reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 16 - BOARD REVIEW OF DIRECTOR'S ORDER FINDING NO BONA FIDE MEDICAL SERVICES DISPUTE › Section 438-016-0005 - Request for Board Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 request for Board review of a Director's order finding no bona fide medical
			 services dispute shall be filed in accordance with OAR
			 438-005-0046(1).
(2) Copies of a
			 request for Board review of the Director's order should be simultaneously
			 mailed to the Director, all parties to the Director's order, and to their
			 attorneys, if represented by an attorney. The request should recite the name of
			 the claimant, the identity of the party requesting review and contain a brief
			 statement of the reason review is requested. However, the failure to comply
			 with this section shall not be cause for dismissal of the request for
			 review.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.327(1)(b)
				  & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 16 - BOARD REVIEW OF DIRECTOR'S ORDER FINDING NO BONA FIDE MEDICAL SERVICES DISPUTE › Section 438-016-0010 - Acknowledgment of Request for Review; Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall notify the parties and
			 the Director of its receipt of the request for review. This acknowledgment
			 shall also notify the parties of the implementation of a briefing schedule
			 which will become effective upon the Director's mailing of the
			 record.
(2) Not later than 30 days
			 after mailing of the Board's acknowledgment, the Director shall file with the
			 Board a certified copy of the entire record, including an index of all items
			 contained in the record. The Director shall simultaneously mail to the parties,
			 or where a party is represented by an attorney, the party's attorney, a
			 certified copy of the record.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  656.327(1)(b)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 16 - BOARD REVIEW OF DIRECTOR'S ORDER FINDING NO BONA FIDE MEDICAL SERVICES DISPUTE › Section 438-016-0015 - Scope of Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Review by
			 the Board shall be for substantial evidence in the record in accordance with
			 ORS 656.327(1)(b).
			 The Board shall set aside or remand the order only if it finds that the order
			 is not supported by substantial evidence in the record.
(2) The Board will not ordinarily entertain
			 oral argument. All issues and arguments should be reduced to writing and filed
			 pursuant to OAR 438-016-0020. The case will be reviewed in the ordinary course
			 of business without prior notice to the Director or the parties of the date or
			 time of review.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.327(1)(b)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 16 - BOARD REVIEW OF DIRECTOR'S ORDER FINDING NO BONA FIDE MEDICAL SERVICES DISPUTE › Section 438-016-0020 - Briefs and Other Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Filing of briefs is not jurisdictional; however the Board views briefs as a
			 significant aid to the review process. Briefs submitted for consideration by
			 the Board shall comply with this section.
(2) Briefs shall be filed in accordance with
			 OAR 438-011-0020(2), except that the briefing schedule shall begin upon the
			 date of mailing of the Director's certified copy of the record to the
			 Board.
(3) Requests for extensions
			 of time for filing of briefs will be processed in accordance with OAR
			 438-011-0020(3).
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.327(1)(b),
				  ORS 656.726(4), ORS
				  656.327(1)(b)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 16 - BOARD REVIEW OF DIRECTOR'S ORDER FINDING NO BONA FIDE MEDICAL SERVICES DISPUTE › Section 438-016-0025 - Board Decision; Reconsideration; No Further Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board's decision shall be mailed to
			 the Director, all parties, and their attorneys.
(2) Upon its own motion or the request of any
			 interested party, within 30 days after a final decision of the Board, the Board
			 may withdraw its decision for reconsideration. On reconsideration, the Board
			 may affirm its previous decision, issue a new order or make such other
			 disposition of the case as it deems justified pursuant to ORS
			 656.327(1)(b).
(3) An order on reconsideration shall contain
			 the following notice:
"NOTICE TO ALL PARTIES: This order is final and is not
				subject to further reconsideration or review by any other court or
				administrative agency."
