reglab/statecodes huggingface dataset:
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 438-085-0250 - Requests for Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 parties shall notify the assigned Administrative Law Judge of their desire to
			 mediate their controversy. The parties may select a mediator from an approved
			 list provided by the Hearings Division. If the parties do not indicate a choice
			 of mediator or cannot agree, a mediator may be selected by the assigned
			 Administrative Law Judge.
(2)
			 Persons who are not parties to a mediation may be included in mediation
			 discussions with the consent of the mediator and the parties.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 654.078
Stats. Implemented: ORS
				  183.502
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 438-085-0260 - Mediation Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 resolution involving matters arising under the Act shall be reduced to
			 writing.
(2) The parties may, by
			 agreement, resolve issues that arise outside the scope of the Act and reduce
			 those agreements to writing. Such agreements, however, shall be separate from
			 any agreement resolving issues under the Act and shall not be enforceable by
			 the Workers' Compensation Board.
(3) The parties shall advise the mediator in
			 writing when a request for hearing has been resolved by an executed mediation
			 agreement.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 654.078
Stats. Implemented: ORS
				  183.502
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 438-085-0305 - Transmittal of Documents to Hearings Division

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will defer action on a Request
			 for Hearing for 90 days unless:
(a) There is
			 a withdrawal of the citation or Request for Hearing;
(b) A settlement is reached;
(c) There is an express waiver of
			 participation in the OR-OSHA informal settlement conference process;
(d) An expedited hearing is required by ORS
			 654.078(6);
			 or
(e) There is a motion or matter
			 requiring action by an Administrative Law Judge.
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 438-085-0306 - Hearings Division Response to Request For Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Hearings Division receives a
			 transmittal pursuant to OAR 438-085-0305, it shall caption and assign a docket
			 number to the case. The case shall then be assigned to an Administrative Law
			 Judge, who will thereafter be responsible for all case management, including
			 all pre-hearing matters and the hearing itself.
(2) After a case has been received by the
			 Hearings Division and assigned to an Administrative Law Judge, the Hearings
			 Division shall mail the parties an acknowledgment and notice of case
			 assignment.
(3) If the parties
			 request Alternative Dispute Resolution assistance, the assigned Administrative
			 Law Judge shall refer the case to the mediator requested by the parties, or
			 selected by the assigned Administrative Law Judge if the parties so
			 request.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025
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 438-085-0406 - Necessary Parties; Adding Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OR-OSHA and the employer are necessary
			 parties in all contested cases under the Act.
(2) If an affected employee or authorized
			 representative requests a hearing pursuant to ORS
			 654.078(2) or
			 ORS 654.056(5), or
			 requests to become a party pursuant to ORS
			 654.290(2)(d)
			 and OAR 438-085-0411, such affected employee or authorized representative shall
			 be a necessary party.
(3) Any
			 person considered necessary by the Administrative Law Judge for a full and
			 final determination of the issues in a case may be added upon petition pursuant
			 to OAR 438-085-0426.
Stat. Auth.: ORS
				  183.335, ORS
				  654.056(5)
				  & ORS 656.726(5)
Stats. Implemented: ORS
				  654.025, ORS
				  654.078 & ORS
				  654.290(2)(d)
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 438-085-0411 - Employee Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Affected
			 employees or authorized representatives may elect to participate as parties in
			 a contested case in which they have not requested a hearing by submitting a
			 request to the Hearings Division.
(2) An affected employee's or authorized
			 representative's request to become a party in a case must be filed at least
			 five days before the hearing, if any, on the merits of the case. The assigned
			 Administrative Law Judge may otherwise allow an affected employee or authorized
			 representative to participate as a party only upon a showing of good
			 cause.
(3) The written request to
			 become a party must show that the person is an affected employee or an
			 authorized representative.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0426 - Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition to
			 intervene in a contested case may be filed by a person at any time before the
			 case is closed without a hearing, or before any scheduled hearing
			 starts.
