reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0130 - Schedule of Civil Penalties for Violations of ORS 653.412 to 653.485

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0140 - Criteria for Determining a Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 30 - PROCEDURAL RULES FOR PUBLIC RECORDS REQUESTS AND PERSONAL SERVICE CONTRACTS › Section 839-030-0000 - Public Records Requests: Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The policy of the State of Oregon gives
			 every person the right to inspect the public records of a public body in this
			 state, as provided in ORS
			 192.314.
(2) These rules govern Bureau of Labor and
			 Industries procedures for processing public records requests.
(3) In any public records matter not governed
			 by these rules, the Commissioner of the Bureau of Labor and Industries will
			 exercise discretion under the law.
(4) As used in these rules:
(a) "Bureau" means the Bureau of Labor and
			 Industries;
(b) "Commissioner"
			 means the Commissioner of the Bureau of Labor and Industries.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 30 - PROCEDURAL RULES FOR PUBLIC RECORDS REQUESTS AND PERSONAL SERVICE CONTRACTS › Section 839-030-0010 - Public Records Requests: Policy, Procedures, Definitions, Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The bureau will
			 make available any public record requested by any person pursuant to ORS
			 192.314, unless the record
			 requested is exempt from disclosure under the provisions of ORS chapter 192 or
			 other applicable law.
(2) Forms for
			 making public record requests may be obtained from the bureau's website or the
			 bureau's Custodian of Records.
(3)
			 Upon receipt of a request for public records, as soon as practicable and
			 without unreasonable delay, bureau staff will respond to the requester
			 acknowledging receipt of the request and advising the requester of one of the
			 following:
(a) The bureau is the custodian of
			 at least some of the requested public records, the form in which the records
			 are available, and that those not exempt from disclosure under ORS
			 192.311 to
			 192.478 will be
			 provided;
(b) The bureau does not
			 possess, or is not the custodian of, the public record;
(c) The bureau is uncertain whether it
			 possesses the public record and will search for the public record and make an
			 appropriate response as soon as practicable; or
(d) More information is needed to fill the
			 request.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 30 - PROCEDURAL RULES FOR PUBLIC RECORDS REQUESTS AND PERSONAL SERVICE CONTRACTS › Section 839-030-0300 - Personal Service Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  651.060(4)
Stats. Implemented: ORS
				  279
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0000 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0010 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
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
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Bureau of
				  Labor and Industries.
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context requires otherwise, the following
				definitions apply to OAR
				839-050-0000 through
				839-050-0445:
(1) "Administrative Law Judge" means the
			 Commissioner or an individual or a special tribunal designated by the
			 Commissioner to preside over any or all aspects of a contested case proceeding
			 including motions, oral or written hearings, preparation of the Proposed Order
			 and assistance in preparation of the Final Order. The Administrative Law Judge
			 may or may not be an employee of the Agency, except that when a case involves a
			 complaint alleging an unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 federal housing law, the Administrative Law Judge or anyone appointed as a
			 hearings officer or member of a special tribunal to hear the matter must be an
			 employee of the Agency.
(2)
			 "Administrative Prosecution Unit" means the section of the Bureau of Labor and
			 Industries handling the administrative prosecution of contested case
			 proceedings.
(3) "Administrative
			 Prosecutor" means the Agency staff person assigned to prosecute contested case
			 proceedings for the Agency and to handle all related matters, but does not
			 include counsel for the Agency.
(4)
			 "Agency" means the Bureau of Labor and Industries and any employee thereof, and
			 includes the bureau when acting as the agent of another governmental entity,
			 but for the purposes of these rules does not refer to the Administrative Law
			 Judge, Contested Case Coordinator, or the Commissioner.
(5) "Aggrieved person"
(a) For the purpose of proceedings involving
			 a complaint alleging an unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 federal housing law, includes, but is not limited to, a person who believes
			 that the person either:
(A) Has been injured
			 by an unlawful practice or discriminatory housing practice; or
(B) Will be injured by an unlawful practice
			 or discriminatory housing practice that is about to occur.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0030 - Service of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0040 - Filing of Documents with the Contested Case Coordinator; Calculation of Time and Filing Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0050 - Timeliness

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0060 - Charging Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0070 - Request for a Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0080 - Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a party
			 makes a timely written request for a contested case hearing, that hearing will
			 be scheduled in accordance with OAR
			 839-050-0070 and the Contested
			 Case Coordinator will issue a Notice of Hearing from the Forum to the
			 participants.
