital required to submit a report to the United States Equal Employment Opportunity Commission in accordance with 42 USC 2000e-8(c) must file a copy of the report with the Bureau of Labor and Industries no later than 90 days after the date on which the hospital is required to submit the report to the Commission. (2) Every hospital required to submit a report to the United States Department of Education in accordance with 20 USC 1094 must file a copy of the report with the Bureau no later than 90 days after the date on which the hospital is required to submit the report to the Department. (3) Hospitals must file the required reports via email to CRD.Reporting@boli.oregon.gov. (4)(a) A hospital may file a request for an extension of the deadline described in section (1) or (2) of this rule by submitting a request via email to CRD.Reporting@boli.oregon.gov. The request must be submitted more than 10 business days before the deadline. The request must clearly identify the name of the hospital, provide contact information for the individual submitting the request, specify whether the request applies to section (1) or (2) of this rule and identify the basis for the request. (b) For good cause shown, the Bureau will grant a request for an extension and identify a new deadline by which the hospital must file the report. (c) As used in this section, “good cause” includes the submission of an undue hardship application to the Commission, provided that the extension request complies with this rule and: (A) The extension request filed with the Bureau includes a copy of the undue hardship application submitted to the Commission; and (B) The hospital files a copy of any substantive response from the Commission granting or denying the request within 10 business days of receipt. (5) As used in this rule, “report” has the meaning given that term in ORS 651.190, and includes Equal Employment Opportunity Data Collection Forms and survey data submitted to the National Center for Education Statistics. Statutory/Other Authority: ORS 651.060 & ORS 651.190 Statutes/Other Implemented: ORS 651.190 History: BLI 11-2024, adopt filed 03/21/2024, effective 04/01/2024
839-003-0000 Purpose and Scope (1) The policy of the State of Oregon guarantees all citizens of the state the right to employment, housing, access to places of public accommodation and private vocational, professional or trade schools without unlawful discrimination. (2) These rules govern the Civil Rights Division procedures for processing all complaints filed with the division. (3) In any matter not governed by these rules, the Commissioner of the Bureau of Labor and Industries will exercise discretion under the law. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.003 & 659A.805 History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 11-2000, f. & cert. ef. 3-24-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 7-1981, f. & ef. 6-25-81
839-003-0010 Who May File: Employment and Public Accommodation (1) This section does not apply to housing discrimination complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a). Complaints of housing discrimination must be filed in accordance with OAR 839-003-0200. (2) Any person claiming to be aggrieved by an unlawful practice may file a complaint with the division personally or through an attorney. (3) Any employee, or a representative authorized to do so by ORS 654.062(2), may file a complaint with the division alleging discrimination by an employer against the employee for raising issues of employee safety or health in the workplace. (4) The commissioner of the Bureau of Labor and Industries or attorney general of the State of Oregon may file a complaint whenever there is reason to believe that a person has committed unlawful practices. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.820 & 659A.825 History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08 BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09 Reverted to BLI 10-2002, f. & cert. ef. 5-17-02 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 11-2000, f. & cert. ef. 3-24-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 7-1982, f. & ef. 4-22-82 BL 7-1981, f. & ef. 6-25-81
839-003-0015 Equal Employment Opportunity Commission If an aggrieved person wants to file a complaint alleging facts that would also violate federal discrimination statutes administered by the federal Equal Employment Opportunity Commission (EEOC) and the complaint meets federal filing requirements, the division may accept it on behalf of EEOC and co-file the complaint with EEOC. Under a work-sharing agreement between the division and EEOC the division, in most instances, will process the complaint for both agencies. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.820, 42 USC Sec. 706(c) & (d) (Title VII of the Civil Rights Act of 1964, as amended), 42 USC Sec. 101-108 (Title I of the Americans with Disabilities Act) & 29 USC Sec. 621-634 (The Age Discrimination in Employment Act of 1967) History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 11-2000, f. & cert. ef. 3-24-00 BL 7-1981, f. & ef. 6-25-81
839-003-0031 Filing a discrimination complaint under the Oregon Safe Employment Act (OSEA) (1) An aggrieved person or the aggrieved person's attorney may file a complaint alleging a violation of ORS 654.062(5) online, by mail or in person at any Bureau office in the state of Oregon. (2) “Complaint” means a written statement signed by the aggrieved person that: (a) Gives the name and address of the aggrieved person and the respondent; (b) Identifies the protected activity that forms the basis of the complaint; (c) Is signed by the aggrieved person; (d) Describes the actions complained of, including: (A) The date(s) of occurrence; (B) What the action was and how it harmed the aggrieved person; and (C) The causal connection between the aggrieved person’s protected activity and the alleged harm. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 654.062 & ORS 659A.800 - 659A.865 History: BLI 3-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 9-2015, f. & cert. ef. 6-29-15 BLI 13-2013, f. & cert. ef. 12-30-13 BLI 7-2012, f. & cert. ef. 8-8-12 BLI 5-2012(Temp), f. & cert. ef. 6-13-12 thru 12-10-12
839-003-0040 Amendment of Complaints: Employment and Public Accommodation (1) This section does not apply to housing discrimination complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a). Complaints of housing discrimination must be amended in accordance with OAR 839-003-0205. (2) The division may amend a complaint to correct technical defects and to add additional persons as respondents. The division may amend a complaint on its own initiative or at the aggrieved person’s request (with the division's agreement) at any time prior to the issuance of formal charges, except that respondents may only be added during the course of investigation. Examples of technical defects include: clerical errors, additions or deletions, name and address corrections, and statute or rule citation errors. (3) A complaint may be amended to add a protected class only if the addition is supported by facts already alleged. New facts may not be added. If new facts are alleged, the aggrieved person must file a new complaint meeting the standards provided in OAR 839-003-0005(5). (4) Amended complaints need not be verified or signed by the aggrieved person. (5) The division will send a copy of the amended complaint to the aggrieved person and all respondents. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.820 History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 6-2010, f. & cert. ef. 2-24-10 BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08 BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09 Reverted to BLI 2-2005, f. 1-6-05, cert. ef. 1-7-05 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 2-2005, f. 1-6-05, cert. ef. 1-7-05 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 11-2000, f. & cert. ef. 3-24-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 7-1981, f. & ef. 6-25-81
839-003-0045 Withdrawal of Complaint: Employment and Public Accommodation (1) This rule does not apply to housing discrimination complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601–3614a). The withdrawal of a housing discrimination complaint is addressed in OAR 839-003-0210. (2) An aggrieved person may voluntarily withdraw a complaint at any time by giving the division written notice of the aggrieved person’s decision to withdraw. If the aggrieved person wants a federal "right to sue letter," the aggrieved person must provide a written request to EEOC or to the division. If the aggrieved person makes the request to the division, the division will forward the request to EEOC. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08 BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09 Reverted to BLI 10-2002, f. & cert. ef. 5-17-02 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 11-2000, f. & cert. ef. 3-24-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 7-1981, f. & ef. 6-25-81