(2) The petition must state
			 the petitioner's interest in the case, show that participation will assist in
			 the determination of the issues, and explain why intervention will not
			 unnecessarily delay the proceedings.
(3) The Administrative Law Judge may grant a
			 petition for intervention to such extent and upon such terms as considered
			 appropriate.
(4) When a petition
			 for intervention is granted, the intervenor becomes a party to the
			 case.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0431 - Representatives of Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 party may act through a representative and may appear in a hearing by a
			 representative.
(2) A
			 representative is not required to be an attorney at law or have any other
			 special qualification.
(3) Unless a
			 party is represented by an attorney at law, a designation of the party's
			 representative must be in writing, contain the name, address and telephone
			 number of the representative and be signed by the party. If the party is a
			 corporation, the designation must be signed by an officer; if a partnership, by
			 one of the partners; and if a public body, labor union, or other organization,
			 by an official with the authority to designate a representative.
(4) A representative shall be considered to
			 fully control the interests of the party in the case.
(5) A representative may terminate its status
			 as a representative by filing a written notice thereof and serving a copy on
			 all other parties.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 654.293
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0436 - Access to Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 employer must maintain, until the case is closed, copies of all documents filed
			 in the case at a location convenient for affected employees to inspect and copy
			 them at reasonable times.
(2) Any
			 person may inspect and copy the documents filed in a contested case which has
			 been referred to the Hearings Division at the offices of the Hearings Division.
			 Copies of documents may be ordered by mail. The cost of copies shall be at the
			 rates set by the Board for the reproduction of its public records, but a
			 nominal number of copies may be provided without charge.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0506 - Captions of Cases

Current through Register Vol. 63, No. 7, July 1, 2024
Contested cases shall be captioned by the Hearings Division and
				referred to by the following titles:
(1) A case initiated by a contested OR-OSHA
			 citation, notice of penalty or correction order shall be titled, "Oregon
			 Occupational Safety and Health Division, Plaintiff v. (name of party requesting
			 a hearing), Defendant".
(2) A
			 contested case that originated with an application relating to a variance shall
			 be titled, "(name of party requesting a hearing), Petitioner v. Oregon
			 Occupational Safety and Health Division, Respondent".
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0511 - Form of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 documents, other than exhibits submitted pursuant to OAR 438-085-0855, filed
			 after the Hearings Division acknowledges transmittal of a contested case shall:
(a) Contain the case title and docket number
			 assigned by the Hearings Division and the name of the assigned Administrative
			 Law Judge;
(b) Contain the name,
			 address and telephone number of the party or representative submitting the
			 document; and
(c) Be signed by the
			 party or representative submitting the document.
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 438-085-0526 - Amendments as of Right

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise provided by the Administrative Law Judge, amendments to the citation
			 and to the request for hearing, including affirmative defenses, shall be
			 allowed up to the date and time set for hearing.
(2) An amendment made by OR-OSHA under this
			 rule may not allege a new violation or increase a penalty.
(3) Amendments made in accordance with this
			 rule are effective upon filing.
(4)
			 If a party is prejudiced by the timing of the amendment, a postponement or
			 continuance may be allowed.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0531 - Correction of Defective Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
If a request for hearing fails to specify the matters contested
				and the grounds for the request for hearing, or otherwise fails to
				substantially comply with the requirements of ORS
				654.078 and OAR 438-085-0111,
				the Administrative Law Judge may, on the Administrative Law Judge's own motion
				or upon motion of a party, order the requesting party to correct the defects by
				filing an amended request for hearing, or a supplement to the request for
				hearing, within such time as the Administrative Law Judge considers reasonable.
				If within the time permitted the requesting party fails to amend or supplement
				the request for hearing to conform with ORS
				654.078 and OAR 438-085-0111, it
				may be dismissed by the Administrative Law Judge.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0541 - Service of Documents on Other Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the time a party files any document
			 with the Hearings Division, the party shall serve a copy of that document on
			 every other party to the case.
(2)
			 Service shall be made upon a party by first class mail or by personal delivery,
			 and is effective at the time of mailing or personal delivery.
