reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0260 - Order Dismissing a Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the agency dismisses a claim because the claimant did not allow the person
			 against whom the claim was filed to be present at any on-site investigation
			 made by the board, or because the claimant does not permit the person against
			 whom the claim was filed to comply with recommendations made by the board
			 through the mediation process, the dismissal of the claim is an order in other
			 than a contested case.
(2) Before a
			 claim is dismissed, the agency shall, in writing, provide the claimant an
			 opportunity, to offer evidence that the basis for dismissal was due to
			 excusable neglect. An order to dismiss a claim shall be made in writing and
			 issued to the claimant and the person against whom the claim was
			 filed.
(3) The agency may determine
			 not to dismiss a claim closed under this rule if the claimant, within 30 days
			 of the Board offering the claimant an opportunity to demonstrate excusable
			 neglect, provides the board with evidence that the cause of the claimant's
			 failure to allow the person against whom the claim was filed to be present at
			 any on-site investigation or failure to permit the person against whom the
			 claim was filed to comply with recommendations made by the board through the
			 mediation process was due to excusable neglect by the claimant.
Stat. Auth.: ORS
				  670.310 &
				  671.703
Stats. Implemented: ORS
				  183.480 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0300 - Filing Date of Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 claim shall be deemed to have been filed when a Statement of Claim is received
			 by the agency that:
(a) Is in substantial
			 compliance with OAR 808-004-0340; and
(b) Contains information that is sufficient
			 to identify the claimant and respondent.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0310 - Notice Required by ORS 671.700

Current through Register Vol. 63, No. 7, July 1, 2024
A Statement of Claim in compliance with OAR
				808-004-0340 filed with the
				agency is notice of the claim for purposes of ORS
				671.700.
Stat. Auth.: ORS 183,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.700
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0320 - Jurisdictional Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claim
			 must be of a type described under ORS
			 671.690(2) &
			 (3), OAR
			 808-002-0220 and ORS
			 671.695.
(2) A claim may be accepted for negligent or
			 improper work for the following activities performed or contracted to be
			 performed on or after January 1, 2012:
(a)
			 Backflow assembly testing services provided by employees of the landscape
			 contracting business who are certified under ORS
			 448.279; and
(b) The installation, repair or maintenance
			 by the landscape contracting business of backflow assemblies for irrigation
			 systems and ornamental water features as described in ORS
			 447.060; and
(c) The installation by the landscape
			 contracting business of landscape irrigation control wiring and outdoor
			 landscape lighting as described in ORS
			 479.940.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0340 - Form of Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claim must
			 be submitted on a Statement of Claim form provided by the agency. The agency
			 may require the use of the most recent revision of the Statement of Claim
			 form.
(2) The claimant must provide
			 the following information with the Statement of claim, if applicable:
(a) The name, address, and telephone number
			 of the claimant;
(b) The name,
			 address, telephone number and license number of the landscaping
			 business;
(c) The amount, if known
			 at the time the Statement of Claim is filed, that the claimant alleges is due
			 from the landscaping business after crediting payments, offsets, and
			 counterclaims in favor of the landscaping business to which the claimant
			 agrees;
(d) Identification of the
			 type of claim as defined in OAR
			 808-002-0220;
(e) The date on which the contract was
			 entered into;
(f) If the contract
			 was in writing, a copy of the contract with attached material invoices, time
			 sheets, or other relevant attached documents;
(g) Job site address with driving directions
			 to the job site;
(h) The beginning
			 and ending date of the work or invoices;
(i) Payments, offsets, and counterclaims of
			 the landscaping business, if known, to which the claimant does not
			 agree;
(j) A certification by the
			 claimant that the Statement of Claim is true;
(k) A copy of any court judgment or
			 arbitration award, including the original complaint and any answers or
			 counter-suits related to the work that is the subject of the claim;
			 and
(l) Additional information
			 required under sections (3) through (8) of this rule.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0350 - Procedure if Information on Statement of Claim is Incomplete

