Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 85 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES UNDER THE OREGON SAFE EMPLOYMENT ACT › Section 438-085-0026 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, unless the context otherwise
				requires, the following definitions apply:
(1) "Act": The Oregon Safe Employment Act
			 (ORS 654.001 to
			 654.295,
			 654.750 to
			 654.780, and
			 654.991).
(2) "Administrative Law Judge": An
			 Administrative Law Judge of the Hearings Division who is a member of the Oregon
			 State Bar.
(3) "Affected Employee":
			 An employee who, in the course and scope of the employee's employment, may be
			 or may have been exposed to a condition or practice described in a Citation,
			 Correction Order or Variance.
(4)
			 "Authorized Representative" means "authorized representative" as used in ORS
			 654.290(2)(d)
			 or "representative of such employees" as used in ORS
			 654.078(2), and
			 includes a bargaining unit representative, or an individual selected by
			 employees who serves as their spokesperson.
(5) "Board": The Workers' Compensation Board
			 created by ORS 656.712.
(6) "Citation": A document issued by OR-OSHA
			 pursuant to ORS 654.071 to allege a violation. A
			 citation may include a notice of penalty and a correction order.
(7) "Contested Case": A dispute in which an
			 request for hearing has been filed.
(8) "Correction Order": A written OR-OSHA
			 order which directs a person to stop an alleged violation within a given period
			 of time. The term also includes a Red Warning Notice posted pursuant to ORS
			 654.082.
(9) "Division": The Workers' Compensation
			 Division of the Department of Consumer and Business Services created by ORS
			 656.708.
(10) "Director": The Director of the
			 Department of Consumer and Business Services.
(11) "Document": Any notice, form, letter or
			 other writing, photograph, audiotape, videotape, or other tangible item
			 relating to a contested case.
(12)
			 "Employee": Any individual, including a minor whether lawfully or unlawfully
			 employed, who engages to furnish services for a remuneration, financial or
			 otherwise, subject to the direction and control of an employer, and includes
			 salaried, elected and appointed officials of the state, state agencies,
			 counties, cities, school districts and other public corporations, or any
			 individual who is provided with workers' compensation coverage as a subject
			 worker pursuant to ORS Chapter 656, whether by operation of law or by election.
See
ORS
			 654.005(5).
(13) "Employer": Any person who has one or
			 more employees, or any sole proprietor or member of a partnership who elects
			 workers' compensation coverage as a subject worker pursuant to ORS
			 656.128.
See
ORS
			 654.005(6).
(14) "Filed": A request for hearing will be
			 considered filed when it is either actually received at any permanently staffed
			 office of the Department of Consumer and Business Services, or when it is
			 mailed if mailing is established by receipt of registered or certified mail
			 bearing the stamp of the United States Postal Service showing the date of
			 mailing. All other documents will be considered filed when mailed to or
			 received by the Hearings Division, whichever occurs first.
(15) "Hearing": A formal, reported proceeding
			 before an Administrative Law Judge of the Hearings Division where the parties
			 to a contested case may present their evidence and arguments on the
			 issues.
(16) "Hearings Division":
			 The Hearings Division of the Board.
(17) "OR-OSHA": The Oregon Occupational
			 Safety and Health Division of the Department of Consumer and Business
			 Services."
(18) "Party": A person
			 named or admitted as a full participant in a contested case. The term includes
			 OR-OSHA, a necessary party to all contested cases under the Act.
(19) "Penalty": The dollar amount proposed in
			 a written notice by OR-OSHA as the Director's assessment against a person for
			 an alleged violation.
(20)
			 "Person": One or more individuals, legal representatives, partnerships, joint
			 ventures, association, corporations (whether or not organized for profit),
			 business trusts, or any organized group of persons, including the state, state
			 agencies, counties, municipal corporations, school districts and other public
			 corporations or subdivisions.
See
ORS
			 654.005(7).
(21) "Presiding Administrative Law Judge":
			 The Administrative Law Judge who presides over and administers the Hearings
			 Division, as provided in ORS
			 656.724.
(22) "Representative": Any individual
			 authorized by a party to represent the party in a contested case.
(23) "Request for Hearing": A written request
			 for a hearing to contest a citation, notice or order issued by
			 OR-OSHA.
(24) "Settlement": A
			 written agreement which, when approved by all parties, will amend the contested
			 OR-OSHA citation, notice or order and dispose of some or all issues in the
			 case.
(25) "Variance": The written
			 authority given by OR-OSHA to an employer to permit the employer to use a
			 specific alternative means or method to comply with the intent of an Oregon
			 occupational safety or health law or rule.
(26) "Violation": The breach of a person's
			 duty to comply with an Oregon occupational safety or health law, rule or
			 order.
(27) "Withdrawal": A party's
			 complete and unconditional abandonment of some or all of its allegations and
			 contentions in a contested case.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025(2)
				  & ORS 654.005