(3) Service upon a party who is acting
			 through a representative shall be made upon that representative.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0545 - Proof of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party who
			 files a document with the Hearings Division shall include with the document a
			 proof of service which states the date and manner of compliance with OAR
			 438-085-0541, including the address at which the other party was
			 served.
(2) Proof of service may be
			 made by:
(a) Affidavit of service;
(b) Written statement made upon the document
			 filed, and signed by the party or representative making the statement;
			 or
(c) Letter of
			 transmittal.
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 438-085-0550 - Ex Parte Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for communications made in the context of a mediation or other
			 settlement proceeding, there shall be no ex parte communication, concerning the
			 merits of any pending case, with the assigned Administrative Law
			 Judge.
(2) In the event a
			 prohibited ex parte communication occurs, the assigned Administrative Law Judge
			 shall place on the record a statement of the substance of the prohibited
			 communication and shall notify the parties of the communication and of their
			 right to rebut such communication.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0606 - Withdrawal of Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The requesting party may file a written
			 withdrawal of the request for hearing at any time before the Administrative Law
			 Judge issues a final order.
(2)
			 When a request for hearing is withdrawn, the Administrative Law Judge shall
			 issue an order dismissing the request for hearing.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0611 - Withdrawal by Affected Employee, Authorized Representative, or Intervenor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An affected
			 employee, an authorized representative, or an intervenor in a contested case
			 may withdraw as a party at any time before the Administrative Law Judge issues
			 a final order.
(2) Such a
			 withdrawal shall be effective upon filing.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0616 - Withdrawal by OR-OSHA

Current through Register Vol. 63, No. 7, July 1, 2024
OR-OSHA may withdraw its contested citation, notice or order at
				any time before an order issued by an Administrative Law Judge becomes final.
				Upon such withdrawal, the Administrative Law Judge shall issue an order
				vacating the citation, notice or order and dismissing the request for
				hearing.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0621 - Settlement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The parties may
			 enter into a settlement agreement at any time.
(2) A signed copy of any settlement entered
			 into after the filing of a request for hearing shall be submitted to the
			 Hearings Division, and the Administrative Law Judge shall issue an order
			 dismissing the request for hearing, or take other appropriate action.
Stat. Auth.: ORS
				  654.290 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0631 - Sanctions for Failure to File Documents

Current through Register Vol. 63, No. 7, July 1, 2024
If a party fails to file any document when due, the
				Administrative Law Judge may, in their discretion:
(1) Treat the failure as a waiver of the
			 party's right to file the document, and presume that the document, if filed,
			 would be adverse to the party's position on any issue related to it;
			 or
(2) Enter an order dismissing
			 the request for hearing or vacating the citation.
Statutory/Other Authority: ORS 654.025(2)
Statutes/Other Implemented: ORS 654.025 &
				  654.078
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 438-085-0710 - Setting and Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as required by ORS
			 654.078(6),
			 notice of a scheduled hearing shall be given to all parties by the Hearings
			 Division at least 50 days before the hearing date, unless the parties agree to
			 a shorter period of notice.
(2) The
			 notice of hearing shall include the date, time and place of hearing.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0715 - Place of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The hearing shall be held in Oregon at a place that is
				reasonably convenient for the party requesting the hearing and affected
				employees, or at such other place as may be selected by the Administrative Law
				Judge.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.0788
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 438-085-0718 - Hearing Security

Current through Register Vol. 63, No. 7, July 1, 2024
Any party or representative having knowledge or reasonable
				belief that any party or witness may present a danger or may be a threat to
				anyone involved in the hearing shall immediately notify the assigned
				Administrative Law Judge and the opposing parties or representatives of the
				potentially dangerous situation. All decisions involving security at the
				hearing shall be within the discretion of the Presiding Administrative Law
				Judge or designee.
