justicedao/ipfs_state_laws huggingface dataset:
438-085-0855 Exhibits (1) Unless otherwise required by the Administrative Law Judge, and not later than 21 days before the hearing, OR-OSHA shall provide to the assigned Administrative Law Judge legible copies of all proposed exhibits, numbered chronologically, earliest first, and indexed. Dated proposed exhibits shall precede those which are undated. Exhibit numbers shall be placed at the lower right corner of each page, except that depositions shall be numbered on the cover page only. OR-OSHA shall also provide to the other parties or their representatives an index of all proposed exhibits and copies of any proposed exhibits not previously provided pursuant to OAR 438-085-0740. Not less than 14 days before the hearing, or within seven days of receipt of the OR-OSHA index, whichever is later, the other parties or their representatives shall provide to OR-OSHA and to the Administrative Law Judge legible copies of any additional proposed exhibits, numbered chronologically and indexed to coincide with OR-OSHA’s exhibits. For example, a proposed exhibit falling chronologically between those OR-OSHA has numbered “6” and “7” shall be designated Exhibit 6A. (2) Unless the Administrative Law Judge determines that exceptional circumstances require that an object or real evidence accompany the record, an accurate description or photograph of the object shall be substituted for it. The party offering the object or real evidence shall be responsible for providing the description or photograph, and for retaining custody of the object until all rights to review have expired. (3) The parties shall offer as exhibits copies of only those portions of each Division of the Oregon Occupational Safety and Health Code upon which they intend to rely or which are otherwise relevant, and which were in effect and/or applicable on the dates pertaining to the issues in the case. In the event the relevant OR-OSHA rule adopts a Federal rule but does not contain the text thereof, a copy of the applicable Federal rule shall also be provided. Statutory/Other Authority: ORS 654.025(2) & 656.726(4) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0860 View of Premises On motion of any party or on the Administrative Law Judge’s own motion, the Administrative Law Judge may, prior to the hearing or during a recess of the hearing for that purpose, view the premises, equipment or processes related to an issue in the case, in order to obtain a better understanding of the testimony. All parties shall be given reasonable notice of, and an opportunity to be present during, a viewing. The Administrative Law Judge shall not consider as evidence in the case the impressions obtained from a viewing. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0865 Opinion and Order of Administrative Law Judge (1) The decision of the Administrative Law Judge in a contested case shall be rendered in a written Opinion and Order, which shall also contain findings of fact and conclusions of law. (2) Except for matters stipulated to by the parties or officially noticed by the Administrative Law Judge, no factual information or evidence that is not made part of the record shall be considered by the Administrative Law Judge in making determinations. (3) The Opinion and Order of the Administrative Law Judge shall be deemed to be a final order of the Board. (4) Each party or, if applicable, a party’s representative shall be mailed or delivered a copy of the Administrative Law Judge’s Opinion and Order, with notice of the party’s right to judicial review by the Court of Appeals as provided in ORS 183.480 to 183.500. Statutory/Other Authority: ORS 183.335 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77 WCB 10-1974, f. 3-19-74, ef. 4-15-74 WCB 5-1973, f. & ef. 12-20-73
438-085-0870 Reconsideration (1) The Administrative Law Judge may withdraw any order for the purpose of reconsideration at any time prior to: (a) The expiration of the period allowed for filing a petition for judicial review, if one has not been filed; or (b) The date set for oral argument before the Court of Appeals on a petition for judicial review, as permitted by subsection (6) of ORS 183.482. (2) Reconsideration may be upon the Administrative Law Judge’s own motion, or upon motion of a party showing error, omission, or misconstruction of a statute or rule. (3) Written notice of reconsideration shall be given by the Administrative Law Judge to all parties. (4) The Administrative Law Judge may affirm, modify or reverse any order that has been withdrawn. Statutory/Other Authority: ORS 183.355 & 656.726(5) Statutes/Other Implemented: ORS 654.025 & 654.078 History: WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98 WCB 2-1982, f. 6-22-82, ef. 8-2-82 WCB 6-1977, f. 5-5-77, ef. 6-1-77
440-001-0000 Notice of Rulemaking (1) Prior to rulemaking to which this rule applies, the Director shall give notice as provided in this rule. This rule applies to rulemaking that carries out any of the following rulemaking authority of the Director: (a) Rulemaking authority under ORS 705.135; (b) Rulemaking authority of the Director other than as provided under ORS 705.135, with respect to the Department as a whole; (c) Rulemaking authority with respect to duties and functions assigned to the Director or the Department by law when the duties and functions are not carried out through an administrative division or staff office created under ORS 705.115. (2) The rulemaking authority to which this rule applies includes, by way of example only, authority under ORS 646.859 which provides for approval by the Department of signs to be posted by auto rental companies, and authority under 293.445, which governs the refund of moneys by agencies. (3) The Director shall give notice of an