(2) When Formal
			 Charges are issued, the notice of hearing will accompany the Formal
			 Charges.
(3) In civil rights
			 housing cases only, unless an aggrieved person or respondent named in a
			 complaint alleging an unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 federal housing law elects to have the matter heard in circuit court under
			 659A.885 (see 659A.870(4)(b)), a contested case hearing must commence no later
			 than 120 days after Formal Charges are issued. If it is not practicable to
			 commence the hearing within 120 days after Formal Charges are issued, the
			 Administrative Law Judge will include on the Notice of Hearing or in a
			 separately issued document the general reasons for the delay and will schedule
			 the hearing as soon as practicable.
(4) A Notice of Hearing will include:
(a) A statement of the time and place of the
			 hearing, including the statement that the hearing will reconvene on successive
			 business days thereafter until concluded;
(b) A statement of the authority and
			 jurisdiction under which the hearing is to be held;
(c) A reference to the particular sections of
			 the statutes and rules involved;
(d) A short and plain statement of the
			 matters asserted or charged;
(e)
			 The name of the Administrative Law Judge designated by the commissioner to
			 preside over the contested case and whether the Administrative Law Judge is an
			 employee of the Agency; and
(f) A
			 statement indicating whether the case for the Agency will be presented by the
			 Oregon Department of Justice or by an Agency Administrative
			 Prosecutor.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0090 - Location of Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0100 - Information for Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0110 - Representation of a Party in a Contested Case Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any party may be represented by counsel,
			 as that term is defined in OAR
			 839-050-0020(13).
			 At all stages of the contested case proceeding, all government agencies,
			 partnerships, corporations and unincorporated associations must be represented
			 either by counsel, who may perform all functions consistent with representation
			 of a client, or by an authorized representative, subject to the limitations of
			 sections (2) through (6) of this rule.
(2) For purposes of OAR chapter 839, division
			 50, "authorized representative" means a member of a partnership, an authorized
			 officer or regular employee of a corporation, association or organized group,
			 or an authorized officer or employee of a governmental agency.
(3) Before appearing in the case, an
			 authorized representative must provide written authorization for the named
			 representative to appear on behalf of the party or limited party. This written
			 authorization must be provided no later than the time that an answer and
			 request for hearing is filed.
(4)
			 An authorized representative may not present legal argument during the
			 contested case proceeding except to the extent authorized by section 5 of this
			 rule. "Legal argument" includes arguments on:
(a) The jurisdiction of the agency to hear
			 the contested case;
(b) The
			 constitutionality of a statute or rule or the application of a constitutional
			 requirement to an agency;
(c) The
			 application of court precedent to the facts of the particular contested case
			 proceeding.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0120 - Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0130 - Responsive Pleadings

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0140 - Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency may
			 amend its charging document:
(a) At any time
			 before the hearing commences; or
(b) During the hearing, but before the
			 evidentiary record closes, as allowed in (4) and (5) of this rule.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0150 - Motions

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise stated in OAR
				839-050-0050, all pre-hearing
				and post-hearing motions will be submitted in writing to the Administrative Law
				Judge through the Contested Case Coordinator. If the nonmoving participant
				chooses to respond, the nonmoving participant must file a written response to a
				written motion with the Contested Case Coordinator within seven days after
				service of the motion, unless the Administrative Law Judge orders otherwise.
				Motions include but are not limited to the following:
(1) Motion to dismiss: This motion must be
			 based upon:
(a) Lack of jurisdiction over the
			 subject matter or person;
(b)
			 Insufficiency of process or service of process; or
(c) Failure to state a claim upon which
			 relief can be granted; or
(d) The
			 commissioner's discretion to dismiss a complaint pursuant to ORS
			 659A.830(2)(a);
			 or
(e) The requirement pursuant to
			 ORS 659A.830(2)(a)
			 that the commissioner dismiss a complaint filed under ORS
			 659A.820 upon the written
			 request of the person who filed the complaint.