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may refuse to accept a claim if:
(1) The Statement of Claim does not meet the
			 requirements of OAR 808-004-0340; and
(2) The claimant fails to provide the missing
			 information in response to a written request from the agency for the
			 information within 30 days.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0360 - Addition of Claim Items

Current through Register Vol. 63, No. 7, July 1, 2024
Effective January 1, 2017, if the agency conducts mediation or
				holds an on-site meeting, the claimant may add new claim items up to and
				through the mediation process or initial on-site meeting, whichever is latest.
				Agency staff will determine the completion date of the mediation process. New
				items added to a timely filed claim under this rule are considered timely
				filed.
Statutory/Other Authority: ORS
				  670.310 &
				  671.760
Statutes/Other Implemented: ORS
				  671.700 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0400 - Initial Administrative Processing of Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a claim, the agency shall
(a) Make a preliminary determination that the
			 board has or lacks jurisdiction over the claim based on the information
			 provided by the claimant;
(b)
			 Verify that claimant has provided information required under OAR
			 808-004-0340 and request
			 additional information from claimant if necessary:
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0420 - Processing Owner and Primary Contractor Claim Together

Current through Register Vol. 63, No. 7, July 1, 2024
If a claim based on the same facts and issues is received at
				any time during the processing of a primary contractor claim or a homeowner
				claim, the two claims will be processed together.
Stat. Auth.: ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0440 - Contracts With Mediation or Arbitration Agreements - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) If a claim is received in the LCB office
			 that is based upon a previously signed contract containing an agreement by the
			 parties to privately mediate or arbitrate (in a binding process - meaning the
			 disputants are forgoing access to all other dispute resolution processes
			 including that provided by the LCB) disputes arising out of the previously
			 signed contract, and the previously signed contract's terms included the
			 consumer advisory language required by OAR
			 808-002-0020(2)(k),
			 then the specific terms of the private binding mediation or arbitration
			 agreement supersede agency rules related to the agency's claims process and the
			 agency may not accept the claim because the parties have contracted to entirely
			 forgo access to the agency process.
(b) If the required binding private mediation
			 or private arbitration has yet to commence, and the claimant still wishes to
			 pursue a claim with the agency, the agency must inform the claimant by written
			 notice that the agency will not accept the claim unless it receives, within 60
			 days of the date of the notice and prior to the commencement of any private
			 binding mediation or arbitration process, a written waiver of the private
			 binding mediation or arbitration requirement, set forth in the contract that
			 was previously signed by the claimant and respondent, signed by the claimant
			 and the respondent.
(c) If the LCB
			 receives, within 60 days of the date of its notice, and prior to the
			 commencement of any private binding mediation or arbitration process, a written
			 waiver of the private binding mediation or arbitration process documented in
			 the contract previously signed by the claimant and respondent, and the waiver
			 is signed by the claimant and the respondent, then the LCB may accept the claim
			 into the LCB claims process.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0450 - On-site Meeting and Attendance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the parties agree to agency mediation,
			 the agency may schedule an on-site meeting among the parties for the purpose of
			 discussion of a mediation settlement of a claim and investigation of the claim.
			 The agency shall mail notice of the meeting no less than 14 days prior to the
			 date scheduled for the meeting.
(2)
			 If the agency schedules an on-site meeting, the following apply:
(a) The claimant must allow access to the
			 property that is the subject of the claim.
(b) The claimant or an agent of the claimant
			 must attend the meeting. An agent of the claimant must have knowledge of all
			 claim items included in the claim and must have authority to enter into a
			 mediation settlement of the claim. The agency may waive the requirement that an
			 agent have authority to enter into a settlement of the claim if there is
			 evidence that the respondent will not attend the on-site meeting.
(c) The claimant must allow the respondent to
			 be present at the on-site meeting as required under ORS
			 671.703.
(d) The individual landscape construction
			 professional whose phase of license is the basis for the landscape contracting
			 business license and who supervised the project must attend the meeting as
			 required by OAR 808-003-0018.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0460 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415, ORS
				  183.460 & ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0480 - Resolution by Settlement and Construction of Settlement Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may
			 present a mediation settlement proposal to the claimant and respondent for
			 their consideration and agreement at an on-site meeting conducted under OAR
			 808-004-0450.
(2) If the claimant and respondent sign a
			 mediation settlement agreement, the agreement shall be binding upon each party
			 unless breached by the other.
(3)
			 Mediation settlement agreements may be considered by the agency to be
			 substituted contracts and damages may be based on the settlement.
(4) If at any time during the processing of
			 the claim, the claimant accepts a promissory note from the respondent or other
			 compromise as settlement of the claim, the agency may consider the agreement to
			 be a substituted contract, and base the continued processing of the claim on
			 the substituted contract.
Stat. Auth.: ORS 183,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  183.415,
				  183.460 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0500 - Closure of Claim After Settlement

