justicedao/ipfs_state_laws huggingface dataset:
808-008-0020 Applicability of Rules; Application of ORS 36.600-36.740 (1) The rules in this division shall apply when: (a) A claim is referred to the Office of Administrative Hearings for arbitration under OAR 808-004-0590; (b) The parties to the arbitration agree that the Landscape Contractors Board may arbitrate a landscape dispute and the agency accepts the dispute for arbitration under ORS 671.703; (c) A timely claim is filed relative to work performed under a contract that contains an arbitration clause specifying that the Landscape Contractors Board shall arbitrate disputes arising from the contract and the agency accepts the dispute for arbitration under ORS 671.703; or (d) Arbitration by the Landscape Contractors Board is ordered by a court under ORS 36.600 or 36.625. (2) Except as otherwise provided in the rules in division 8 of this chapter, an arbitration conducted under this division shall be governed by ORS 36.600 to 36.740, and sections 3 and 31, chapter 598, Oregon Laws 2003. (3) The amendments to the rules in division 8 of this chapter that became effective on or after January 1, 2004 apply only to disputes referred to the Office of Administrative Hearings for an arbitration: (a) On or after January 1, 2004; and (b) Before January 1, 2004, if each party to the dispute files a written consent to the application of these amendments to the arbitration. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 6-2003, f. & cert. ef. 10-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0030 Incorporation of Office of Administrative Hearings Rules (1) The following rules related to the contested case hearings conducted by administrative law judges assigned to the Office of Administrative Hearings are incorporated into these rules by this reference and apply to arbitrations conducted under the rules in this division: (a) OAR 137-003-0590 (Qualified interpreters); and (b) OAR 137-003-0605 (Telephone testimony). (2) In interpreting rules incorporated under section (1) of this rule: (a) "Hearing" in the incorporated rule shall be given the same meaning as "arbitration" in these rules; and (b) "Administrative law judges" in the incorporated rule shall be given the same meaning as "arbitrator" in these rules. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 6-2003, f. & cert. ef. 10-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03
808-008-0040 Arbitration of Disputes Outside Jurisdictional Requirements A dispute involving a landscaping contractor that does not meet timeliness filing or other jurisdictional requirements under this chapter or ORS 671.690 to 671.710 may be arbitrated by the agency only if both parties agree in writing to submit the dispute to the Landscape Contractors Board for binding arbitration. At the discretion of the agency, the agency may refuse to accept a dispute submitted for binding arbitration under this rule. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0051 Application for Judicial Relief An application to the court for judicial relief under the rules in division 8 of this chapter or under ORS 36.600 to 36.740 shall be subject to ORS 36.615. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Ch. 598 & OL 2003 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05
808-008-0060 Appointment of Arbitrator Appointment of arbitrator shall be as provided in ORS 671.703 and shall be subject to a request for a different administrative law judge to act as arbitrator under ORS 183.645 and OAR 471-060-0005. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 & 183.645 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 6-2003, f. & cert. ef. 10-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00,Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0080 Delegation of Duties If the agency refers a dispute to the Office of Administrative Hearings for arbitration under these rules, the duties of the agency under these rules may be carried out through representatives as directed by the Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge, except that the Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge may not perform the duties of the agency under OAR 808-008-0040, 808-008-0100 or 808-008-0440. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0085 Filing and Service of Pleadings and Other Documents (1) Unless otherwise provided by these rules, documents, correspondence, motions, pleadings, rulings and orders filed in an arbitration under these rules shall be filed as follows: (a) With the agency before a claim or dispute is referred by the agency to the Office of Administrative Hearings. (b) With the Office of Administrative Hearings or assigned arbitrator after the agency refers the claim or dispute to the Office of Administrative Hearings and before the arbitrator issues an award. (c) With the agency after the arbitrator issues an award. (2) After the agency refers a claim or dispute to the Office of Administrative Hearings and before the arbitrator issues an award, a person who files a document such as a correspondence, motion, pleading, ruling or order with the Office of Administrative Hearings or arbitrator in an arbitration shall serve copies of the document filed on the parties to the claim or dispute or their counsel if the parties are represented. Service under this section shall be by hand delivery, by facsimile, by email, or by mail. (3) In addition to the requirements of OAR 808-004-0211, after the agency refers the claim or dispute to the Office of Administrative Hearings and before the arbitrator issues an award a party must notify the Office of Administrative Hearings or arbitrator, and other parties to the claim or dispute of any change in the party's address or email address, withdrawal or change of party’s attorney or change of address or email address of the party’s attorney. Statutory/Other Authority: ORS 183.310 - 183.500, ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 183. 671 History: LCB 1-2024, amend filed 06/03/2024, effective 06/03/2024 LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 6-2003, f. & cert. ef. 10-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03