(f) Subsection (e) of this section does not
			 apply to a complaint alleging an unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 federal housing law.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0160 - Disqualification of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Administrative Law Judge may withdraw
			 from a proceeding whenever the Administrative Law Judge determines
			 disqualification to be necessary. Any party to any contested case may claim
			 that the person designated as Administrative Law Judge is prejudiced against
			 any party or counsel or the interest of any party or counsel appearing in such
			 case. Such prejudice must be established by a motion supported by an affidavit
			 establishing that the designated Administrative Law Judge is prejudiced against
			 the party or counsel, or against the interest of the party or counsel, such
			 that the party or counsel cannot, or believes that the party or counsel cannot,
			 have a fair and impartial hearing before the Administrative Law Judge, and that
			 it is made in good faith and not for the purpose of delay. Grounds upon which a
			 motion may be made, or upon which the Administrative Law Judge may determine
			 that disqualification is necessary, include but are not limited to a family
			 relationship with the complainant or claimant or with any party or counsel, or
			 a financial interest in the property or business of any of those individuals.
			 The fact that the Administrative Law Judge is an employee of the Oregon Bureau
			 of Labor and Industries is not a ground for disqualification of the
			 Administrative Law Judge.
(2) The
			 motion and affidavit must be filed together with the Contested Case Coordinator
			 within 14 days after service of the notice of hearing with a copy to all other
			 participants. No motion to disqualify an Administrative Law Judge may be made
			 after the Administrative Law Judge has ruled upon any motion, other than a
			 motion to extend time in the case, or after the hearing has commenced,
			 whichever is earlier.
(3) The
			 Administrative Law Judge will issue a written ruling on the motion for
			 withdrawal or disqualification, setting forth the grounds therefore, within ten
			 days of the receipt of the motion. The ruling will be sent to the commissioner,
			 the Agency, and all parties.
(4)
			 When an Administrative Law Judge has been disqualified, the commissioner will
			 designate another Administrative Law Judge to preside over the contested case
			 proceeding. The Forum will notify the participants of this
			 designation.
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0170 - Joinder of Parties, Claimants, Complainants, or Aggrieved Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Aggrieved
			 persons, complainants, or claimants: Any number of persons may be joined in one
			 proceeding as aggrieved persons, complainants, or claimants if they assert a
			 right to relief arising out of the same or similar transaction(s) or
			 occurrence(s) and if questions of law or fact common to all these persons will
			 arise in the proceeding.
(2)
			 Parties: Any number of persons may be joined in one proceeding as parties if
			 there is asserted against them any right to relief arising out of the same
			 transaction(s) or occurrence(s) or if questions of law or fact common to all
			 these persons will arise in the proceeding.
(3) Intervention by aggrieved persons: An
			 aggrieved person may intervene and be joined as a party in a proceeding in
			 which the Agency has issued Formal Charges alleging violations of ORS
			 659A.145,
			 659A.421, or federal housing
			 law. The procedures set out in OAR
			 137-003-0005 of the Attorney
			 General's Model Rules apply.
(4)
			 The Final Order may find for or against the Agency according to the respective
			 rights of one or more of the aggrieved persons, complainants, or claimants, and
			 for or against one or more of the parties according to their respective
			 liabilities.
(5) Misjoinder of
			 aggrieved persons, complainants, claimants, or parties is not a ground for
			 dismissal of a proceeding. Parties may be added or deleted by order of the
			 Administrative Law Judge upon the motion of any participant, upon the
			 Administrative Law Judge's own motion, or upon the application of any person or
			 entity seeking party or limited party status, at any stage of the contested
			 case proceeding. When necessary to complete disposition of the case, the
			 Administrative Law Judge may postpone the hearing to allow a newly added
			 aggrieved person, complainant, claimant, or party to prepare for the
			 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 &
				  659A.885
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183 &
				  651.060(4)
Stats. Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0190 - Consolidation of Contested Case Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrative Law Judge, on their own motion, or upon
				motion of a party, may order a joint contested case proceeding for two or more
				contested cases over which they are presiding when the Administrative Law Judge
				determines that the cases involve common questions of law or fact. The
				Administrative Law Judge, in conducting the proceeding, may establish
				procedures necessary to avoid additional costs or delay.