Current through Register Vol. 63, No. 7, July 1, 2024
If claimant and respondent agree to a mediation settlement, the
				following apply:
(1) The agency shall
			 notify the claimant that the claimant must notify the agency in writing whether
			 the terms of the settlement have been fulfilled within 30 days of the date
			 shown on the mediation settlement for completion of the terms of the
			 settlement.
(2) If the claimant
			 notifies the agency that the terms of the mediation settlement agreement have
			 been fulfilled, or fails within 30 days to notify the agency that terms of the
			 mediation settlement have not been fulfilled, the agency shall consider the
			 claim satisfied.
(3) If the
			 claimant notifies the agency within 30 days of the date shown on the mediation
			 settlement for completion that the terms of the mediation settlement have not
			 been fulfilled, the agency shall make inquiry, investigation, or both into what
			 is alleged not to have been fulfilled.
(a) If
			 the agency agrees that those terms have not been fulfilled, the agency may
			 provide the respondent an opportunity to fulfill the terms and forward the
			 claim to the board for issuance of an order for award of damages if the terms
			 remain unfulfilled for a period of time determined by the agency, or may
			 forward the claim directly to the board for issuance of an award for
			 damages.
(b) If the agency
			 determines those terms have been fulfilled, the agency may consider the claim
			 satisfied.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0510 - Court Judgments and Other Authorized Entity Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule a "court judgment, arbitration award or other entity determination" means
			 a judgment, award or determination by a court, arbitrator or other entity, as
			 that phrase is defined in Division 2 of this chapter.
(2) The agency may not issue an order for the
			 payment of a court judgment, arbitration award or final order from a bond or
			 letter of credit or deposit unless the claim was
(a) timely filed with the agency,
(b) that claim is regarding the same matter
			 that resulted in the judgment, final order or award; and
(c) the board is able to determine from
			 review of the pleadings and ultimate form of judgment, final order or award the
			 individual amounts, or sum total amount, awarded for an item or collection of
			 items, set forth in the claim filed with the Board that are within the Board's
			 jurisdiction.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0520 - Processing of Claim Submitted to Court, Arbitrator or Other Entity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Court,
			 arbitrator or other entity" has the meaning given that phrase in Division 2 of
			 this chapter.
(2) The agency may
			 suspend processing a claim if:
(a) Either
			 party transfers a claim to a court, arbitrator or other entity, to address the
			 same facts and issues contained in the statement of claim filed against
			 Respondent, including but not limited to suits based on breach of contract,
			 negligence or incompetence, damages, a complaint for declaratory judgment,
			 another complaint that arises from the contract or work that is the subject of
			 the claim, and suits to foreclose a lien involving the same contract at issue
			 in the claim; or
(b) The agency
			 requires the claimant to submit the claim to a court of competent jurisdiction
			 because the agency determined that a court is the appropriate forum for the
			 adjudication of the claim due to the nature or complexity of the
			 claim.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0530 - Construction Lien Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a
			 construction lien claim to be accepted, the following conditions must be met:
(a) The claimant must have paid the
			 respondent in full for the landscape job or paid in full for the materials
			 supplied or equipment rented and the landscape contracting business must have
			 failed to pay the subcontractor or material or equipment supplier, thereby
			 causing the subcontractor or material or equipment supplier to file a lien
			 against the claimant's property;
(b) The lienor must have delivered to the
			 claimant a "Notice of the Right to Lien" as specified in ORS
			 87.018,
			 87.021 and
			 87.025; and
(c) The lienor must have filed the lien with
			 the recording officer of the county in accordance with ORS
			 87.035.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0540 - Establishing Monetary Damages, Issuing Proposed Default Order or Referring Claim for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
If the claimant seeks monetary damages or the agency so
				requests, the claimant shall file a declaration of damages stating the amount
				the claimant alleges the respondent owes the claimant, limited to claim items
				listed in the Statement of Claim. The agency may require the claimant to
				submit, in support of the amount alleged:
(1) One or more estimates from licensed
			 landscape contracting businesses for the cost of correction of each of the
			 claim items; or
(2) Other basis for
			 monetary award.
Stat. Auth.: ORS 183,
				  670.310,
				  671.670
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  183.470,
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0550 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  183.415,
				  183.460 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0560 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.415, ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0590 - Referral of Claim to Arbitrator or Contested Case Hearing or Removal to Court