Statutory/Other Authority: ORS 656.725(4)
Statutes/Other Implemented: ORS
				  656.726(4)
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 438-085-0720 - Postponement or Continuance of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A scheduled hearing shall not be
			 postponed except by order of an Administrative Law Judge upon a finding of good
			 cause.
(2) Continuance and/or
			 bifurcation of a contested case shall be allowed at the discretion of the
			 Administrative Law Judge upon consideration of the facts and circumstances
			 providing the basis for the Motion for continuance and/or
			 bifurcation.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0725 - Statement of Issues; Pre-Hearing Conference

Current through Register Vol. 63, No. 7, July 1, 2024
At any time before hearing the Administrative Law Judge may
				order the parties to:
(1) Prepare and
			 submit a written statement setting forth the relevant facts about which there
			 is no dispute, each party's contentions of fact, and the issues of fact and law
			 to be decided by the Administrative Law Judge.
(2) Exchange information or attend a
			 pre-hearing conference with the Administrative Law Judge for the purpose of
			 simplifying or clarifying the issues or expediting the proceeding.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0730 - Consolidation or Separation

Current through Register Vol. 63, No. 7, July 1, 2024
If no substantial right of any party will be prejudiced, the
				Administrative Law Judge may:
(1)
			 Consolidate cases in which there are common parties and common questions of law
			 or fact; or
(2) Divide the issues
			 of a case into separate cases.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0735 - Motions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All motions
			 shall be filed with the Administrative Law Judge as soon as
			 practicable.
(2) Pre-hearing
			 motions shall be in writing and contain a clear and plain statement of the
			 relief sought and the grounds for relief.
(3) Any party on whom a pre-hearing motion is
			 served shall have 14 days from the date of receipt of such motion, or such time
			 as the Administrative Law Judge may allow, to file a written response to the
			 motion. A written reply may be filed within seven (7) days of receipt of the
			 last response.
(4) No additional
			 arguments may be submitted without the prior approval of the Administrative Law
			 Judge.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0740 - Discovery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise provided by the assigned Administrative Law Judge, within 14 days
			 after the mailing of the notice of case assignment pursuant to OAR 438-085-0306  OR-OSHA shall provide to the other parties or their representatives copies of
			 all documents in its possession pertaining to the contested matter, including
			 relevant rules, unless previously provided.
(2) Unless otherwise provided by the assigned
			 Administrative Law Judge, within 14 days of OR-OSHA's mailing, the other
			 parties or their representatives shall furnish to OR-OSHA copies of documents
			 in their possession pertaining to the matter which they did not receive from
			 OR-OSHA, unless previously provided.
(3) Copies of documents acquired after the
			 initial exchanges shall be provided to the other parties immediately after the
			 disclosing party's receipt of the documents.
(4) Subject to limitations imposed pursuant
			 to OAR 438-085-0805(2), depositions and interrogatories are allowed by
			 agreement of the parties or upon motion of a party and an order of the
			 Administrative Law Judge.
(5) A
			 reporter's fee for a deposition shall be paid by the party who requested the
			 deposition unless otherwise agreed by the parties or directed by the assigned
			 Administrative Law Judge.
(6)
			 Notwithstanding sections (1) through (3), the assigned Administrative Law Judge
			 may, after discussion with the parties, set timelines for completion of
			 discovery.
(7) Where a "document"
			 cannot be photocopied but it is discoverable, the possessing party shall so
			 advise the other party or parties and shall cooperate in arranging for its
			 inspection.
(8) Notwithstanding
			 sections (1) through (3), privileged and work product documents shall not be
			 subject to disclosure.
(9) Failure
			 of a party to comply with this rule or with any requirements set by the
			 assigned Administrative Law Judge may result in continuance of the hearing,
			 exclusion of the documents from the evidentiary record, vacation of the
			 citation, dismissal of the request for hearing, or such other sanctions as the
			 assigned Administrative Law Judge may deem appropriate.
Stat. Auth.: ORS
				  183.335, ORS
				  183.425(2)
				  & ORS 656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0745 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The attendance
			 and testimony of witnesses at the hearing, or the production of documentary or
			 physical evidence under the witnesses' control or possession, may be compelled
			 by subpoena.
