reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0500 - Definitions for Wage Security Fund Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				839-001-0500 to
				839-001-0560 unless the context
				requires otherwise:
(1) "Assets"
			 include real and personal property of whatsoever nature, excluding such
			 property which the employer has a right to claim exempt.
(2) "Bureau" means Bureau of Labor and
			 Industries.
(3) "Commissioner"
			 means the Commissioner of the Bureau of Labor and Industries.
(4) "Division" means the Wage and Hour
			 Division of the Bureau of Labor and Industries.
(5) "Employee" has the same meaning given it
			 in ORS 652.310(2),
			 except "employee" does not include a principal officer or director of a
			 corporation who is also a stockholder.
(6) "Employer" has the same meaning given it
			 in ORS 652.310(1).
(7) "Final Order" means final agency action
			 expressed in writing as required by OAR
			 839-050-0420 or OAR
			 839-050-0430.
(8) "Fringe Benefits" means the amount of
			 compensation which accompanies or is in addition to a person's regular salary
			 or wages and includes, but is not limited to, payment for profit sharing plans,
			 retirement or pension plans, insurance, sick leave, holidays, severance, or
			 vacation.
(9) "Fund" means the Wage
			 Security Fund established by ORS
			 652.409(1);
			 income earned on moneys in the Wage Security Fund, as provided for in
			 652.409(1); amounts recovered by the Commissioner on wage claims paid out of
			 the "Fund"; and amounts of eligible wage claim payments which are disallowed
			 because of the inability to locate the wage claimant.
(10) "Judgment" has the definition set forth
			 in ORS 18.005.
(11) "Promptly," as used in OAR
			 839-001-0500 to
			 839-001-0560, means the next
			 regular payday established by the employer, or 35 days from the last payday,
			 whichever is sooner.
(12)
			 "Successor" means one who follows an employer in ownership or control of a
			 business so far as such employer has not paid employees in full. A successor
			 employer may be any successor to the business of any employer, or any lessee or
			 purchaser of any employer's business property for the continuation of the same
			 business.
(13) "Wage Claim" has the
			 same meaning given it in ORS
			 652.320(7).
			 However, in the case of claims against the Fund, "wage claim" refers to actual
			 wages earned only. It does not include any other item of compensation
			 considered to be a fringe benefit, nor does it include any damages, civil
			 penalties or interest otherwise provided by law.
Statutory/Other Authority: ORS
				  652.414(6)
				  & ORS 652.414
Statutes/Other Implemented: House Bill 2818,
				  2021
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0510 - Eligibility for Wage Payment from the Wage Security Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employee is eligible for the payment
			 of a wage claim from the Fund when the Commissioner makes the following
			 determinations:
(a) The employer has ceased
			 doing business in Oregon; and
(b)
			 The employer is without sufficient assets to fully and promptly pay the wage
			 claim at the cessation of doing business; and
(c) The wage claim cannot otherwise be fully
			 and promptly paid; and
(d) The wage
			 claim is valid; and
(e) The amount
			 claimed was earned within 60 days of the date of the cessation of business or
			 if the claimant filed a wage claim before the cessation of business, the amount
			 claimed was earned within 60 days before the last day the claimant was
			 employed.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0515 - Factors to Be Considered in Making Determinations Related to Eligibility for Payment from the Wage Security Fund When Employer Has Closed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining
			 that an employer has ceased doing business the Commissioner may consider:
(a) Whether the business premises are no
			 longer occupied by the employer;
(b) Whether business operations are being
			 conducted;
(c) Whether customers of
			 the employer are being served;
(d)
			 Whether the employer is employing employees;
(e) Any other information indicating whether
			 the business has ceased its operations.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0520 - Amount of Claim to Be Paid from the Wage Security Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in sections (3) and
			 (4) of this rule, after a wage claim is determined to be eligible for payment
			 from the Fund, the amount to be paid shall be:
(a) The unpaid amount of wages earned within
			 60 days before the date of the cessation of business; or
(b) If the claimant filed a wage claim before
			 the cessation of business, the unpaid amount of wages earned within 60 days
			 before the last day the claimant was employed.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0525 - Priority of Payments from the Fund

Current through Register Vol. 63, No. 7, July 1, 2024
The Bureau shall pay from or encumber the Fund, on a monthly
				basis, the administrative and operating expenses incurred while carrying out
				the provisions of ORS
				652.414, and these rules before
				paying wage claims.