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a hearing
			 on a claim is conducted by the Office of Administrative Hearings:
(a) The hearing shall be held as an
			 arbitration under the rules in Division 8 of this chapter, unless a party
			 requests that the hearing be held as a contested case hearing under subsection
			 (b) of this section or files the dispute in court under section (2) of this
			 rule.
(b) Except as provided in
			 sections (2) and (6) of this rule, the hearing shall be held as a contested
			 case hearing under OAR
			 137-003-0501 to
			 137-003-0700 and the rules in
			 division 9 of this chapter if:
(A) A party to
			 the claim makes a timely written request under section (4) of this rule that
			 the claim be heard as a contested case; or
(B) The agency requests under sections (4)
			 and (6) of this rule that the claim be heard as a contested
			 case.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0600 - Payment from Bond, Irrevocable Letter of Credit or Other Security; Exhaustion of Bond, Irrevocable Letter of Credit or Other Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board may
			 notify the surety company of claims pending.
(2) The board shall notify the surety company
			 or deposit holder of claims ready for payment. This notice shall constitute
			 notice that payment is due on the claim.
(3) Claims are ready for payment when:
(a) An arbitration award has been issued and
			 is ready for payment under OAR
			 808-008-0440 after 30 days have
			 elapsed to allow the respondent time to pay the award or file exceptions with
			 the circuit court; or
(b) A final
			 order has been issued in a contested case and 30 days have elapsed to allow the
			 respondent time to pay the order; or
(c) The board has not granted a stay of
			 enforcement of the final order pending judicial review by the Court of Appeals;
			 or
(d) When there is a court
			 judgment and 30 days have elapsed; or
(e) The board has received no evidence that
			 the respondent has complied with the final order, arbitration award, or court
			 judgment; and
(f) All other claims
			 filed against the licensee under ORS
			 671.510 to
			 671.710 within the same or prior
			 90-day period under ORS
			 671.710 have either been
			 resolved, been closed or have reached the same state of processing as the
			 subject claim.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 5 - CIVIL PENALTIES › Section 808-005-0020 - Schedule of Civil Penalties and Suspensions

Current through Register Vol. 63, No. 7, July 1, 2024
The agency assesses civil penalties for violations of ORS
				671.510 to
				671.760 and OAR chapter 808,
				some of which may be settled per the terms of a Stipulated Order. These
				penalties include, but are not limited to:
(1) Operating without a license. Operating in
			 violation of ORS 671.530(1) or
			 (3):
(a)
			 For a first offense:
(A) If the value of the
			 work is $500 or less; $600; and
(B)
			 If the value of the work is more than $500; $1,2000
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 5 - CIVIL PENALTIES › Section 808-005-0030 - Civil Penalty Collections

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may initiate its own collection proceedings, assign
				the matter to the Department of Revenue for collection, and/or commence an
				action as provided in ORS
				671.955
Stat. Auth.: ORS
				  183.325 - ORS
				  183.410, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  671.670
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0020 - Applicability of Rules; Application of ORS 36.600-36.740

