justicedao/ipfs_state_laws huggingface dataset:
839-003-0050 Administrative Dismissal: 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). Administrative dismissal of a housing discrimination complaint is addressed in OAR 839-003-0215. (2) The division will dismiss the complaint if it determines that the bureau has no jurisdiction over the allegations of the complaint. (3) The division may dismiss the complaint if the aggrieved person files a proceeding, based on the same set of facts, with another state or federal agency having the authority to provide remedy to the aggrieved person for the alleged discrimination. (4) If an aggrieved person or the aggrieved person’s attorney fails to cooperate with the division, the division may dismiss the complaint. (5) The aggrieved person must notify the division in writing of address and telephone number changes. When an aggrieved person cannot be located by reasonable efforts, the division may dismiss the complaint. (6) The division will dismiss a complaint unless substantial evidence of unlawful discrimination is found. Such dismissal notice will include a statement that the complaint has been dismissed and a notice of the aggrieved person’s right to file a civil action, if such right exists. (7) The division will dismiss complaints alleging violation of federal discrimination statutes administered by EEOC (see OAR 839-003-0015) in accordance with federal requirements. (8) The division may elect to administratively dismiss a complaint without investigation. In such instances, the division will notify the aggrieved person and respondent of the dismissal and issue notice of the aggrieved person’s right to file a civil action, if such right exists. (9) The division will dismiss a complaint if it learns that the aggrieved person has filed a civil action alleging the same matters, as provided in OAR 839-003-0020. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 30.680, 659A.835, 659A.850 & 659A.870 - 659A.885 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
839-003-0055 Conciliation Agreements Prior to Completion of the Investigation As used in enforcing ORS chapter 659A, including housing discrimination under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a): (1) The division encourages aggrieved persons and respondents to resolve complaints by mutual agreement at any time. The division will facilitate settlement negotiations between the aggrieved person and respondent, as provided in this rule, at any time during the investigation. (2) If the aggrieved person and respondent agree upon settlement, the division will draft a settlement agreement that states: (a) That a "no fault" settlement has been reached; (b) That the aggrieved person, the respondent and the Civil Rights Division accept the terms of the agreement as a resolution of the complaint; (c) The specific action(s) the aggrieved person and respondent will take as a result of the complaint settlement and the time within which the action(s) will be taken; and (d) That the division may investigate any alleged breach of the agreement. (3) The settlement agreement will not include release language that applies to any forum other than the Civil Rights Division. (4) The aggrieved person, the respondent and a representative of the division will sign the division's settlement agreement. Upon execution of this agreement, the division will notify the aggrieved person and respondent that the complaint is dismissed. The aggrieved person and respondent will receive copies of the signed agreement. (5) The division may allow the aggrieved person and the respondent to enter into a private agreement with release language in addition to the division's agreement. The division will not be a party to nor enforce private agreements and they do not become part of the agency record. (6) Nothing in these rules is intended to preclude private settlement between the aggrieved person and the respondent. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.835, 659A.840 & 659A.850 History: BLI 10-2016, f. & cert. ef. 11-8-16 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 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08 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
839-003-0070 Settlement Process After Substantial Evidence Determination: 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). The settlement process after a substantial evidence determination in housing discrimination complaints is addressed in OAR 839-003-0225. (2) If the division finds substantial evidence of unlawful practices, the division may seek to eliminate the effects of the unlawful discriminatory act(s) by conference, settlement and persuasion. The division will facilitate settlement negotiations between the aggrieved person and respondent as provided in OAR 839-003-0055. (3) If no settlement agreement is reached in the period of time set aside for settlement after a substantial evidence determination, the division retains the discretion to further negotiate settlement, administratively dismiss the complaint, or proceed to a contested case hearing. (4) The aggrieved person may withdraw the aggrieved person’s own complaint at any time. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.835 & 659A.840 History: BLI 10-2016, f. & cert. ef. 11-8-16 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