intended action of rulemaking to which this rule applies: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 prior to the effective date of the intended action as required by ORS 183.335; (b) By mailing, electronic mailing, or delivering copies of the notice to persons on the mailing list established by the Director under ORS 183.335; (c) By mailing, electronic mailing, or delivering copies of the notice to the Associated Press and other members of the media who have requested notification or who the Director determines may have an interest in the subject matter of the proposal; (d) By mailing, electronic mailing, or delivering copies of the notice to persons who the Director determines may have an interest in the subject matter of the proposal. (e) By mailing, electronic mailing, or delivering copies of the notice to the appropriate state legislators as required by ORS 183.335. Statutory/Other Authority: ORS 183.341 & 705.135 Statutes/Other Implemented: ORS 183.335 History: DO 2-2006, f. & cert. ef. 5-9-06 DO 2-2003, f. 8-15-03, cert. ef. 1-1-04 DO 4-2002, f. 10-17-02 cert. ef. 1-1-03 DO 4-1999, f. & cert. ef. 12-10-99 IF 1-1990, f. & cert. ef. 4-19-90 IF 7-1989(Temp), f. & cert. ef. 9-1-89
440-001-0005 Model Rules of Procedure The Model Rules of Procedure, OAR 137-001-0005 through 137-001-0100, in effect on January 1, 2006, as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act are adopted as the rules of procedure for rulemaking actions of the Department of Consumer and Business Services except the Workers' Compensation Board and except as otherwise adopted by an administrative division or staff office of the Department created under ORS 705.115. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedures is available from the Office of the Attorney General or the Department of Consumer and Business Services.] Statutory/Other Authority: ORS 183.341 & 705.135 Statutes/Other Implemented: ORS 183.341 History: DO 1-2006, f. & cert. ef. 2-14-06 DO 2-2004, f. & cert. ef. 11-8-04 DO 4-2002, f. 10-17-02 cert. ef. 1-1-03 DCBS 1-1994, f. & cert. ef. 3-23-94 IF 1-1992, f. & cert. ef. 2-13-92 IF 6-1989, f. & cert. ef. 9-1-89
440-001-9001 Division of Financial Regulation Scope of Authority Whenever any rule, order, document, record or proceeding refers to the Oregon Insurance Division or the Division of Finance and Corporate Securities, the reference is considered to be a reference to the Division of Financial Regulation. The substitution of the Division of Financial Regulation for the Oregon Insurance Division and the Division of Finance and Corporate Securities does not affect any legal rights, responsibilities, or obligations of the Director, Divisions or any licensee or registrant. The substitution of the Division of Financial Regulation for the Oregon Insurance Division and the Division of Finance and Corporate Securities does not affect the rules currently or previously adopted by the Oregon Insurance Division contained in Oregon Administrative Rule chapter 836 or the rules currently or previously adopted by the Division of Finance and Corporate Securities contained in Oregon Administrative Rule chapter 441. Statutory/Other Authority: 705.135 Statutes/Other Implemented: 705.115 History: DO 3-2016, f. & cert. ef. 11-15-16 DO 1-2016(Temp), f. 6-23-16, cert. ef. 6-29-16 thru 12-23-16
440-005-0001 Authority for Rules The director has adopted OAR 440-005-0001 to 440-005-0030 by the director’s authority under ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 and 731.804. Statutory/Other Authority: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804 Statutes/Other Implemented: ORS 192.410 - 192.505 History: IF 2-1990, f. & cert. ef. 6-4-90 IF 1-1989, f. 6-7-89, cert. ef. 6-15-89
440-005-0005 Applicability of Rule OAR 440-005-0001 to 440-005-0030 apply to all public records of the Department of Consumer and Business Services (department), and govern the application of ORS 192.410 to 192.505 to these records. Statutory/Other Authority: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804 Statutes/Other Implemented: ORS 192.410 - 192.505 History: DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94 IF 1-1989, f. 6-7-89, cert. ef. 6-15-89
440-005-0015 Access to Records (1) The director, in carrying out responsibilities under ORS 192 as custodian of public records, shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of the department's duties. (2) Public records of the department may be inspected or examined during the normal working days and hours of the offices of the department at which the records are kept. The inspection or examination shall take place at the main office, a field office, or any other reasonable location designated by the director. (3) Access to and disclosure of the public records are subject to ORS 192.410 to 192.505, 654.120, 697.732, 706.720, 722.419, 731.264, 731.312, 734.650, 734.830, 744.245 and any other references establishing an exemption to disclosure of public records. Statutory/Other Authority: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804 Statutes/Other Implemented: ORS 192.430, 192.440, 192.502, 654.120, 697.732, 706.720, 722.419, 731.264 & 731.312 History: DO 2-2010, f. 4-15-10, cert. ef. 5-1-10 DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94 IF 2-1990, f. & cert. ef. 6-4-90 IF 1-1989, f. 6-7-89, cert. ef. 6-15-89
440-005-0020 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or obtain copies of a public record or information from public records may be made in writing, in person, or by phone. Written requests shall include: (a) Contact information, such as name, mailing address, telephone number, and e-mail address of the requestor. (b) A sufficiently detailed description of the records requested to allow the department to search for and identify records. (2) DCBS will maintain the procedure for making public records request on its Web site: http://www.oregon.gov/ DCBS/Pages/public-records.aspx. The procedure includes a contact person for each division and a list of current fees and charges. Statutory/Other Authority: ORS 192, 656, 697 & 731 Statutes/Other Implemented: ORS 192.430 History: DO 2-2010, f. 4-15-10, cert. ef. 5-1-10 IF 1-1989, f. 6-7-89, cert. ef. 6-15-89