(2) Subpoenas may be
			 issued by the Presiding Administrative Law Judge, the Administrative Law Judge,
			 or the representative of record of the party in whose behalf the witnesses are
			 required to appear. The Hearings Division shall provide subpoenas in blank,
			 upon request, to a party or the party's representative of record.
(3) Any person present at the hearing may be
			 required to testify to the same extent as if the person had been
			 subpoenaed.
(4) If any person fails
			 to comply with a subpoena, or any party or witness refuses to testify on any
			 matters on which such party or witness may be lawfully questioned, proceedings
			 to compel obedience may be instituted in accordance with ORS
			 654.130 or ORS
			 183.440.
(5) Witnesses appearing by subpoena shall be
			 paid, by the party who subpoenas them, the same fees and mileage required by
			 law for witnesses in civil actions. Parties and employees of OR-OSHA shall not
			 be paid such witness fees or mileage.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  183.440, ORS
				  654.025, ORS
				  654.078 & ORS
				  654.130
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 438-085-0750 - Change of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The assigned Administrative Law Judge may withdraw from a case whenever they
			 consider it appropriate.
(2) Any
			 party may request that the assigned Administrative Law Judge remove themself
			 from a case on the grounds of personal bias or conflict of interest. If the
			 assigned Administrative Law Judge declines the request, the party may file with
			 the Presiding Administrative Law Judge a motion for removal and supporting
			 affidavit.
(3) If, in the opinion
			 of the Presiding Administrative Law Judge, the motion for removal is filed with
			 due diligence and the supporting affidavit is sufficient on its face, the
			 Presiding Administrative Law Judge may, in their discretion, hold a hearing,
			 and shall either grant or deny the motion.
Statutory/Other Authority: ORS 655.726(4)
Statutes/Other Implemented: ORS 654.025 &
				  654.078
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 438-085-0755 - Extensions of Time

Current through Register Vol. 63, No. 7, July 1, 2024
Requests for extensions of time for filing of any documents
				shall be received in the office of the assigned Administrative Law Judge in
				advance of the day on which the document is due to be filed.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0800 - Decision by Administrative Law Judge Without Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To reduce the cost to the public, to the
			 parties and to their witnesses, the Board encourages the parties to submit
			 their cause to the Administrative Law Judge, whenever possible, without a
			 hearing.
(2) A case may be decided
			 by the Administrative Law Judge without a hearing upon the joint agreement of
			 all parties and the assigned Administrative Law Judge.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0805 - Duties and Powers of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
It is the duty of the Administrative Law Judge to conduct a
				fair and impartial hearing and to avoid delay. The Administrative Law Judge has
				the authority to:
(1) Issue
			 subpoenas;
(2) Order depositions to
			 be taken or make limitations on discovery;
(3) Hold conferences for settlement of the
			 case, clarification of the issues, or such other purpose which furthers the
			 goal of full, prompt, and fair resolution of the case;
(4) Dispose of procedural requests, motions
			 or similar matters;
(5) Administer
			 oaths and affirmations;
(6) Rule
			 upon offers of evidence;
(7)
			 Regulate the course of the hearing and, if necessary, exclude persons from the
			 hearing;
(8) Require a party to
			 state the party's position on any issue in the case and the legal basis for
			 that position;
(9) Order a party to
			 produce a witness or other evidence;
(10) Call and examine any party or
			 witness;
(11) Close the hearing
			 record, or reopen it, as the needs of justice and the hearing
			 require;
(12) Prohibit
			 photographing, televising, or sound or video recording of the hearing from
			 within or outside the hearing room.
(13) Take any other action necessary for a
			 full and fair disposition of the case.