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.327(1)(b)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 19 - MEDIATION › Section 438-019-0000 - Special Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Mediation. Mediation is a voluntary process for resolving disputes by which an
			 independent neutral third person, in the role of mediator, assists two or more
			 parties to a controversy in reaching a mutually acceptable resolution. For
			 purposes of OAR division 019, mediation does not pertain to dispute resolution
			 governed by ORS 656.307(6).
(2) Mediator. A mediator is an independent
			 neutral third person whose role is to assist the parties in resolving their
			 dispute by mutual agreement. The mediator has no authority to decide the
			 outcome of the controversy or to force settlement upon the parties. The
			 mediator, for purposes of these rules, is an employee of the Workers'
			 Compensation Board, with the authority of an Administrative Law Judge, who
			 satisfies the qualifications prescribed in OAR 438-019-0010(1) and
			 (2).
(3) Party. For purposes of OAR
			 438 division 019, party means any person identified in OAR 438-005-0040(11)  and
			 any other person identified by the mediator as necessary to the
			 mediation.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.012(2)(b),
				  ORS 656.283(1), ORS
				  656.283(9)
				  & ORS 656.289(4).
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 19 - MEDIATION › Section 438-019-0010 - Mediator Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 mediator shall have completed at least 30 hours of basic mediation training and
			 hold a certificate demonstrating such training.
(2) Such training described in section (1) of
			 this rule shall address the following areas:
(a) Active listening, empathy and
			 validation;
(b) Sensitivity to and
			 awareness of cross-cultural issues;
(c) Maintaining neutrality;
(d) Identifying and reframing interests and
			 issues;
(e) Establishing trust and
			 respect;
(f) Using techniques to
			 achieve agreement and settlement, including creating a climate conducive to
			 resolution, identifying options, working toward agreement, and reaching
			 consensus;
(g) Shaping and writing
			 agreements; and
(h) Ethical
			 standards for mediator conduct adopted by state and national
			 organizations.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 19 - MEDIATION › Section 438-019-0020 - Standards of Mediator Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Mediators have duties to the parties, to their profession, and to themselves.
			 They should be honest and unbiased, act in good faith, be diligent, and never
			 seek to advance their own interests at the expense of the parties.
(2) The mediator must maintain impartiality
			 toward all parties. Impartiality means a commitment to serve all mediation
			 parties as opposed to a single party. The mediator should disclose to the
			 parties any affiliations which the mediator may have with any participant and
			 obtain all parties' consent to proceed as mediator.
(3) The mediator has an obligation to assure
			 that all parties understand the nature of the mediation process, the procedures
			 to be utilized, and the particular role of the mediator. Each party's consent
			 to proceed with mediation should be obtained early, prior to the beginning of
			 substantive negotiations.
(4) The
			 mediator shall inform the parties of their rights to withdraw from mediation at
			 any time and for any reason. If the mediator believes that the parties are
			 unable or unwilling to participate effectively in the mediation process, the
			 mediator should suspend or terminate the mediation. If the parties reach a
			 final impasse, the mediator should not prolong unproductive
			 discussions.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.012(2)(b),
				  ORS 656.283(1), ORS
				  656.283(9)
				  & ORS 656.289(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 19 - MEDIATION › Section 438-019-0030 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless there is
			 a written agreement otherwise, any communication made in mediation which
			 relates to the controversy being mediated is confidential.
(2) The mediator shall create and maintain a
			 separate mediation file. All memoranda, work product, and other materials
			 contained in the mediation file are confidential.
(3) The names and case numbers of cases for
			 which mediation has been requested and the outcomes of those mediations are not
			 confidential.
(4) Any mediation
			 agreement that requires approval by the Administrative Law Judge who mediated
			 the agreement or the Board pursuant to ORS Chapter 656 and OAR Chapter 438
			 shall not be confidential.