440-005-0025 Payment for Inspection and Copies of Public Records (1) A person who is receiving a copy of a public record or information from a public record shall pay for the department's actual cost for: (a) Staff time necessary to locate and handle the records, to delete material exempt from disclosure and to supervise the inspection by the requester; (b) Producing the copy or the information; and (c) Other supplies or services necessary to furnish the copy or information. (2) If the cost of providing the records is higher than $25, the department will provide a written cost estimate to the requestor. The requestor must confirm whether he or she wants the department to proceed with responding to the request. (3) The director may reduce or waive payment of the fee for access of a public record if the director determines that the reduction or waiver will aid the effective administration of department operations or if the release of the information benefits the general public. (4) The director shall not require payment of fees for the first copy of publications, statutes, administrative rules or public records from public libraries, public educational institutions, or from a federal, state, county or city agency participating in a cooperative program with the department or any company or individual who is the subject of documents such as workers' compensation claim files. (5) The requester shall pay all fees for access of a public record in advance unless later payment is approved by the director. Statutory/Other Authority: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804 Statutes/Other Implemented: ORS 192.440 History: DO 2-2010, f. 4-15-10, cert. ef. 5-1-10 DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94 IF 2-1990, f. & cert. ef. 6-4-90 IF 1-1989, f. 6-7-89, cert. ef. 6-15-89
440-005-0030 Fees and Miscellaneous Charges The director establishes fees and miscellaneous charges in agency policy, reviewed periodically to ensure all charges reflect no more than the actual cost of producing and processing. The department posts current fees and charges on its Web site: http://egov.oregon.gov/DCBS/records_request.shtml. This information is also available by calling or writing the department. Statutory/Other Authority: ORS 192.430, 192.440, 656.726, 697.732, 731.244, 731.282, 731.284 & 731.804 Statutes/Other Implemented: ORS 192.440, 731.282, 731.284 & 731.804 History: DO 2-2010, f. 4-15-10, cert. ef. 5-1-10 DO 2-2003, f. 8-15-03, cert. ef. 1-1-04 DCBS 2-1994, f. 7-8-94, cert. ef. 8-1-94 IF 2-1990, f. & cert. ef. 6-4-90 IF 1-1989, f. 6-7-89, cert. ef. 6-15-89
440-015-0100 Purpose (1) These rules implement ORS 705.135(3). The purpose of these rules is to identify the circumstances under which employees of the Department may or may not become indebted to or hold any interest in an entity subject to the regulation of the Department. (2) These rules also provide for the reporting of such indebtedness or interests by employees for the purpose of preventing or resolving possible conflicts of interest. (3) These rules are in addition to, and not in lieu of, the provisions of ORS Chapter 244, ORS 731.228, and any other statutes, rules, and policies applicable to indebtedness, financial interests, and conflicts of interest of employees of the Department. Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 244 & 705.135 History: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10
440-015-0105 Definitions For the purpose of these rules: (1) “Department” means the Department of Consumer and Business Services. (2) “Director” means the director of the Department. (3) “Designated position” means a position in the Department listed or designated under OAR 440-015-0110(2). Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 244 & 705.135 History: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10
440-015-0110 Indebtedness and Financial Interest of Department Employees (1) Due to the scope of their authority, and to prevent actual and potential conflicts of interest or the appearance of conflicts of interest, certain employees of the Department holding executive and senior management positions, or positions exercising particular regulatory responsibilities, shall not be or become indebted to, or hold a financial interest in, or engage in business transactions with, entities over which those employees exercise regulatory responsibilities. (2) Positions subject to section (1) of this rule include, but are not limited to, the Director, the Deputy Director, and the Administrators and Deputy Administrators of the Building Codes Division, Division of Finance and Corporate Securities, Insurance Division, Occupational Safety and Health Division (Oregon OSHA), and Workers’ Compensation Division. The Director, or division administrators subject to the Director’s approval, may designate additional positions as subject to section (1) of this rule. In determining which positions shall be designated pursuant to this section, the Director or administrator shall consider the scope of the responsibilities assigned to the position and the extent to which employee holding the position could influence the regulation of an entity regulated by the Department. (3) For each designated position, the Director (or administrator, for positions designated by an administrator) shall identify the specific types of entities in