Stat. Auth.: ORS
				  183.335, ORS
				  656.726(5)
				  & ORS 654.025
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0810 - Failure to Appear

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in section (2) of this rule, failure of a party to appear at the
			 hearing shall be considered a default and a waiver of all rights except the
			 right to be served with a copy of the Administrative Law Judge's order and the
			 right to request judicial review in accordance with ORS
			 183.480 to
			 183.500. A default order may be
			 issued only upon a
prima facie
case made in the evidentiary
			 record.
(2) Upon a showing of good
			 cause, the Administrative Law Judge shall excuse a party's failure to appear
			 and reconvene the hearing.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  183.415(6), ORS
				  654.025 & ORS
				  654.078
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 438-085-0815 - Record and Transcript of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A verbatim record shall be made of the
			 hearing, including all motions, rulings and testimony. Reporters' hearing and
			 transcript fees shall be paid by the Board, except as provided in subsection
			 (3) of this rule.
(2) At any time
			 before the Administrative Law Judge's decision becomes final, the
			 Administrative Law Judge may order a full or partial transcript of the hearing
			 record.
(3) At any time before the
			 reporter's notes or recordings of the hearing are destroyed, any person may
			 order a transcript at that person's expense, except that prior to closure of
			 the evidentiary record, in a case where witnesses have been excluded, no party
			 may obtain, and the reporter or reporting firm shall not provide, any
			 transcript of witness testimony or portion thereof without prior authorization
			 by the Administrative Law Judge.
(4) When the record of a case is forwarded to
			 the Court of Appeals for judicial review pursuant to ORS
			 183.482(4),
			 each party shall be served with a copy of the record, excepting
			 exhibits.
(5) Reporters' notes or
			 records of a hearing may be destroyed six months after final disposition of the
			 case by the Administrative Law Judge or court.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0820 - Burden of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OR-OSHA has
			 the burden of proving:
(a) A denied
			 violation;
(b) The reasonableness
			 of a contested penalty;
(c) The
			 reasonableness of a contested correction order.
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 438-085-0825 - Conduct of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Testimony shall be taken only on oath or affirmation.
(2) Each party shall have these rights:
(a) To call and examine parties and
			 witnesses;
(b) To offer documents
			 as evidence;
(c) To question the
			 witnesses of other parties on any matter relevant to the issues even though
			 that matter was not covered in the direct examination;
(d) To offer evidence to impeach any witness
			 regardless of which party first called the witness to testify; and
(e) To offer rebuttal evidence.
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 438-085-0835 - Exclusion of Witness From Hearing Room

Current through Register Vol. 63, No. 7, July 1, 2024
Upon motion of a party, the Administrative Law Judge may
				exclude an opposing party's witness from the hearing room if the basis of the
				motion is to prevent the witness from hearing testimony. A party or its
				representative shall not be excluded on the grounds that the party or its
				representative will be a witness.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0840 - Rules of Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
The rules of privilege and evidence in proceedings under this
				chapter are governed by ORS
				183.450(1) through
				(4).
Stat. Auth.: ORS
				  183.335, ORS
				  656.726(5)
				  & ORS 654.290(2)
Stats. Implemented: ORS
				  183.450(1) -
				  ORS 183.450(4), ORS
				  654.025 & ORS
				  654.078;
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 438-085-0845 - Official Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrative Law Judge may take official notice of judicially cognizable
			 facts and the Administrative Law Judge may take official notice of general,
			 technical or scientific facts within the Administrative Law Judge's specialized
			 knowledge.
