justicedao/ipfs_state_laws huggingface dataset:
839-026-0130 Schedule of Civil Penalties for Violations of ORS 653.412 to 653.485 (1) Except as provided in sections (2) and (3) of this rule, the civil penalty for any one violation of ORS 653.412 to 653.485 or any rule adopted pursuant thereto shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) The civil penalty for failing to display in the workplace a poster giving notice of the rights described in ORS 653.412 to 653.485 shall not exceed $500. (3) When the commissioner determines that an employer has violated ORS 653.432(7) by coercing an employee into requesting or agreeing to be added to the voluntary standby list, the civil penalty shall not exceed $2,000. (4) The civil penalties set out in this rule shall be in addition to any other penalty assessed or imposed by law or rule. (5) The actual amount of the civil penalty will be set in accordance with the determinations and considerations referred to in OAR 839-026-0140. Statutory/Other Authority: ORS 651.060(4) Statutes/Other Implemented: ORS 653.412 - 653.485 History: BLI 16-2018, adopt filed 06/08/2018, effective 01/01/2019
839-026-0140 Criteria for Determining a Civil Penalty (1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed and cite those the commissioner finds to be appropriate: (a) The history of the employer in taking all necessary measures to prevent or correct violations of statutes or rules; (b) Prior violations, if any, of statutes or rules; (c) The magnitude and seriousness of the violation; (d) Whether the employer knew or should have known of the violation; (e) The opportunity and degree of difficulty to comply; and (f) Whether the employer’s action or inaction has resulted in the loss of a substantive right of an employee. (2) It shall be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed. (3) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be assessed. Statutory/Other Authority: ORS 651.060(4) Statutes/Other Implemented: ORS 653.412 - 653.485 History: BLI 16-2018, adopt filed 06/08/2018, effective 01/01/2019
839-030-0300 Administering Personal Service Contracts (1) The Bureau of Labor and Industries may contract with consultants to provide required services. It is the intent of the bureau to publicly announce requirements for consultant services, and to select consultants on the basis of demonstrated competence and qualifications for the type of professional services required. All such contracts will be executed at a fair and reasonable price. (2) The personal services contract rules (OAR chapter 125, division 20) of the Oregon Department of Administrative Services are hereby adopted by reference as permanent rules for the Bureau of Labor and Industries, except to the extent modified in this or any other division of OAR chapter 839. Statutory/Other Authority: ORS 651.060(4) Statutes/Other Implemented: ORS 279 History: BLI 25-2000, f.11-17-00, cert. ef. 12-1-00 BL 11-1992, f. & cert. ef. 7-29-92
839-050-0000 Statement of Purpose (1) The purpose of OAR 839-050-0000 to 839-050-0440 is to ensure that the contested case procedures of the Bureau of Labor and Industries comply with ORS 183.413 to 183.470, to provide clear guidelines and an understanding of what is expected of participants, and to provide for thorough and timely hearings. (2) In an effort to provide timely hearings, OAR 839-050-0000 to 839-050-0440 establish time limits that will be strictly followed. Waiver or extension of set time limits will be granted only under the limited circumstances set forth in these rules. Statutory/Other Authority: ORS chapter 183; ORS 279C.815, 279C.817; 651.060(4), 658.407(3), 658.820 & 659A.805 Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0020 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0010 Model Rules of Procedure The Attorney General's Model Rules of Procedure for contested cases adopted pursuant to OAR 839-002-0005 govern contested case proceedings of the Bureau of Labor and Industries except to the extent they conflict with or are modified by rules in this division or any other division of chapter 839 of the Oregon Administrative Rules. The rules for contested case proceedings are set forth in OAR chapter 839, division 50. The Attorney General’s Model Rules for Agency Declaratory Rulings govern Declaratory Rulings. NOTE: The full text of the Attorney General’s Model Rules of Procedure is found online at https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=283 Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 7-2006, f. 3-16-06 cert. ef. 3-20-06 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0022 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0030 Service of Documents (1) Except as otherwise provided in ORS 652.332(1), the charging document will be served on the party or the party's representative by personal service or by United States Postal Service registered or certified mail. Service of a charging document is complete upon the earlier of: (a) Receipt by the party or the party's representative; or (b) Mailing when sent by United States Postal Service registered or certified mail to the correct address of the party or the party's representative. (2) All other documents may be served on the party or the party's representative by: (a) Personal service; (b) United States Postal Service mail to the last known address in the Agency's file for the subject case; or (c) Email to a person who has consented to email service in writing, at an email address identified by the person. (3) Service of a document other than the charging document is complete upon personal service, official United States Postal Service postmark date, or email service when a person has consented to email service, whichever occurs earlier. (4) Any participant to a contested case proceeding filing a document with the Forum will serve a copy of such document upon all other participants or their representatives. (5) A participant whose mailing or email address