839-003-0080 Access to Records in Investigative Files (1) Investigatory information relating to any complaint filed under ORS 659A.820 or 659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final order is issued under ORS 659A.850, is exempt from disclosure under Oregon Public Records Law (ORS 192.410 to 192.505) unless the public interest requires disclosure in the particular instance, as determined by the division. (2) Section (1) of this rule applies to all records in the investigative file of a complaint other than the complaint document. (3) Notwithstanding sections (1) and (2) of this rule, an aggrieved person, respondent or witness interviewed by the division may request a copy of the summary report of the individual's own interview, and may request to inspect or receive copies of records that the individual has given to the division. (4) After a complaint is closed, any person may request to inspect or obtain a copy of the file as provided under Oregon Public Records Law by following the procedures set out by the division in the case closing letter, or by following the procedures for requesting public records as set out on the Bureau of Labor and Industries’s web site at http://www.oregon.gov/boli/Pages/Public-Records-Requests/Landing.aspx. (5) The division will not disclose information prohibited from disclosure by ORS 659A.840(6) or by any other state or federal law or under any contractual agreement between the bureau and federal, state and local agencies. (6) An aggrieved person’s or respondent's designation of information as confidential will not supersede the Oregon Public Records Law. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 192.440(3) & 192.501(8) History: BLI 9-2015, f. & cert. ef. 6-29-15 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 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08 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
839-003-0085 Subpoenas As used in enforcing ORS chapter 659A, including housing discrimination under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a): (1) The commissioner or the commissioner's designee may issue a subpoena to require: (a) The presence and testimony of witnesses; (b) The production of evidence, including but not limited to books, records, correspondence or documents in the possession or under the control of the person subpoenaed; and (c) Access to evidence to be examined or copied. (2) If any person fails to comply with a subpoena issued under this rule, the commissioner may initiate the legal procedures necessary to enforce compliance. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.800(4) 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
839-003-0095 Enforcement of Settlement Agreements and Orders: 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). Enforcement of settlement agreements and orders in housing cases is addressed in OAR 839-003-0240. (2) The commissioner or any person aggrieved by the violation of the terms and conditions of any settlement agreement may file a civil action or an action for a writ of mandamus alleging breach of a settlement agreement to which the division is a party as provided under ORS 659A.840 and 659A.860 in the manner provided by ORS 659A.885(3) for unlawful practices. (3) The commissioner and any person aggrieved by the violation of the terms and conditions of a cease and desist order issued by the commissioner whether by a respondent or by any agent or successor in interest of the respondent, may bring a civil action in the manner provided by ORS 659A.885 (3) and recover the same relief as provided by ORS 659A.885 (3) for unlawful practices. (4) An aggrieved person may also file a complaint with the commissioner to seek enforcement of a settlement agreement to which the division is a party, within one year after the act or omission alleged to be a violation of the agreement. The commissioner will process the complaint in the same manner as provided for a complaint filed under ORS 659A.820. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.850, 659A.860 & 659A.865 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
839-003-0100 Commissioner’s Complaint: 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). Commissioner’s complaints of housing discrimination are addressed in OAR 839-003-0245. (2)The commissioner of the Bureau of Labor and Industries may make, sign and file a complaint whenever the commissioner has reason to believe that any person or group of persons has been denied rights due to an unlawful practice or employment practice. The complaint will be processed in the same manner as any other complaint filed under OAR 839-003-0025. (3) The commissioner may identify an aggrieved person or persons in a commissioner’s complaint, by name, pseudonym or by general description as being aggrieved by an alleged unlawful practice or otherwise similarly situated to a person eligible to file a complaint under ORS 659A.820. (4) Any cease and desist order issued in a proceeding in which the commissioner filed a complaint may, in addition to any other action authorized by law, include remedies for an aggrieved person or persons. (5) In the matter of concurrent complaints, nothing in these rules will be construed to: (a) Require or prohibit the filing of a commissioner's complaint involving the same or similar issues or allegations stated in any other complaint filed with the division or circuit court by an individual under ORS 659A.820, 659A.825, or 659A.885; (b) Require or prohibit the continued processing or initiation of a commissioner's complaint in the event that a complaint filed with the division or circuit court by an individual under ORS 659A.820, 659A.825, or 659A.885, is resolved or dismissed, with or without remedy to the individual; or (c) Alter or limit an individual's private right of action provided under ORS 659A.870 to 659A.885. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.800 - 659A.865 History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 13-2013, f. & cert. ef. 12-30-13 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 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 11-1986, f. & ef. 10-29-86 BL 7-1985(Temp), f. & ef. 10-17-85
839-003-0205 Amending a Housing Discrimination Complaint (1) The division may amend a complaint to correct technical defects, to add additional persons as respondents and to add additional information found during the investigation of a complaint, including new factual allegations. 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 citation errors. (2) Within 10 days after identifying an additional person who will named as a respondent, the division will serve the person with a copy of the complaint that identifies the alleged discriminatory housing practice and a notice that advises the person of the procedural rights and obligations of the person, including the person’s right to file an answer to the complaint. (a) Such notice, in addition to meeting the requirements of subsection (1)(a), will explain the basis for the division’s belief that the person to whom the notice is addressed is properly joined as a respondent. (b) Each respondent may file, not later than 10 days after receipt of notice from the division, an answer to such complaint. (3) 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.145, 659A.421 & 659A.820 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 36-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08