808-008-0090 Request for Contested Case Hearing or Removal to Court (1) If the Office of Administrative Hearings receives a request under OAR 808-004-0590 to conduct the hearing on a claim as a contested case, the Office of Administrative Hearings shall retain jurisdiction over the claim. The Office of Administrative Hearings shall hold the contested case hearing at the time scheduled for the arbitration unless good cause exists to reschedule the hearing date and time. (2) If the Office of Administrative Hearings receives notice under OAR 808-004-0590 that a party to the claim filed a complaint under that rule that requires that the claim be decided in court, the Office of Administrative Hearings shall return the claim to the agency. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03
808-008-0100 On-Site Investigation, Settlement Discussions (1) At the discretion of the agency the arbitration hearing may be preceded by an on-site meeting or settlement discussions. (2) At the discretion of the arbitrator, the arbitration may be preceded by settlement discussions. (3) The arbitrator may request that the agency conduct an on-site meeting prior to arbitration. The agency may grant or deny the request at its discretion. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 5-2003, f. & cert. ef. 8-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0110 Declaration of Damages and Amendment to Declaration of Damages (1) If the party asserting the claim has not previously field a Statement of Claim or declaration under OAR 808-004-0340, 080-004-0540 or 808-004-0550, the party shall file with the agency on a form provided by the agency a declaration of damages stating the amount the party alleges any other party owes the party, together with any supporting documents required by the agency. (2) If the parties to an arbitration have agreed in writing that the arbitration will bind all of them and if any other party to the proceeding asserts a counter claim, the counterclaiming party shall file with the agency on a form provided by the agency a declaration of damages stating the amount that the counterclaiming party alleges any other party owes to the counterclaiming party, together with any supporting documents required by the agency. (3) Notwithstanding section (2) of this rule, a party is not required to file the declaration stating the amount that the party alleges any other party owes the party, if the party alleges only an offset. (4) A party may amend the amount the party alleges another party owes the party by filing an amended declaration of damages. An amended declaration of damages must be delivered to the arbitrator as required by OAR 808-008-0085. An amended declaration of damages filed under this section must be received by the arbitrator no later than 14 days prior to the scheduled date of an arbitration on the matter. (5) An amended declaration of damages filed under section (4) of this rule must be on a form provided by the agency or on a form that substantially duplicates the form provided by the agency. The amended declaration of damages must state the amount alleged to be owed to the party filing the amended declaration by the other party. If the subject of the arbitration is a claim, the amount alleged to be owed must be limited to items of complaint in the Statement of Claim. The amended declaration of damages must be signed by the party filing the amended declaration. (6) An amended declaration of damages making a significant change in the amount a party alleges that another party owes the party may be good cause to postpone the scheduled arbitration under OAR 808-008-0220 if the time left before the arbitration is insufficient to prepare for arbitration on the amended amount. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00
808-008-0120 Time and Place of Arbitration Hearing; Notice The Office of Administrative Hearings shall fix a time and place for the arbitration hearing. The Office of Administrative Hearings l will mail notice of the time and place of the arbitration at least 21 days prior to the arbitration, unless otherwise agreed to by the parties. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0160 Substitution of Arbitrator (1) The agency administrator or a person designated by the agency administrator may substitute another arbitrator at any time before the arbitration hearing begins. (2) If the agency refers a dispute to the Office of Administrative Hearings for arbitration under these rules, the Chief Administrative Law Judge or a person designated by the Chief Law Judge may substitute another arbitrator at any time before the arbitration hearing begins. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0180 Representation by Counsel Any party may be represented at an arbitration by an attorney. A corporation, partnership or other business entity may appear or be represented at an arbitration as provided under ORS 183.457. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0200 Attendance at Hearings Persons having a direct interest in the arbitration are entitled to attend hearings. The arbitrator may require the exclusion of any witness who is not a party during the testimony of other witnesses. The arbitrator shall determine whether any other person may attend the hearing. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0220 Postponement, Recess and Continuance An arbitration may postpone or recess and later continued by the arbitrator. A party requesting a postponement or continuance must show good cause. The arbitrator will determine whether to grant a postponement or continuance. The arbitrator’s determination shall be final. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0260 Recording of Arbitration (1) Unless otherwise agreed by the parties and the arbitrator, the arbitrator must make a recording of the hearing. (2) The agency may dispose of recordings of arbitrations when 90 days have passed after the arbitrator issues an award in the matter. However, if a party files timely exceptions to the award with the court, the agency may not dispose of the recordings of the hearing until the court makes a final determination of the matter. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCCB 3-2007, f. & cert. ef. 8-1-07 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0280 Conduct of Hearing; Authority of Arbitrator (1) An arbitrator may conduct arbitration in such a manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence. (2) The oral hearing may be waived and held by briefs and documents if the parties so stipulate. The arbitrator shall determine whether to grant waiver of oral hearing and that determination shall be final. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0291 Summary Disposition An arbitrator may decide a request for summary disposition of a claim or particular issue: (1) If all interested parties agree; or (2) Upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05
808-008-0300 Arbitration in the Absence of a Party (1) Except as provided in section (2) of this rule, an arbitration may proceed in the absence of a party who, after due notice, fails to appear. An award shall not be made solely on the default of a party. The arbitrator may require the attending party to submit such evidence as the arbitrator may require for the making of an award. (2) Notwithstanding section (1) of this rule, an arbitrator may dismiss a claim without an evidentiary hearing if the party making the claim fails to appear after due notice and without good cause. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0320 Discovery (1) Parties to an arbitration are encouraged to exchange information informally, prior to the hearing. After making reasonable attempts to obtain any of the following, a party may make written request of the arbitrator for an order directing the other party to comply: (a) Production of documents, objects or other information relevant to the dispute; (b) Permission to enter upon private property to inspect improvements relevant to the dispute; or (c) Other forms of discovery. (2) The arbitrator may, at the arbitrator’s discretion, order compliance. This rule does not require discovery. If the arbitrator does order discovery, the arbitrator shall control the methods, timing and extent of discovery. Only the arbitrator may issue subpoenas in support of discovery. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 (3) History: LCB 1-2000, f. & cert. ef. 2-1-00
808-008-0340 Subpoenas; Evidence (1) The arbitrator or an attorney for a party to the arbitration may issue subpoenas for witnesses and documents for the arbitration hearing. (2) The arbitrator shall be the sole judge of the relevance and materiality of the evidence offered. Conformity to legal rules of evidence is not required. (3) The arbitrator may receive and consider any relevant evidence, including evidence in the form of an affidavit, but shall give appropriate weight to any objections made. All documents to be considered by the arbitrator shall be filed with the agency prior to or at the hearing. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0360 Close of Hearings When satisfied that the parties have completed their presentations, the arbitrator shall close the hearing. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0380 Waiver of Right to Object to Noncompliance with These Rules Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state objections prior to the close of the hearing shall be deemed to have waived the right to object. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0400 Services of Notices and Other Communications (1) Communication, including, but not limited to the initial notice of an arbitration hearing directed by the arbitrator, Office of Administrative Hearings, or agency to the last-known address of record shall be considered delivered when deposited in the United States mail (2) If the agency did not serve a contested case notice, referral to the Office of Administrative Hearings or other notice of the dispute by registered, certified or post office receipt secured mail prior to the initial notice of the arbitration hearings, the notice of hearings shall be sent by registered, certified or post office receipt secured mail. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 6-2003, f. & cert. ef. 10-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100 LCB 1-1993, f. & cert. ef. 1-19-93
808-008-0430 Form of Petition to Modify or Correct an Award (1) A petition to modify or correct an award filed by a party to an arbitration under OAR 808-008-0425 shall conform to the following requirements: (a) The petition shall be typed or legibly printed on 8-1/2 by 11" sheets of paper. (b) The first page of the petition shall be titled "Petition to modify or correct an Arbitration Award" and shall show the names of the parties to the arbitration and the party submitting the petition at the top of the page. If the petition is filed in a claim, the first page shall show the claim number. (c) Each page of the petition shall be numbered at the bottom of the page. (d) For each modification or correction sought by petitioner, the following information should be included in the petition: (A) The page or pages that petitioner asks to be modified or corrected; (B) The text that petitioner asks to be modified or corrected; and (C) An explanation or argument supporting petitioner’s request for the modification or correction. (e) The party submitting the petition shall sign and date the petition. The date shall be the date the petition is served on the arbitrator and on the other parties to the arbitration. (2) The arbitrator may refuse to consider a petition that does not substantially meet the requirements of section (1) of this rule. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.673 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05 Reverted to LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04 LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03