changes must notify the Contested Case Coordinator in writing within 10 days of such change with a copy to all other participants; otherwise, the Contested Case Coordinator, the Forum, and the Agency will presume the address on file to be correct. (6) For the purpose of this rule, the term "participant" or “party” does not include an aggrieved person intervening in a proceeding involving a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, or an aggrieved person named in a commissioner’s complaint. Statutory/Other Authority: ORS chapter 183 & ORS 651.060 Statutes/Other Implemented: ORS 279C.860, ORS 279C.865, ORS 652.332, ORS 653.065, ORS 658.115, ORS 658.407, ORS 658.820, ORS 659A.845, ORS 659A.850 & ORS 659A.885 History: BLI 2-2025, amend filed 01/09/2025, effective 01/13/2025 BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 38-2008, f. & cert. ef. 11-7-08 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0030 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0040 Filing of Documents with the Contested Case Coordinator; Calculation of Time and Filing Dates (1) Documents must be filed with the Contested Case Coordinator to be considered filed with the Forum. (2) Except as modified by statute or enlarged by these rules, by order of the commissioner, or by decision of the Administrative Law Judge, a document is filed with the Contested Case Coordinator on the date the Contested Case Coordinator receives the document, or on the date postmarked on the properly addressed document, whichever is earlier. (3) Documents are not to be filed with the Contested Case Coordinator by email or by facsimile transmission except with the prior approval of the Administrative Law Judge. The Administrative Law Judge may require the participant filing a document by email or by facsimile transmission to also send the Contested Case Coordinator a copy of the document by United States Postal Service mail or personal delivery, and may require the participant to serve the other participants with the document by email or by facsimile transmission in addition to a paper copy by United States Postal Service mail or personal delivery. (4) The computation of any period of time will not include the day from which the designated period begins to run. The computation will include the last day of this period unless it is a Saturday, Sunday, or holiday officially recognized by the State of Oregon or the federal government. If the last day of the time period is a Saturday, Sunday, or holiday, the period will run until 5 p.m. of the next day that is not a Saturday, Sunday, or holiday. (5) All time periods described in these rules are measured in calendar days. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 16-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0035 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0050 Timeliness (1) The Administrative Law Judge may disregard any document that is filed with the Contested Case Coordinator beyond the established number of days for filing. (2) When a participant requires additional time to submit any document, a written request for such extension must be filed with and received by the Contested Case Coordinator no later than the date set for filing of the document in question, except that the Administrative Law Judge has discretion to permit a participant to make an oral motion for an extension of time. When the Administrative Law Judge allows a participant to make an oral motion for extension of time, the Administrative Law Judge will promptly notify the other participants of the motion and give them an opportunity to respond, either orally or in writing. When a participant files a written motion for extension of time, the other participants will have seven days after service of the motion in which to file a written response, unless that time is altered by order of the Administrative Law Judge. (3) The administrative law judge may grant such an extension of time only in situations when the requesting participant shows good cause for the need for more time or when no other participant opposes the request. The administrative law judge will promptly notify the participant requesting the extension whether it will be allowed. (4) When an extension of time is allowed to a participant, the administrative law judge will advise all participants of the new due date, and will state whether the same extension of time applies to the other participants. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 6-2005, f. 2-8-05, cert. ef. 2-11-05 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0040 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0060 Charging Documents (1) A charging document will contain: (a) A reference to the particular statutes or administrative rules involved in the alleged violation; (b) A short and concise statement of the matters that constitute the alleged violation; and (c) A statement of the remedies sought, the statutes or rules involved and, when appropriate, the penalty sought. (2) A charging document may contain statements that: (a) When a party fails to timely request a hearing, or having made a timely request subsequently withdraws it, the Agency file will be the evidentiary record of the proceeding; (b) When a party files an answer and a request for hearing (when required), and subsequently notifies the Agency that it will not appear at the hearing, or, without such notice, the party fails to appear at the hearing, the Agency's file may become part of the contested case record; and (c) A statement that when a party fails to answer a charging document, the Agency file will automatically become the contested case record, or part thereof, upon default for the purpose of proving a prima facie case. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0050 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0070 Request for a Contested Case Hearing Except when Formal Charges are issued, any party upon whom a charging document is served and who wishes to contest the charging document must request a contested case hearing. This request must be in writing and filed with the Agency to the address and within the time limit established in the charging document. A party that fails to file a request for a hearing within the time limit established in the charging document, or that requests a hearing and subsequently withdraws the request, will be in default as to the charges alleged in the charging document. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0051 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 12-1986, f. 10-29-86, ef. 10-30-86 BL 8-1986, f. & ef. 9-2-86