which employees holding the position may not hold financial interests or engaged in business transactions, and to which employees holding the position may not become indebted. (4) Any employee holding a designated position shall disclose any financial interests, business transactions or indebtedness prohibited by this rule, and shall come into compliance with this rule not later than 30 days following the effective date of this rule. The Director may grant extensions to prevent undue hardship, and may grant exceptions in the event of unusual circumstances (such as inheritance), subject to such conditions as the Director shall determine. (5) Employees newly hired into a designated position shall disclose any financial interests, business transactions or indebtedness prohibited by this rule, and shall promptly divest themselves of any such interests or indebtedness. The Director may allow such employees a reasonable period to accomplish such divestiture to prevent undue hardship, subject to such conditions as the Director shall determine. (6) Except as provided in this rule, or in ORS 731.228 or any other statutes, rules or policies restricting the indebtedness and interests of employees, and subject to applicable statutes, rules, and policies relating to conflicts of interest and ethics, Department employees may be indebted to or hold a financial interest in an entity regulated by the Department. Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 244 & 705.135 History: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10
440-015-0115 Reporting of Indebtedness and Interests If the director or a division administrator believes that a Department employee is engaged in a conflict of interest, or is in a situation that has the potential of being or of appearing to be a conflict of interest, in violation of the provisions of ORS Chapter 244, ORS 731.228, or any other statutes, rules, and policies applicable to indebtedness, financial interests, or conflicts of interest of employees of the Department, the Director or administrator may require the employee to complete a financial disclosure form prescribed by the Director. The Director or division administrator may also reassign the employee’s duties to eliminate the potential conflict or take any other reasonable actions necessary to resolve the potential conflict. Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 244 & 705.135 History: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10
440-020-0010 Purpose of the Rules The Department of Consumer and Business Services is required by ORS 25.785 to record an applicant’s social security number in order to issue or renew an occupational, professional, recreational or driver license, certification, permit or registration subject to suspension under 25.750 to 25.783. The purpose of these rules is to establish requirements and procedures for requiring the applicant to provide a social security number and requirements for applicants who have not been issued a social security number by the United States Social Security Administration. Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 25.785 History: DO 4-2003, f. 12-31-03, cert. ef. 1-1-04
440-020-0015 Requirements and Procedures (1) Except as otherwise set forth in this rule, no division of the Department of Consumer and Business Services will issue or renew an occupational, professional, recreational or driver license, certification, permit or registration subject to suspension under ORS 25.750 to 25.783 unless an applicant provides his or her social security number on the application or renewal form. The applicant need not provide the social security number on the application for renewal if the applicant’s social security number has previously been provided to the agency and is in the record. (2) If an applicant has not been issued a social security number by the United States Social Security Administration, the Department of Consumer and Business Services will accept a written statement from the applicant to fulfill the requirements of section (1). The applicant need not provide this statement with the application for renewal if the statement has previously been provided to the agency and is in the record. Any written statement submitted must: (a) Be signed by the applicant (b) Attest to the fact that no social security number has been issued to the applicant by the United States Social Security Administration (c) Acknowledge that knowingly supplying false information under this section is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6250. (3) Licenses issued pursuant to OAR chapter 918 are subject to this rule except as otherwise specifically provided in OAR chapter 918. Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 25.278 History: DO 4-2003, f. 12-31-03, cert. ef. 1-1-04
440-045-0010 Authority for Rules The director has adopted OAR 440-045-0010 to 440-045-0030 by the director's authority under ORS 705.135, 656.612, 656.614, and 656.726. Statutory/Other Authority: ORS 705.135 & 656.726 Statutes/Other Implemented: ORS 656.612 & 656.614 History: DO 4-2002, f. 10-17-02 cert. ef. 1-1-03 DO 2-1999, f. 10-1-99, cert. ef. 1-1-00
440-045-0015 Applicability of Rule OAR 440-045-0010 to 440-045-0030 apply to the assessments levied by the director under the authority of ORS 656.612 and 656.614 against insurers' direct earned workers' compensation premiums and the direct earned premium self-insured employers and self-insured employer groups would have paid had they been insured employers in a manner as prescribed in OAR 436, division 085. Statutory/Other Authority: ORS 705.135 & 656.612 Statutes/Other Implemented: ORS 656.612 & 656.614 History: DO 4-2002, f. 10-17-02 cert. ef. 1-1-03 DO 1-2000, f. 10-11-00, cert. ef. 1-1-01 DO 2-1999, f. 10-1-99, cert. ef. 1-1-00