Stat. Auth.: ORS
				  652.414(6)
Stats. Implemented: ORS
				  652.414
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0530 - Fund Amount Available for Claim Payment: Prorating Claims When Insufficient Funds are Available

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the amount in the Fund is determined to be insufficient to pay in full all
			 accumulated wage claims determined to be eligible for payment, such wage claims
			 will be prorated.
(2) The
			 computation of prorated amount shall be made according to the following
			 formula:
(a) Amount Available for Payments
			 divided by Total Amount of Eligible Wage Claims = Z
(b) Eligible Amount of Individual Wage Claim
			 times Z = Prorated Amount to be Paid to Wage Claimant
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0550 - Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When it
			 has been determined that an employer has ceased doing business in Oregon, the
			 Division shall approve or deny payment from the Fund within 30 days of the date
			 the completed wage claim has been filed or the employer has ceased doing
			 business, whichever is later. At the Division's discretion, the 30 day time
			 period may be extended to 45 days.
(2) When the Commissioner obtains a judgment
			 or issues a final order allowing the claimant to be paid from the Fund and the
			 amount due is not paid upon demand by the Commissioner, the Division shall
			 approve payment from the Fund within 30 days of the date after all appeals of
			 the judgment or final order have been exhausted or the wage claimant has
			 provided all necessary documents to proceed, whichever is later. At the
			 Division's discretion, the 30 day time period may be extended to 45
			 days.
(3) Payments from the Fund
			 for wage claims shall be made not less than once in any month.
(4) It is the responsibility of the employee
			 to provide and keep the Division advised of the employee's current mailing
			 address and telephone number and the name, mailing address, and telephone
			 number of another individual who will generally always be able to advise the
			 Division of the employee's whereabouts and current address and phone
			 number.
(5) The Division will mail
			 payments from the Fund to the last known address of the employee as reflected
			 in the Division's records. If the mail is returned, the Division will make one
			 attempt to locate the employee by contacting the individual reflected in the
			 Bureau's records as the person who will generally always know the employee's
			 whereabouts.
(6) If the employee
			 cannot be located within 45 days after the payment was first mailed to the
			 employee's last known current address as reflected in the Division's records,
			 the wage claim shall be disallowed as eligible for payment from the Fund and
			 the amount of the payment shall revert and be irrevocably added back into the
			 Fund.
(7) Notwithstanding the
			 provisions of section (5) of this rule, an employee whose claim has been
			 disallowed because the employee could not be located within the time provided
			 for in section (5) of this rule may refile the wage claim with the Division;
			 provided, however, that such refiled wage claim shall be deemed and treated for
			 all purposes as a newly filed wage claim.
Statutory/Other Authority: ORS
				  652.414(6)
Statutes/Other Implemented: ORS
				  652.414 & House Bill 2818,
				  2021
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0560 - Recovery from Employers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commissioner may perfect a security interest in the personal property of the
			 employer in the amount of the sums paid from the Fund on a wage claim and in an
			 additional amount of the penalty provided for in ORS
			 652.414(3).
(2) The penalty provided in ORS
			 652.414(3) of
			 25 percent of the amount of wages paid from the Wage Security Fund or $200,
			 whichever amount is greater, shall be calculated based on the amount paid to
			 each employee from the Wage Security Fund.
(3) Action to perfect a security interest
			 shall be taken in accordance with ORS
			 652.414(3) and
			 (4).