(2) The Administrative
			 Law Judge shall advise the parties of, and give them an opportunity to contest,
			 any facts or other matters of which official notice is being taken.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  183.450(4), ORS
				  654.025 & ORS
				  654.078
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 438-085-0850 - Offers of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever the Administrative Law Judge excludes a document or
				the testimony of a witness, the party adversely affected may make an offer of
				proof for the record in a form determined by the Administrative Law
				Judge.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0855 - Exhibits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise required by the Administrative Law Judge, and not later than 21 days
			 before the hearing, OR-OSHA shall provide to the assigned Administrative Law
			 Judge legible copies of all proposed exhibits, numbered chronologically,
			 earliest first, and indexed. Dated proposed exhibits shall precede those which
			 are undated. Exhibit numbers shall be placed at the lower right corner of each
			 page, except that depositions shall be numbered on the cover page only. OR-OSHA
			 shall also provide to the other parties or their representatives an index of
			 all proposed exhibits and copies of any proposed exhibits not previously
			 provided pursuant to OAR 438-085-0740. Not less than 14 days before the
			 hearing, or within seven days of receipt of the OR-OSHA index, whichever is
			 later, the other parties or their representatives shall provide to OR-OSHA and
			 to the Administrative Law Judge legible copies of any additional proposed
			 exhibits, numbered chronologically and indexed to coincide with OR-OSHA's
			 exhibits. For example, a proposed exhibit falling chronologically between those
			 OR-OSHA has numbered "6" and "7" shall be designated
Exhibit
			 6A
.
(2) Unless the
			 Administrative Law Judge determines that exceptional circumstances require that
			 an object or real evidence accompany the record, an accurate description or
			 photograph of the object shall be substituted for it. The party offering the
			 object or real evidence shall be responsible for providing the description or
			 photograph, and for retaining custody of the object until all rights to review
			 have expired.
(3) The parties shall
			 offer as exhibits copies of only those portions of each Division of the Oregon
			 Occupational Safety and Health Code upon which they intend to rely or which are
			 otherwise relevant, and which were in effect and/or applicable on the dates
			 pertaining to the issues in the case. In the event the relevant OR-OSHA rule
			 adopts a Federal rule but does not contain the text thereof, a copy of the
			 applicable Federal rule shall also be provided.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0860 - View of Premises

Current through Register Vol. 63, No. 7, July 1, 2024
On motion of any party or on the Administrative Law Judge's own
				motion, the Administrative Law Judge may, prior to the hearing or during a
				recess of the hearing for that purpose, view the premises, equipment or
				processes related to an issue in the case, in order to obtain a better
				understanding of the testimony. All parties shall be given reasonable notice
				of, and an opportunity to be present during, a viewing. The Administrative Law
				Judge shall not consider as evidence in the case the impressions obtained from
				a viewing.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0865 - Opinion and Order of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The decision of the Administrative Law
			 Judge in a contested case shall be rendered in a written Opinion and Order,
			 which shall also contain findings of fact and conclusions of law.
(2) Except for matters stipulated to by the
			 parties or officially noticed by the Administrative Law Judge, no factual
			 information or evidence that is not made part of the record shall be considered
			 by the Administrative Law Judge in making determinations.
(3) The Opinion and Order of the
			 Administrative Law Judge shall be deemed to be a final order of the
			 Board.
(4) Each party or, if
			 applicable, a party's representative shall be mailed or delivered a copy of the
			 Administrative Law Judge's Opinion and Order, with notice of the party's right
			 to judicial review by the Court of Appeals as provided in ORS
			 183.480 to
			 183.500.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078
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 438-085-0870 - Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrative Law Judge may withdraw any order for the purpose of
			 reconsideration at any time prior to:
(a) The
			 expiration of the period allowed for filing a petition for judicial review, if
			 one has not been filed; or
(b) The
			 date set for oral argument before the Court of Appeals on a petition for
			 judicial review, as permitted by subsection (6) of ORS
			 183.482.
Oregon Administrative Rules › Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE › Division 1 - PROCEDURAL RULES › Section 440-001-0000 - Notice of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to rulemaking to which this rule applies, the Director shall give notice
			 as provided in this rule. This rule applies to rulemaking that carries out any
			 of the following rulemaking authority of the Director:
(a) Rulemaking authority under ORS
			 705.135;
(b) Rulemaking authority of the Director
			 other than as provided under ORS
			 705.135, with respect to the
			 Department as a whole;
(c)
			 Rulemaking authority with respect to duties and functions assigned to the
			 Director or the Department by law when the duties and functions are not carried
			 out through an administrative division or staff office created under ORS
			 705.115.