(5)
			 Statements, memoranda, materials, and other tangible evidence that are subject
			 to discovery under the Board's Rules of Practice and Procedure are not
			 confidential unless they were prepared specifically for use in
			 mediation.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.012(2)(b),
				  656.283(1),
				  656.283(9)
				  & 656.289(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 19 - MEDIATION › Section 438-019-0040 - Standards of Conduct for Attorneys and Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Attorneys representing parties in
			 mediation shall know the facts, the applicable law and the issues involved in
			 their case, and understand the interests and needs of their clients which may
			 affect the mediation process.
(2)
			 Attorneys representing parties in mediation shall come to the mediation with
			 authority to settle the issues or bring with them that person or those persons
			 who have such authority.
(3) By
			 consenting to mediation, all parties agree to bargain in good faith.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.012(2)(b),
				  ORS 656.283(1), ORS
				  656.283(9)
				  & ORS 656.289(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 19 - MEDIATION › Section 438-019-0050 - Requests for Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 parties shall notify the Presiding Administrative Law Judge or designee of
			 their desire to mediate their controversy. The parties may select a mediator
			 from an approved list maintained by the Hearings Division. If the parties do
			 not indicate a choice of mediator or cannot agree, a mediator may be selected
			 by the Presiding Administrative Law Judge or designee.
(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
				  656.726(4)
Stats. Implemented: ORS
				  656.012(2)(b),
				  ORS 656.283(1), ORS
				  656.283(9)
				  & ORS 656.289(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 19 - MEDIATION › Section 438-019-0060 - Settlement Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 resolution involving matters arising under ORS Chapter 656 that is reached by
			 the parties shall be reduced to writing and shall comply with the requirements
			 set forth in OAR Chapter 438.
(2)
			 The parties may, by agreement, resolve issues that arise outside the scope of
			 ORS Chapter 656 and reduce those agreements to writing. Such agreements,
			 however, shall be separate from any agreement resolving the workers'
			 compensation issues and shall not be enforceable by the Workers' Compensation
			 Board.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.012(2)(b),
				  ORS 656.283(1), ORS
				  656.283(9)
				  & ORS 656.289(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 20 - INTERPRETERS › Section 438-020-0001 - Special Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division:
(1) "Certified interpreter" means an
			 interpreter who has been certified under ORS
			 45.291;
(2) "Disabled person" means a person who
			 cannot readily understand the proceedings because of deafness or a physical
			 hearing impairment, or cannot communicate in the proceedings because of a
			 physical speaking impairment;
(3)
			 "Interpreter Services Coordinator" (ISC) means a Board employee who is
			 responsible for coordinating procedures regarding the identification,
			 appointment, notification, and removal of interpreters, and who, when
			 designated by an Administrative Law Judge, is responsible for appointing an
			 interpreter.
(4) "Non-English
			 speaking person" means a person who, by reason of place of birth or culture,
			 speaks a language other than English and does not speak English with adequate
			 ability to communicate effectively in the proceedings;
(5) "Qualified interpreter" means a person
			 who is readily able to communicate with the non-English speaking person and who
			 can orally transfer the meaning of statements to and from English and the
			 language spoken by the non-English speaking person. A qualified interpreter
			 must be able to interpret in a manner that conserves the meaning, tone, level,
			 style and register of the original statement, without additions or omissions.
			 "Qualified interpreter" does not include any person who is unable to interpret
			 the dialect, slang or specialized vocabulary used by the party or witness. In
			 proceedings involving a "disabled person," a "qualified interpreter" means a
			 person who is readily able to communicate with the disabled person, interpret
			 the proceedings and accurately repeat and interpret the statements of the
			 disabled person to the ALJ.
Stat. Auth.: ORS
				  656.726(5) & ORS
				  183.310 -- ORS
				  183.400
Stats. Implemented: ORS
				  656.726(5), ORS
				  45.273, ORS
				  45.275, ORS
				  45.285 & ORS
				  45.288
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 20 - INTERPRETERS › Section 438-020-0005 - ALJ Designation

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS 45.275(1), an Administrative Law Judge (ALJ) is
				empowered to appoint qualified interpreters in hearings over which they
				preside. The ALJ may designate the Hearings Division's Interpreter Services
				Coordinator (ISC) or another designee to appoint the interpreter.