839-003-0210 Withdrawal of a Housing Discrimination Complaint 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. The division will then close the case. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.145 & 659A.421 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 36-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08
839-003-0215 Administrative Dismissal of a Housing Discrimination Complaint (1) The division will dismiss the complaint if it determines that the bureau has no jurisdiction over the allegations of the complaint. (2) If an aggrieved person or the aggrieved person’s attorney fails to cooperate with the division, the division may dismiss the complaint. (3) The aggrieved person will notify the division in writing of address and telephone number changes. When an aggrieved person cannot be located by reasonable efforts, the division may dismiss the complaint. (4) The division will dismiss a complaint unless substantial evidence of unlawful practices is found. The division will provide written notice of such dismissal to the aggrieved person and respondent. (5) The division cannot issue a finding of substantial evidence of discrimination after an aggrieved person has filed a civil action alleging the same matters as provided in OAR 839-003-0235, and the trial for the civil action has commenced. (6) The division will dismiss complaints alleging discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) administered by the U.S. Department of Housing and Urban Development in accordance with federal requirements. (7) The division will notify the aggrieved person in writing of the right to file a civil action in state court, as provided in ORS 659A.870 to 659A.885, when a complaint is dismissed by the division. An aggrieved person filing a civil action against a public body must also file a tort claim notice as required by ORS 30.275. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 30.680, 659A.145, 659A.421, 659A.835, 659A.850 & 659A.870 - 659A.885 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 36-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08
839-003-0225 Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints (1) During the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the division, the division will, to the extent feasible, seek to eliminate the effects of the unlawful discriminatory act(s) by engaging in conciliation, settlement and persuasion. The division will facilitate any settlement negotiations between the aggrieved person and respondent as provided in OAR 839-003-0055. (2) Nothing said or done in the course of settlement discussions concerning a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) may be disclosed under ORS 192.410 to 192.505 (the Oregon Public Records Act) or in any other manner, or used as evidence in a subsequent proceeding under this chapter or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) without the written consent of the persons concerned. (3) If no settlement agreement is reached, the division retains the discretion to further negotiate settlement, administratively dismiss the complaint, or proceed to a contested case hearing. (4) The aggrieved person may withdraw the aggrieved person’s complaint at any time. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.145, 659A.421, 659A.835 & 659A.840 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 36-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08
839-003-0230 Remedies in Housing Discrimination Complaints (1) In cases of unlawful practices in housing, remedy includes, but is not limited to: (a) Rental, lease or sale of real property; (b) Service lost; (c) Expenses or lost benefits attributable to the unlawful practice; (d) Compensation for emotional distress and for impaired personal dignity; and (e) Interest. (2) Settlements of complaints and the awards in commissioner's final orders do not necessarily include all possible remedies named in sections (1) of this rule. Nothing in this rule will be construed to limit or alter the statutory powers of the commissioner to protect the rights of persons similarly situated to the aggrieved person or to order the performance of an act or a series of acts designed to eliminate the effect of any unlawful practice found. (3) The commissioner may order the respondent to eliminate the effects of any unlawful practice found and may require respondent to do one or more of the following: (a) Perform a designated act or series of acts that are calculated to carry out the policy of these rules in order to eliminate the effects of an unlawful practice and to protect the rights of those affected; (b) Take action and submit reports to the commissioner on the manner of compliance with the terms and conditions specified in the commissioner's order or agreement; (c) Refrain from any action prohibited by the order or agreement that would jeopardize the rights of the individuals or groups named in the complaint or would frustrate the purpose and the policy of these rules and relevant statutes. (4) Any person aggrieved by the violation of terms of a settlement agreement signed by a representative of the division, or the commissioner, may file an action for mandamus or injunction or civil action to compel specific performance. (5) Any person aggrieved by a violation of an order issued by the commissioner, or the commissioner, may file an action for mandamus or injunction or civil action to compel compliance. (6) Any person aggrieved by violation of a settlement agreement to which the division is a party, may file a complaint with the commissioner to seek enforcement of the settlement agreement within one year after the act or omission alleged to be a violation of the agreement. The commissioner will process the complaint in the same manner as provided for a complaint filed under ORS 659A.820. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.145, 659A.421, 659A.800, 659A.850, 659A.860, 659A.865 & 659A.885 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 36-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08