Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0220 - Informal Disposition of Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the Agency issues a charging
			 document, a case may be resolved informally by stipulation, agreed settlement,
			 consent order, settlement agreement, or default.
(2) When a charging document involves a
			 license revocation proceeding, informal settlement may be made by written
			 agreement of the parties and the Agency consenting to a suspension, civil
			 penalty, or other intermediate sanction.
(3) Any informal disposition of a contested
			 case, other than by default, must be in writing and signed by the party or
			 parties to the case and the Agency.
(4) A party interested in resolving a case
			 before the contested case hearing should contact the assigned Administrative
			 Prosecutor. Settlement negotiations are not a basis for postponing the hearing
			 and participants should continue to prepare for hearing until they reach an
			 agreement to settle. An agreement to settle is reached when the participants
			 have agreed to resolve all issues of the contested case and have agreed, orally
			 or in writing, to all terms and conditions of the agreement.
(5) When an agreement to settle is reached
			 before the hearing date, the participants will submit a joint written notice to
			 the Forum that includes a detailed synopsis of the substantive terms and
			 conditions of the agreement. The Administrative Law Judge will waive the case
			 summary requirement and cancel the hearing only upon receipt of the written
			 notice of agreement to settle and detailed synopsis of the substantive terms
			 and conditions of the agreement signed by the Administrative Prosecutor and
			 respondent or respondent's authorized representative or counsel, if
			 represented. The participants will file fully executed settlement documents
			 with the Contested Case Coordinator, with a copy to the Administrative Law
			 Judge, within 10 days after submitting written notice of the agreement to
			 settle. If fully executed settlement documents are not filed within that period
			 and no extension of time to submit those documents has been granted, the
			 Administrative Law Judge will set a new hearing date that is at least 14 days
			 after the original hearing date unless the Administrative Law Judge and
			 participants agree to an earlier date. No further cancellations or
			 postponements will be allowed based on a purported settlement and the case
			 summary requirement will not be waived for the rescheduled hearing.
(6) Fully executed settlement documents
			 submitted to the Forum will not contain terms the Agency lacks the authority to
			 enforce or to which the Agency is not a party, such as an agreement by an
			 aggrieved person, claimant, or complainant not to pursue legal action against a
			 respondent other than the claim or complaint being settled.
(7) Fully executed settlement documents
			 submitted to the Forum will not contain provisions requiring the settlement
			 terms to be confidential or requiring an aggrieved person, claimant,
			 complainant, or the Agency to keep the settlement terms confidential.
(8) Participants waive their right to a
			 contested case hearing by their signatures on fully executed settlement
			 documents.
(9) When a contested
			 case is resolved by informal disposition other than default (see OAR
			 839-050-0330), the
			 Administrative Law Judge will incorporate the settlement terms into a Final
			 Order Incorporating Informal Disposition ("FOID"). When an Order of
			 Determination or Notice of Intent has been issued, but a Notice of Hearing has
			 not been issued, the fully executed settlement document may be incorporated
			 into a FOID by an Administrative Law Judge.
(a) The Forum will deliver or mail a copy of
			 a FOID issued by an Administrative Law Judge to each participant and
			 participant's attorney of record.
(b) A FOID is not subject to ORS
			 183.470.
(c) A FOID is not subject to judicial
			 review.
(d) Within 60 days after a
			 FOID is issued, a participant may petition the Bureau of Labor and Industries
			 to set aside the order on the ground that the informal disposition was obtained
			 by fraud or duress.