Statutory/Other Authority: ORS 656.726(5) & 183.310 -
				  183.400
Statutes/Other Implemented: ORS 656.726(5), 45.273, 45.275,
				  45.285 & 45.288
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 20 - INTERPRETERS › Section 438-020-0010 - Notice of Need for and Appointment of Interpreter

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a party or a party's attorney
			 determines that an interpreter is needed, the attorney, or an unrepresented
			 claimant, shall immediately notify the Hearings Division's ISC. Notification is
			 preferred by means of the Board's website portal
			 (https://portal.wcb.oregon.gov), website Online Services page
			 (www.wcb.oregon.gov [File Link Not Available]), mail, or FAX, although
			 telephonic notification will be accepted. Notification should contain:
(a) The claimant's name;
(b) The WCB case number;
(c) The insurer claim number;
(d) The date, time and location of the
			 hearing;
(e) The assigned ALJ;
			 and
(f) The specific interpretation
			 needs, such as the language and dialect, the need for multiple interpreters and
			 the anticipated length of the proceeding if it is reasonably expected to last
			 more than two hours;
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 20 - INTERPRETERS › Section 438-020-0015 - Removal of Interpreter

Current through Register Vol. 63, No. 7, July 1, 2024
After the appointment of an interpreter, the ALJ shall remove
				the interpreter and another interpreter shall be appointed if, at any time
				prior to or during the hearing, the ALJ determines that:
(1) The appointed interpreter has a conflict
			 of interest with the ALJ, any party, attorney or witness;
(2) The appointed interpreter is unable to
			 adequately interpret and/or is unable to understand or be understood by the
			 ALJ, a party, an attorney or a witness;
(3) The appointed interpreter is unable or
			 unwilling to cooperate with the ALJ, a party, an attorney or a witness;
			 or
(4) Other good cause exists, in
			 the discretion of the ALJ, to remove the appointed interpreter.
Stat. Auth.: ORS
				  656.726(5) & ORS
				  183.310 -- ORS
				  183.400
Stats. Implemented: ORS
				  656.726(5), ORS
				  45.273, ORS
				  45.275, ORS
				  45.285 & ORS
				  45.288
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 20 - INTERPRETERS › Section 438-020-0020 - Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
When a party or a party's attorney becomes aware that
				interpreter services are no longer needed, the attorney for the party, or the
				unrepresented party, shall immediately notify the assigned
				ALJ.
Stat. Auth.: ORS
				  656.726(5) & ORS
				  183.310 -- ORS
				  183.400
Stats. Implemented: ORS
				  656.726(5), ORS
				  45.273, ORS
				  45.275, ORS
				  45.285 & ORS
				  45.288
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 21 - BOARD MEETINGS › Section 438-021-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish a standard procedure
				for regular open meetings of the Workers' Compensation Board. With the
				exception of its review of contested cases and any other confidential or
				privileged matter, it is the specific intent of the Board to make the public
				aware of its deliberations, decisions, and the information upon which such
				decisions are made.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 21 - BOARD MEETINGS › Section 438-021-0010 - Regularly Scheduled Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In consultation with the Board and in accordance with ORS
			 192.610 to
			 192.690, the Chairperson shall
			 establish the time, date, and place for the Board or Committees of the Board to
			 meet. In any event, the Chairperson shall call a meeting of the Board:
(a) Within 30 days of adoption of this
			 rule;
(b) Within 30 days of a
			 reconstitution of the Board;
(c)
			 Within 30 days of written notice from a majority of Board Members that a Board
			 meeting must be held; and
(d) At
			 least once within every quarter of the calendar year.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 21 - BOARD MEETINGS › Section 438-021-0015 - Duties of the Chairperson

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Chairperson, or the Board Members calling the meeting, shall prepare the agenda
			 for each meeting.