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in this division shall apply
			 when:
(a) A claim is referred to the Office
			 of Administrative Hearings for arbitration under OAR
			 808-004-0590;
(b) The parties to the arbitration agree that
			 the Landscape Contractors Board may arbitrate a landscape dispute and the
			 agency accepts the dispute for arbitration under ORS
			 671.703;
(c) A timely claim is filed relative to work
			 performed under a contract that contains an arbitration clause specifying that
			 the Landscape Contractors Board shall arbitrate disputes arising from the
			 contract and the agency accepts the dispute for arbitration under ORS
			 671.703; or
(d) Arbitration by the Landscape Contractors
			 Board is ordered by a court under ORS
			 36.600 or
			 36.625.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0030 - Incorporation of Office of Administrative Hearings Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following rules related to the
			 contested case hearings conducted by administrative law judges assigned to the
			 Office of Administrative Hearings are incorporated into these rules by this
			 reference and apply to arbitrations conducted under the rules in this division:
(a) OAR
			 137-003-0590 (Qualified
			 interpreters); and
(b) OAR
			 137-003-0605 (Telephone
			 testimony).
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0040 - Arbitration of Disputes Outside Jurisdictional Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A dispute involving a landscaping contractor that does not meet
				timeliness filing or other jurisdictional requirements under this chapter or
				ORS 671.690 to
				671.710 may be arbitrated by the
				agency only if both parties agree in writing to submit the dispute to the
				Landscape Contractors Board for binding arbitration. At the discretion of the
				agency, the agency may refuse to accept a dispute submitted for binding
				arbitration under this rule.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0051 - Application for Judicial Relief

Current through Register Vol. 63, No. 7, July 1, 2024
An application to the court for judicial relief under the rules
				in division 8 of this chapter or under ORS
				36.600 to
				36.740 shall be subject to ORS
				36.615.
Stat. Auth.: ORS
				  670.310, &
				  671.670
Stats. Implemented: Ch. 598, OL
				  2003
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0060 - Appointment of Arbitrator

Current through Register Vol. 63, No. 7, July 1, 2024
Appointment of arbitrator shall be as provided in ORS
				671.703 and shall be subject to
				a request for a different administrative law judge to act as arbitrator under
				ORS 183.645 and OAR
				471-060-0005.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703,
				  183.645
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0080 - Delegation of Duties

Current through Register Vol. 63, No. 7, July 1, 2024
If the agency refers a dispute to the Office of Administrative
				Hearings for arbitration under these rules, the duties of the agency under
				these rules may be carried out through representatives as directed by the Chief
				Administrative Law Judge or a person designated by the Chief Administrative Law
				Judge, except that the Chief Administrative Law Judge or a person designated by
				the Chief Administrative Law Judge may not perform the duties of the agency
				under OAR 808-008-0040,
				808-008-0100 or
				808-008-0440.
Stat. Auth.: ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0085 - Filing and Service of Pleadings and Other Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Unless otherwise provided by these rules, documents, correspondence, motions,
			 pleadings, rulings and orders filed in an arbitration under these rules shall
			 be filed as follows:
(a) With the agency
			 before a claim or dispute is referred by the agency to the Office of
			 Administrative Hearings.
(b) With
			 the Office of Administrative Hearings or assigned arbitrator after the agency
			 refers the claim or dispute to the Office of Administrative Hearings and before
			 the arbitrator issues an award.
(c)
			 With the agency after the arbitrator issues an award.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0090 - Request for Contested Case Hearing or Removal to Court