839-050-0090 Location of Contested Case Hearings Contested case hearings will generally be held in a State of Oregon office building when available, or another appropriate facility, near the location where the action arose. The location of a hearing will be included in the Notice of Hearing. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0045 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0100 Information for Contested Case Hearings The Forum will provide with a Notice of Hearing, a statement of information for all parties involved in a contested case hearing that includes: (1) Instructions on how to submit correspondence, documents and other filings to the Contested Case Coordinator; (2) The information required under ORS 183.413 concerning the rights of the parties to the hearing; (3) A statement that an order may be issued upon default if a party requesting a hearing fails to appear at the hearing and there is a prima facie case of unlawful practices or other violations; and (4) A statement that the party's address as it appears in the Contested Case Coordinator's and the Agency's files, and to which the Notice of Hearing has been sent, will be the address used throughout the proceeding. A party whose address changes must immediately notify the Contested Case Coordinator, with copies to all other participants; otherwise, the Contested Case Coordinator, the Forum, and the Agency will presume the address on file to be correct. Statutory/Other Authority: ORS chapter 183, ORS 651.060, ORS 279C.808, ORS 652.332, ORS 653.065, ORS 658.407, ORS 658.820 & ORS 659A.805 Statutes/Other Implemented: ORS 279C.865, ORS 652.332 & ORS 659A.850 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0056 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 8-1986, f. & ef. 9-2-86
839-050-0120 Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding The claimant, complainant or aggrieved person may have counsel present at the contested case hearing; however, counsel's participation is limited to rendering advice to counsel's client. Such counsel may not file motions, make objections, examine or cross-examine witnesses or make legal argument, except that such counsel may assert privilege for counsel's client at any point in a contested case proceeding and may participate fully in any deposition of counsel's client. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 4-2002, f. 2-14-02, cert. ef. 2-15-02 BLI 2-2000, f. & cert. ef. 1-27-00 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0058 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 8-1986, f. & ef. 9-2-86
839-050-0130 Responsive Pleadings (1) A party filing a written request for a hearing must file a written response, referred to as an "answer," to the allegations in the charging document. The answer must be sent to the address indicated on the charging document. A party served with a Notice of Hearing and Formal Charges must file with the Contested Case Coordinator, at the address indicated on the Notice of Hearing, an answer to the allegations in the Formal Charges. (2) The answer must include an admission or denial of each factual matter alleged in the charging document and a statement of each relevant defense to the allegations. A general denial is not sufficient to constitute an answer. An answer not including the information required by this rule may be disregarded and a notice of default may be issued in accordance with OAR 839-050-0330, as if no answer had been filed. (3) Except for good cause shown to the Administrative Law Judge, factual matters alleged in the charging document and not denied in the answer will be deemed admitted by the party. The failure of the party to raise an affirmative defense in the answer is a waiver of such defense, except as provided in OAR 839-050-0140(3). Any new facts or defenses alleged in the answer will be deemed denied by the Agency. Evidence will not be taken at the contested case hearing on any factual or legal issue not raised in the charging document or the answer as originally filed or as amended pursuant to OAR 839-050-0140. (4) Except as may be otherwise provided in subsections (5), (6) and (7) of this rule, a party must file an answer within 20 days after service of the charging document. (5) ORS 652.332 provides administrative procedures for wage claim collection. (6) A party must file an answer within 60 days after service of the charging document if that document proposes to deny a license. (7) A respondent or aggrieved person named in a complaint filed under ORS 659A.145 or 659A.421 or discrimination under federal housing law must file any election to have the matter heard in circuit court under ORS 659A.885, within 20 days after service of Formal Charges. Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4) Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845, 659A.850 & 659A.870 History: BLI 8-2019, amend filed 07/01/2019, effective 07/01/2019 BLI 5-2014, f. & cert. ef. 4-15-14 BLI 12-2010, f. 3-1-10, cert. ef. 3-3-10 BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04 BLI 2-2000, f. & cert. ef. 1-27-00 BL 12-1996, f. & cert. ef. 12-10-96 BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0060 BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93 BL 10-1988, f. & cert. ef. 6-16-88 BL 4-1987, f. 2-11-87, ef. 2-13-87 BL 8-1986, f. & ef. 9-2-86