(2) The order of
			 business for Board meetings shall be as follows:
(a) Call to order;
(b) Approval of the agenda and order of
			 business;
(c) Approval of minutes
			 of the previous meetings;
(d)
			 Reports of the administrative staff;
(e) Any unfinished business;
(f) New business;
(g) Public comment;
(h) Announcements; and
(i) Adjournment.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 21 - BOARD MEETINGS › Section 438-021-0020 - Consultation of the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Chairperson shall consult with the Board on all matters requiring such
			 consultation under ORS
			 656.001 to
			 656.990 during meetings as set
			 forth in these rules.
(2) These
			 consultations shall be made prior to any decision by the Chairperson.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 22 - RULEMAKING PROCEDURES › Section 438-022-0005 - Adoption of Attorney General's Model Rules

Current through Register Vol. 63, No. 7, July 1, 2024
To the extent that the following rules are applicable to the
				Workers' Compensation Law (Chapter 656), the Board hereby adopts by reference
				OAR 137-001-0005  through 137-001-0100  (Attorney General's Model Rules for
				Rulemaking), as adopted by the Department of Justice effective January 1,
				2008.
Stat. Auth.: ORS
				  656.726(5)
				  & 654.025(2)
Stats. Implemented: ORS
				  183.341(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 22 - RULEMAKING PROCEDURES › Section 438-022-0010 - Notice of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 to adoption, amendment or repeal of any administrative rule, other than a
			 temporary rule adopted under ORS
			 183.335(5), the
			 Board shall give notice of the intended action:
(a) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the intended action;
(b) By mailing a copy of the notice to
			 persons on the Board's mailing list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the intended action;
(c) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the intended action; and
(d) By mailing or furnishing a copy of the
			 notice to:
(A) The Oregonian;
(B) The Associated Press; and
(C) The Capitol Press Room.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0000 - Statutory Authority; Adoption Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The statutory authority for the adoption
			 of these rules is ORS
			 656.726(5) and
			 147.155.
(2) These rules are adopted in accordance
			 with ORS Chapter 183 and the Attorney General's Model Rules of Procedure
			 applicable to rulemaking sanctions.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0005 - Applicability; Effective Date; Repeal of Prior Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules apply to victims or
			 dependents of deceased victims who apply for compensation under the
			 Compensation Act for Victims of Crime (ORS Chapter 147 and OAR 137-076-0005,
			 et. seq.)
(2) These rules are
			 effective September 1, 1986, and apply to all appeals pending at that time,
			 regardless of the the date of injury.
(3) OAR 438-082-0000  through 438-082-0055,
			 effective May 1, 1978 are hereby repealed.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Applicant"
			 means any person who applies to the Department for Compensation under the
			 Compensation Act for victims of Crime (ORS Chapter 147 and OAR 137-076-0005  et
			 seq.).
(2) "Board" means the
			 Workers' Compensation Board.
(3)
			 "Department" means the Department of Justice.
(4) "Interested person" means an applicant,
			 the Department and any other persons named and admitted as a full participant
			 in an appeal.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0015 - Request for Review by Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The request for Board review of a decision of the Department shall be in
			 writing, signed by the applicant and mailed to the Board at 2601 25th Street
			 SE, Suite 150, Salem, Oregon 97302-1282, and shall contain the applicant's
			 mailing address and telephone number, if applicant has a telephone.
(2) The request for Board review should
			 contain a brief statement of the reasons the applicant disagrees with the
			 decision of the Department; however, the failure of an applicant to comply with
			 this subsection shall not be cause for dismissal of the request for
			 review.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0020 - Notification of Department; Premature Request for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall forthwith notify the
			 Department in writing of the request for review and shall mail a copy of the
			 request for review to the Department. If the Department has not yet
			 reconsidered its initial order under the provisions of ORS
			 147.145, the request for review
			 shall be deemed to be a request for reconsideration by the Department. Upon
			 receipt from Board of such a premature request for review, the Department shall
			 forthwith notify the Board and the applicant and shall proceed to reconsider
			 the order pursuant to
			 147.145.