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Office
			 of Administrative Hearings receives a request under OAR
			 808-004-0590 to conduct the
			 hearing on a claim as a contested case, the Office of Administrative Hearings
			 shall retain jurisdiction over the claim. The Office of Administrative Hearings
			 shall hold the contested case hearing at the time scheduled for the arbitration
			 unless good cause exists to reschedule the hearing date and time.
(2) If the Office of Administrative Hearings
			 receives notice under OAR
			 808-004-0590 that a party to the
			 claim filed a complaint under that rule that requires that the claim be decided
			 in court, the Office of Administrative Hearings shall return the claim to the
			 agency.
Stat. Auth.: ORS
				  183.310 -
				  183.500, ORS
				  670.310, & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0100 - On-Site Investigation, Settlement Discussions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the discretion of the agency the
			 arbitration hearing may be preceded by an on-site meeting or settlement
			 discussions.
(2) At the discretion
			 of the arbitrator, the arbitration may be preceded by settlement
			 discussions.
(3) The arbitrator may
			 request that the agency conduct an on-site meeting prior to arbitration. The
			 agency may grant or deny the request at its discretion.
Stat. Auth.: ORS
				  183.310 -
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0110 - Declaration of Damages and Amendment to Declaration of Damages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the party
			 asserting the claim has not previously field a Statement of Claim or
			 declaration under OAR
			 808-004-0340, 080-004-0540 or
			 808-004-0550, the party shall
			 file with the agency on a form provided by the agency a declaration of damages
			 stating the amount the party alleges any other party owes the party, together
			 with any supporting documents required by the agency.
(2) If the parties to an arbitration have
			 agreed in writing that the arbitration will bind all of them and if any other
			 party to the proceeding asserts a counter claim, the counterclaiming party
			 shall file with the agency on a form provided by the agency a declaration of
			 damages stating the amount that the counterclaiming party alleges any other
			 party owes to the counterclaiming party, together with any supporting documents
			 required by the agency.
(3)
			 Notwithstanding section (2) of this rule, a party is not required to file the
			 declaration stating the amount that the party alleges any other party owes the
			 party, if the party alleges only an offset.
(4) A party may amend the amount the party
			 alleges another party owes the party by filing an amended declaration of
			 damages. An amended declaration of damages must be delivered to the arbitrator
			 as required by OAR 808-008-0085. An amended
			 declaration of damages filed under this section must be received by the
			 arbitrator no later than 14 days prior to the scheduled date of an arbitration
			 on the matter.
(5) An amended
			 declaration of damages filed under section (4) of this rule must be on a form
			 provided by the agency or on a form that substantially duplicates the form
			 provided by the agency. The amended declaration of damages must state the
			 amount alleged to be owed to the party filing the amended declaration by the
			 other party. If the subject of the arbitration is a claim, the amount alleged
			 to be owed must be limited to items of complaint in the Statement of Claim. The
			 amended declaration of damages must be signed by the party filing the amended
			 declaration.
(6) An amended
			 declaration of damages making a significant change in the amount a party
			 alleges that another party owes the party may be good cause to postpone the
			 scheduled arbitration under OAR
			 808-008-0220 if the time left
			 before the arbitration is insufficient to prepare for arbitration on the
			 amended amount.
Stat. Auth.: ORS
				  183.310 -
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0120 - Time and Place of Arbitration Hearing; Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The Office of Administrative Hearings shall fix a time and
				place for the arbitration hearing. The Office of Administrative Hearings l will
				mail notice of the time and place of the arbitration at least 21 days prior to
				the arbitration, unless otherwise agreed to by the parties.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0140 - Qualifications of Arbitrator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual who has a known, direct and material interest in the outcome of the
			 arbitration proceeding or a known, existing and substantial relationship with a
			 party may not serve as an arbitrator.
(2) Before accepting appointment, an
			 individual who is requested to serve as an arbitrator, after making a
			 reasonable inquiry, shall disclose to all parties to the agreement to arbitrate
			 and arbitration proceeding and to any other arbitrators in the arbitration
			 proceeding any known facts that a reasonable person would consider likely to
			 affect the impartiality of the arbitrator in the arbitration proceeding,
			 including:
(a) A financial or personal
			 interest in the outcome of the arbitration proceeding; and
(b) An existing or past relationship with any
			 of the parties to the agreement to arbitrate or the arbitration proceeding,
			 their counsel or representatives, a witness or another arbitrator in the
			 proceeding.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0160 - Substitution of Arbitrator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency administrator or a person designated by the agency administrator may
			 substitute another arbitrator at any time before the arbitration hearing
			 begins.
(2) If the agency refers a
			 dispute to the Office of Administrative Hearings for arbitration under these
			 rules, the Chief Administrative Law Judge or a person designated by the Chief
			 Law Judge may substitute another arbitrator at any time before the arbitration
			 hearing begins.
Stat. Auth.: ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0180 - Representation by Counsel