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0200 - Discovery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrative Law Judge has the sole discretion to order discovery by a
			 participant in appropriate cases. This rule does not require the Administrative
			 Law Judge to authorize any discovery. If the Administrative Law Judge does
			 authorize discovery, the Administrative Law Judge will control the methods,
			 timing, and extent of discovery, but nothing in this rule prevents informal
			 exchanges of information. When the Administrative Law Judge orders discovery,
			 the Administrative Law Judge will notify the participants of the possible
			 sanction, pursuant to section (11) of this rule, for failure to provide the
			 discovery ordered.
(2) Discovery
			 may include but is not limited to one or more of the following:
(a) Disclosure of names and addresses of
			 witnesses expected to testify at the hearing;
(b) Production of documents;
(c) Production of objects for inspection or
			 permission to enter upon land to inspect land or other property;
(d) Written interrogatories to be served on a
			 participant; and
(e) Requests for
			 admission.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0210 - Case Summary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to any
			 contested case hearing, the Administrative Law Judge may issue a discovery
			 order directing the participants to prepare a case summary due no later than 14
			 calendar days before the hearing date, containing any or all of the following:
(a) A list of all persons to be called as
			 witnesses, including expert witnesses, at the hearing, except that impeachment
			 or rebuttal witnesses need not be included on the witness list;
(b) The qualifications of any expert
			 witnesses and the substance of the facts and opinions to which the experts are
			 expected to testify;
(c)
			 Identification and description of any document or other physical evidence to be
			 offered into evidence at the hearing, together with two copies of any such
			 document, except that evidence offered solely for impeachment or rebuttal need
			 not be identified or furnished;
(d)
			 Statement of any defenses to the claim;
(e) Statement of any agreed or stipulated
			 facts;
(f) Statement, when
			 appropriate, of any applicable agency policies together with, in the discretion
			 of the Agency, any supporting documents or information on which such policies
			 are based.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0230 - Authority of the Administrative Prosecutor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Administrative Prosecutor is
			 authorized by ORS chapter 183 to appear on behalf of and represent the Agency.
			 The Administrative Prosecutor may perform any function not prohibited by this
			 rule.
(2) The Administrative
			 Prosecutor may not present legal argument during the contested case proceeding
			 except to the extent authorized by section 3 of this rule. "Legal argument"
			 includes arguments on:
(a) The jurisdiction of
			 the agency to hear the contested case;
(b) The constitutionality of a statute or
			 rule or the application of a constitutional requirement to an agency;
(c) The application of court precedent to the
			 facts of the particular contested case proceeding.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0240 - Responsibilities of the Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner delegates Proposed Order
			 Authority to Administrative Law Judges employed by the Agency as hearings
			 officers and those persons who are appointed to preside at particular hearings.
			 The commissioner delegates to such designee the authority to:
(a) Rule on all motions filed prior to the
			 hearing.
(b) Issue subpoenas and
			 otherwise oversee the discovery process in a manner consistent with rules
			 relating to these powers.
(c) Hold
			 appropriate conferences, if necessary, before or during the course of the
			 hearing to discuss the conduct of the proceedings or the issues to be
			 presented.
(d) Regulate the course
			 of the hearing, including scheduling, reconvening, and adjourning.
(e) Maintain order during the course of the
			 hearing, including the authority to expel persons whose conduct is
			 disruptive.
(f) Make rulings on
			 motions or evidence, with or without objection, during the hearing.
(g) Question witnesses at the hearing and set
			 time limitations for argument or presentation.
(h) Limit or extend filing periods.