(2) The Department may file a response to the
			 request for review.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0025 - Acknowledgement of Request for Review; Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall forthwith notify the
			 applicant of its receipt of the request for review. The notice shall direct the
			 applicant to inform the Board not later than 15 days after the mailing of the
			 record by the Department whether the applicant requests a fact finding hearing
			 and, if a hearing is requested, what findings of fact, conclusions or portions
			 of the Department's order are contested.
(2) Not later than 15 days after mailing of
			 notification of the request for review to the Department, the Department shall
			 file with the Board a certified copy of the entire Department record, including
			 an index of all items contained in the record. The Department shall
			 simultaneously mail to the applicant a certified copy of the record, except
			 that any material deemed confidential by the Department may be excluded from
			 the copy of the record mailed to the applicant. If confidential material in
			 excluded from the copy of the record mailed to the applicant, the applicant
			 shall be informed that material has been excluded from the applicant's copy of
			 the record on the basis of its confidentiality.
(3) Upon receipt and review of the record,
			 the Board may release additional material to the applicant or may declare
			 additional material confidential.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0030 - Standard of Review; Review Without Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The standard of review by the Board shall
			 be de novo upon the entire record.
(2) If the applicant does not request a fact
			 finding hearing within 15 days of the mailing of the record, the review shall
			 be confined to the record filed by the Department and any written argument
			 filed by the interested parties. The applicant's written argument, if any, must
			 be filed with the Board not later than 30 days after the mailing of the record
			 to be considered. The Department shall be allowed 15 days from the filing of
			 the applicant's written argument to file its response, or, of the applicant
			 files no written argument, the Department's written argument, if any, shall be
			 filed not later than 45 days after the mailing of the record.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0035 - Fact Finding Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the applicant requests a fact finding hearing, the Board may appoint a special
			 hearings officer to preside over the hearing.
(2) Any person considered necessary by the
			 Board or its special hearings officer for a full determination of all issues
			 shall be joined as a party to the hearing.
(3) The Board or its special hearings officer
			 shall give not less than ten (10) days written notice of the hearing to all
			 interested parties.
(4)
			 Postponement of a scheduled hearing shall be requested as soon as possible and
			 may be allowed by the Board or it special hearings officer upon reasonable
			 justification. A special hearings officer may postpone a hearing at the
			 convenience of the Board. Postponed hearings shall be rescheduled upon not less
			 than ten (10) days written notice to all interested parties.
(5) The hearing shall be held at Salem,
			 Oregon, unless in the judgment of the Board the holding of the hearing at some
			 other place would avoid undue hardship to an interested party.
(6) A prehearing conference may be conducted
			 by the Board or its special hearings officer for the purpose of simplifying and
			 clarifying the issues or expediting the proceeding. A prehearing conference may
			 be conducted by telephone conference call.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0045 - Board Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 cases in which the Board's decision is made upon a review of the record and
			 written argument only, the Board will issue its decision in writing within a
			 reasonable time. The decision shall be mailed to all interested
			 parties.
(2) In cases in which a
			 hearing is held, the Board shall within 30 days of receipt of the record from
			 the special hearings officer review the record together with the findings of
			 fact, conclusions and proposed order. Unless sooner withdrawn or modified by
			 the Board, the findings of fact, conclusions and proposed order of the Board's
			 special hearings officer shall be a final order of the Board 30 days after the
			 filing of the proposed order with the Board and mailing to interested parties
			 pursuant to OAR 438-082-0040(5).