Current through Register Vol. 63, No. 7, July 1, 2024
Any party may be represented at an arbitration by an attorney.
				A corporation, partnership or other business entity may appear or be
				represented at an arbitration as provided under ORS
				183.457.
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183 &
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0200 - Attendance at Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Persons having a direct interest in the arbitration are
				entitled to attend hearings. The arbitrator may require the exclusion of any
				witness who is not a party during the testimony of other witnesses. The
				arbitrator shall determine whether any other person may attend the
				hearing.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0220 - Postponement, Recess and Continuance

Current through Register Vol. 63, No. 7, July 1, 2024
An arbitration may postpone or recess and later continued by
				the arbitrator. A party requesting a postponement or continuance must show good
				cause. The arbitrator will determine whether to grant a postponement or
				continuance. The arbitrator's determination shall be final.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0260 - Recording of Arbitration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Unless otherwise agreed by the parties and the arbitrator, the arbitrator must
			 make a recording of the hearing.
(2) The agency may dispose of recordings of
			 arbitrations when 90 days have passed after the arbitrator issues an award in
			 the matter. However, if a party files timely exceptions to the award with the
			 court, the agency may not dispose of the recordings of the hearing until the
			 court makes a final determination of the matter.
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183 &
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0280 - Conduct of Hearing; Authority of Arbitrator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An arbitrator may conduct arbitration in
			 such a manner as the arbitrator considers appropriate for a fair and
			 expeditious disposition of the proceeding. The authority conferred upon the
			 arbitrator includes the power to hold conferences with the parties to the
			 arbitration proceeding before the hearing and, among other matters, determine
			 the admissibility, relevance, materiality and weight of any evidence.
(2) The oral hearing may be waived and held
			 by briefs and documents if the parties so stipulate. The arbitrator shall
			 determine whether to grant waiver of oral hearing and that determination shall
			 be final.
Stat. Auth.: ORS
				  183.310-183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0291 - Summary Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
An arbitrator may decide a request for summary disposition of a
				claim or particular issue:
(1) If all
			 interested parties agree; or
(2)
			 Upon request of one party to the arbitration proceeding, if that party gives
			 notice to all other parties to the proceeding and the other parties have a
			 reasonable opportunity to respond.
Stat Auth.: ORS
				  183.310-183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0300 - Arbitration in the Absence of a Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, an arbitration may proceed in the absence of a party who, after due
			 notice, fails to appear. An award shall not be made solely on the default of a
			 party. The arbitrator may require the attending party to submit such evidence
			 as the arbitrator may require for the making of an award.
(2) Notwithstanding section (1) of this rule,
			 an arbitrator may dismiss a claim without an evidentiary hearing if the party
			 making the claim fails to appear after due notice and without good
			 cause.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0320 - Discovery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Parties to an
			 arbitration are encouraged to exchange information informally, prior to the
			 hearing. After making reasonable attempts to obtain any of the following, a
			 party may make written request of the arbitrator for an order directing the
			 other party to comply:
(a) Production of
			 documents, objects or other information relevant to the dispute;
(b) Permission to enter upon private property
			 to inspect improvements relevant to the dispute; or
(c) Other forms of discovery.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0340 - Subpoenas; Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 arbitrator or an attorney for a party to the arbitration may issue subpoenas
			 for witnesses and documents for the arbitration hearing.
(2) The arbitrator shall be the sole judge of
			 the relevance and materiality of the evidence offered. Conformity to legal
			 rules of evidence is not required.
(3) The arbitrator may receive and consider
			 any relevant evidence, including evidence in the form of an affidavit, but
			 shall give appropriate weight to any objections made. All documents to be