(i) Decide procedural matters, but not grant
			 motions for summary judgment or other motions by a party that involve final
			 determination of the proceeding, but to issue a Proposed Order as provided for
			 in these rules. Nothing in this section may be construed to prohibit the
			 Administrative Law Judge from making a routine disposition of a hearing
			 proceeding based on a settlement, on the Agency's withdrawal of the charging
			 document, or on other reasons not requiring a Final Order by the
			 commissioner.
(j) Prepare a
			 Proposed Order at the conclusion of the contested case hearing and cause it to
			 be served by the Contested Case Coordinator on the Agency, the commissioner,
			 and all parties to the case; and at the request of the commissioner, assist in
			 responding to any exceptions and the preparation of the Final Order.
(k) Take any other action consistent with the
			 duties of an Administrative Law Judge.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0250 - Conduct of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The hearing will be conducted by and under the control of the
				Administrative Law Judge.
(1) The
			 Administrative Law Judge will open the hearing with a brief introduction of the
			 Agency, the parties and issues, including all information required by ORS
			 183.413(2) and
			 183.415(7).
(2) Each participant may be given an
			 opportunity to make an opening statement describing the evidence and issues to
			 be presented at the hearing.
(3)
			 The Administrative Prosecutor will present evidence in support of the charging
			 document.
(4) Any person,
			 government agency, or entity granted party status may present additional
			 evidence in support of the charging document.
(5) Each party opposing the charging document
			 must present evidence in support of the party's position.
(6) Participants will have the right to
			 conduct cross-examination of adverse witnesses.
(7) Participants may present rebuttal
			 evidence.
(8) Participants may be
			 given the opportunity to make a closing statement at the conclusion of the
			 testimony.
(9) The Administrative
			 Law Judge has the right to question any witness. The Administrative Law Judge
			 may request any participant to provide additional evidence, and may recess the
			 hearing when necessary to allow the participant the opportunity to gather and
			 present the requested evidence.
(10) In any proceeding the Administrative Law
			 Judge may call the participants together for a pre-hearing conference in order
			 to ascertain what is disputed, hear argument on motions, order discovery, or
			 resolve procedural matters. At any time during the hearing, the Administrative
			 Law Judge may recess the hearing in order to conduct such a conference. The
			 results of any conference will be summarized on the record, except that
			 argument on motions will be recorded verbatim.
(11) When the testimony of a witness not
			 present at the hearing is necessary to the complete and fair adjudication of
			 the case, the Administrative Law Judge may admit testimony of the witness by
			 telephone or other two-way communication device. In such cases:
(a) The testimony of the witness will be
			 broadcast simultaneously to all participants and to the Administrative Law
			 Judge;
(b) All rules governing the
			 questioning of witnesses present at the hearing apply to witnesses whose
			 testimony is taken by telephone; and
(c) The participant presenting the witness by
			 telephone will provide the witness's telephone number and the approximate time
			 that the witness will be available.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0255 - Telephone Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 "telephone hearing" is one in which at least one participant is not physically
			 present at the hearing but participates by telephone or other two-way
			 communication device.
(2) The
			 Administrative Law Judge has the discretion to hold a hearing or portion of a
			 hearing by telephone. Nothing in this rule precludes the Administrative Law
			 Judge from allowing some parties or witnesses to attend by telephone while
			 others attend in person.
(3) The
			 Administrative Law Judge may direct that a hearing be held by telephone upon
			 request or on the Administrative Law Judge's own motion.
(4) Fourteen days before the telephone
			 hearing is scheduled to occur each participant must file with the Contested
			 Case Coordinator and serve each other participant copies of documentary
			 evidence that it will seek to introduce into the record and a list of all
			 persons to be called as witnesses.
(5) The Administrative Law Judge may refuse
			 to admit evidence not filed and served as required by section (4) of this rule,
			 unless the participant that failed to provide the documentary evidence and the
			 list of witnesses offers a satisfactory reason for having failed to do so or
			 unless excluding the evidence would violate the duty to conduct a full and fair
			 inquiry under ORS 183.417(8). If
			 the Administrative Law Judge admits evidence that was not filed and served as
			 required, the Administrative Law Judge may grant a continuance to allow an
			 opportunity for the other participant(s) to respond.
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