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0050 - Reconsideration; No Further Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon its own motion or the request of any interested party, within 30 days
			 after a final decision of the Board the Board may withdraw its decision for
			 reconsideration. On reconsideration, the Board may affirm its previous
			 decision, issue a new order or make such other disposition of the case as it
			 deems justified.
(2) An order on
			 reconsideration shall contain the following notice:
"Notice to all parties: This order is final and is not
				subject to further reconsideration or administrative or judicial
				review."
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & ORS
				  656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 82 - RULES OF PRACTICE AND PROCEDURE FOR APPEALS UNDER THE COMPENSATION ACT FOR VICTIMS OF CRIME › Section 438-082-0055 - Representation by Counsel; Charging of Fee Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall be represented in
			 all proceedings under these rules by the Department of Justice.
(2) Any other interested party may be
			 represented by an attorney who is member of the Oregon State Bar.
(3) No applicant shall be charged any fee for
			 any purpose, including legal representation, in any proceeding under these
			 rules. (ORS 147.315.)
Stat. Auth.: ORS
				  183.310 - ORS
				  183.410, ORS
				  147.155(5)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  147.155 & 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 438-085-0006 - Scope; Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules (OAR 438-085-0006  to 438-085-0870) govern practice and procedure for all
			 contested cases under the Act.
(2)
			 These rules are authorized by the Act and by ORS Chapters 656 and
			 183.
(3) The model rules of
			 procedure adopted by the Attorney General pursuant to ORS
			 183.341 shall not apply to
			 contested cases under the Act.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025(2)
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 438-085-0010 - Effective Date; Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are effective March 1, 1998 and shall apply to all
				requests for hearing pending on or after that date.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  654.025(2)
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 438-085-0017 - Board Policy; Liberal Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the policy of the Board to provide
			 for the prompt and fair disposition of contested cases, encourage settlements,
			 formal and informal, consistent with the purposes of the Act, and provide an
			 impartial forum for hearings on cases that cannot be resolved between the
			 parties.
(2) These rules shall be
			 liberally construed to carry out the policy of the Board and the purposes of
			 the Act.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025(2)
				  & ORS 654.003
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 438-085-0021 - Number

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the singular includes the
				plural and the plural includes the singular.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025(2)
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 438-085-0111 - Form and Content of Request For Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for hearing does not have to be
			 in any special form, but it must:
(a)
			 Identify the particular citation, notice or order that is appealed from, and
			 the person to whom it was issued;
(b) Specify each alleged violation, penalty,
			 correction order, or other OR-OSHA action that is contested;
(c) State the grounds upon which the request
			 for hearing is based; and
(d)
			 Clearly indicate whether the requesting party wants to participate in OR-OSHA's
			 informal settlement process.
(e)
			 Clearly indicate whether the period of time fixed for correction of a serious
			 violation is being contested.
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 438-085-0116 - Where to File a Request For Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
All requests for hearing shall be filed with the Department of
				Consumer and Business Services, and should be directed to the Oregon
				Occupational Safety and Health Division at 350 Winter St. NE, Room 430, Salem,
				Oregon 97310, or with any permanently staffed office of the Workers'
				Compensation Board or OR-OSHA.
Stat. Auth.: ORS
				  654.025(2)
Stats. Implemented: ORS
				  654.025(2)
				  & ORS 654.078(1)
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 438-085-0131 - Computing Time Periods

Current through Register Vol. 63, No. 7, July 1, 2024
Time periods required or allowed by the Act or these rules
				shall be computed in calendar days. The first full day after the time begins to
				run is counted as the first day. If the last day is a Saturday, Sunday, or
				State holiday, the period runs until the end of the next business
				day.
Stat. Auth.: ORS
				  183.335 & ORS
				  656.726(5)
Stats. Implemented: ORS
				  654.025(2)
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 438-085-0141 - Untimely Requests For Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If OR-OSHA alleges that a request for hearing was not filed timely, the case
			 shall promptly be transmitted to the Hearings Division for a determination of
			 that issue.