			 considered by the arbitrator shall be filed with the agency prior to or at the
			 hearing.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0360 - Close of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
When satisfied that the parties have completed their
				presentations, the arbitrator shall close the hearing.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0380 - Waiver of Right to Object to Noncompliance with These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Any party who proceeds with the arbitration after knowledge
				that any provision or requirement of these rules has not been complied with and
				who fails to state objections prior to the close of the hearing shall be deemed
				to have waived the right to object.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0400 - Services of Notices and Other Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Communication, including, but not limited
			 to the initial notice of an arbitration hearing directed by the arbitrator,
			 Office of Administrative Hearings, or agency to the last-known address of
			 record shall be considered delivered when deposited in the United States
			 mail
(2) If the agency did not
			 serve a contested case notice, referral to the Office of Administrative
			 Hearings or other notice of the dispute by registered, certified or post office
			 receipt secured mail prior to the initial notice of the arbitration hearings,
			 the notice of hearings shall be sent by registered, certified or post office
			 receipt secured mail.
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0420 - Time, Form, and Scope of Award; Limitation on Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The award shall be rendered promptly by
			 the arbitrator and, unless otherwise agreed by the parties, not later than
			 thirty days from the date of the closing of the arbitration hearing.
(2) The agency may extend the time to issue
			 an award under section (1) of this rule.
(3) The award shall be in writing and shall
			 be signed or otherwise authenticated by the arbitrator.
(4) The award shall fully dispose of all
			 issues presented to the arbitrator that are required to resolve the dispute.
			 The arbitrator may summarily dismiss issues that raise no substantive factual
			 or legal questions. The award shall contain sufficient rulings on issues and
			 explanations of the reasoning of the arbitrator so that a party may reasonably
			 understand the basis of the decision and evaluate the award to determine if
			 filing a petition for to modify or correct the award would be
			 appropriate.
(5) Subject to section
			 (10) of this rule an arbitrator may not issue an award in an amount greater
			 than the total amount a party alleges another party owes the party in:
(a) The most recent declaration of damages or
			 amended declaration of damages filed by the party under OAR
			 808-004-0540,
			 808-004-0550 or
			 808-008-0110; or
(b) The Statement of Claim filed by the party
			 under OAR 808-004-0340, if no declaration
			 of damages was filed.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0425 - Petition to Modify or Correct an Award; Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party to an arbitration may petition
			 the arbitrator to modify or correct an award. A party may file only one
			 petition of an award under this rule as stated in subsection (13) of this rule.
(2) The petition to modify or
			 correct an award must be in writing and substantially conform to the
			 requirements of OAR 808-008-0430.
(3) To be considered, a petition to modify or
			 correct an award must be received by the arbitrator within 21 days of mailing
			 the proposed award.
(4) If the
			 arbitrator receives a timely petition to modify or correct an award, the
			 arbitrator shall mail copies of the petition to the other parties to the
			 arbitration and the agency.
(5) A
			 party may respond to the petition to modify or correct an award. To be
			 considered, a response to the petition must be received by the arbitrator no
			 later than 14 days after the arbitrator mailed a copy of the petition to the
			 party.
(6) The arbitrator may
			 waive or extend the time limitations in sections (3) and (5) of this rule on a
			 showing of good cause by the person requesting the waiver or extension.
(7) The arbitrator may modify or
			 correct an award:
(a) If there was an evident
			 mathematical miscalculation or an evident mistake in the description of a
			 person, thing or property referred to in the award;
(b) If the arbitrator made an award on a
			 claim not submitted to the arbitrator and the award may be corrected without
			 affecting the merits of the decision on the claims submitted;
(c) If the award is imperfect in a matter of
			 form not affecting the merits of the decision on the claims submitted;
(d) Because the arbitrator has not
			 made a final and definite award upon a claim submitted by the parties to the
			 arbitration proceeding; or
(e) To
			 clarify the award.