(2) If an
			 Administrative Law Judge finds that a request for hearing was not filed timely,
			 and that the Hearings Division lacks jurisdiction to grant a hearing on the
			 merits of the case, the Administrative Law Judge shall issue an order
			 dismissing the request for hearing.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078(1-3)
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 438-085-0200 - Special Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of mediations conducted by the Board, unless
				the context otherwise requires, the following definitions apply:
(1) Mediation. A voluntary process for
			 resolving disputes by which a mediator assists two or more parties to a
			 controversy in reaching a mutually acceptable resolution.
(2) Mediator. An Administrative Law Judge
			 whose role is to assist the parties in resolving their dispute by mutual
			 agreement. The mediator has no authority to decide the outcome of the
			 controversy or to force settlement upon the parties.
(3) Party. For purposes of OAR 438-085-0200  through 438-085-0260, "party" means any person identified in 438-085-0026(18)
 
			 and any other person identified by the mediator as necessary to the
			 mediation.
Stat. Auth: ORS
				  654.025(2)
				  & 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 438-085-0210 - Mediator Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 mediator shall have completed at least 30 hours of basic mediation training and
			 hold a certificate demonstrating such training.
(2) Such training shall address the following
			 areas as outlined in OAR 718-040-0040(3):
(a)
			 Active listening, empathy and validation;
(b) Sensitivity to and awareness of
			 cross-cultural issues;
(c)
			 Maintaining neutrality;
(d)
			 Identifying and reframing interests and issues;
(e) Establishing trust and respect;
(f) Using techniques to achieve agreement and
			 settlement, including creating a climate conducive to resolution, identifying
			 options, working toward agreement, and reaching consensus;
(g) Shaping and writing agreements;
			 and
(h) Ethical standards for
			 mediator conduct adopted by state and national organizations.
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 438-085-0216 - Untimely Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If OR-OSHA
			 alleges that an appeal was not timely filed, the case shall be referred to the
			 Hearings Division to give the parties an opportunity for a hearing on that
			 issue, upon the request of one or more parties.
(2) If an Administrative Law Judge finds that
			 an appeal was not timely filed, and that the Hearings Division lacks
			 jurisdiction to grant a hearing on the merits of the case, the referee shall
			 issue an order dismissing the appeal.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  654.025 & ORS
				  654.078(1-3)
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 438-085-0220 - Standards of Mediator Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Mediators have duties to the parties, to their profession, and to themselves.
			 They shall be honest and unbiased, act in good faith, be diligent, and never
			 seek to advance their own interests at the expense of the parties.
(2) The mediator must maintain impartiality
			 toward all parties. Impartiality means a commitment to serve all mediation
			 parties as opposed to a single party. The mediator shall disclose to the
			 parties any affiliations which the mediator may have with any participant and
			 obtain all parties' consent to proceed as mediator.
(3) The mediator has an obligation to assure
			 that all parties understand the nature of the mediation process, the procedures
			 to be utilized, and the particular role of the mediator. Each party's consent
			 to proceed with mediation should be obtained early, prior to the beginning of
			 substantive negotiations.
(4) The
			 mediator shall inform the parties of their rights to withdraw from mediation at
			 any time and for any reason. If the mediator believes that the parties are
			 unable or unwilling to participate effectively in the mediation process, the
			 mediator should suspend or terminate the mediation. If the parties reach a
			 final impasse, the mediator should not prolong unproductive
			 discussions.
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 438-085-0240 - Standards of Conduct for Representatives and Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party may attend a mediation personally
			 or through a representative.
(2) A
			 party or its representative shall come to the mediation with authority to
			 settle the issues, or bring with them or otherwise make available that person
			 or those persons who have such authority.
(3) By consenting to mediation, all parties
			 and their representatives agree to bargain in good faith.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 654.078
Stats. Implemented: ORS
				  183.502