Stat. Auth.: ORS
				  652.414(6)
Stats. Implemented: ORS
				  652.414
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0710 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The civil
			 penalty provisions become effective on the following dates:
(a) The civil penalty provisions of ORS
			 652.710 for violations of
			 652.710(1) are effective September 29, 1991;
(b) The civil penalty provisions of ORS
			 652.710 for violations of
			 652.710(3) are effective July 1, 1992.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0720 - Notification of Termination of Group Health Insurance Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 employer receives notice from a contractor or insurer who is providing or has
			 provided the employer with a group health insurance policy that the policy is
			 terminated by the insurer and when the employer does not replace the group
			 health insurance coverage with another group health insurance policy, the
			 employer shall notify all employees who were covered under the terminated
			 policy.
(2) The employer shall
			 notify the employees in writing no later than ten working days from the date
			 the employer has received notice from the contractor or insurer that the group
			 health insurance policy is terminated.
(3) The employer shall deliver the notice to
			 each employee who was covered by the terminated group health insurance policy
			 as follows:
(a) The employer shall deliver
			 the notice to each employee affected in person; or
(b) The employer shall deliver the notice to
			 each employee affected by mailing the notice to the employee's home address as
			 recorded in the employer's records.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0730 - Record to be Kept/Availability of Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The employer shall keep and make
			 available for inspection by the Commissioner of the Bureau of Labor and
			 Industries or representatives of the commissioner the following documents:
(a) A true copy of the notice delivered to
			 employees pursuant to these rules;
(b) If the notice was mailed, the certificate
			 of mailing for each employee to whom a notice was mailed;
(c) If the notice was distributed in person,
			 a written acknowledgement, signed by the employee, that the employee received
			 the notice.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0740 - Employee Notification Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of complying with ORS
			 652.710(3) and
			 OAR 839-001-0720, there is no
			 specific form required. The document used by the employer to notify its
			 employees must contain all the information provided for in OAR
			 839-001-0720(6).
(2) When the form supplied to the employer by
			 the contractor or insurer contains the required information and when an exact
			 and clearly legible copy of the form is delivered to employees within the time
			 required in ORS 652.710(3) and
			 OAR 839-001-0720(3),
			 the notification requirements are satisfied.
Stat. Auth.: ORS
				  652.710(7)
				  & 652.710(11)
Stats. Implemented: ORS
				  652.710
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0760 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
Each violation of ORS
				652.710(1) and
				(3) is a separate and distinct offense. In
				the case of continuing violations, each day's continuance is a separate and
				distinct violation.
Stat. Auth.: ORS
				  652.710(7)
				  & 652.710(11)
Stats. Implemented: ORS
				  183.090 &
				  652.710
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0770 - Violations for Which a Civil Penalty May be Assessed

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				652.710(4), the
				Commissioner may assess a civil penalty for violations of ORS
				652.710(1) and
				(3) as follows:
(1) Violations of ORS
			 652.710(1):
(a) Failure of the employer to keep trust
			 funds in accounts separate of other accounts maintained by the
			 employer;
(b) Failure of the
			 employer to promptly pay the trust funds over to the contractor pursuant to a
			 contract for health care services;
(c) Allowing trust funds to become part of
			 the employer's assets.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0780 - Criteria for Determining a Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commissioner may consider the
			 following mitigating and aggravating circumstances when determining the amount
			 of any civil penalty to be assessed and cite those the Commissioner finds to be
			 appropriate:
(a) The history of the employer
			 in taking all necessary measures to prevent or correct violations of statutes
			 or rules;
(b) Prior violations, if
			 any, of statutes or rules;
(c) The
			 magnitude and seriousness of the violation;
(d) Whether the employer knew or should have
			 known of the violation;
(e) Whether
			 the employer's action or inaction has resulted in the loss of a substantive
			 right of an employee.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0790 - Schedule of Civil Penalties for Violation of ORS 652.710(1)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The civil
			 penalty for any one violation shall not exceed $1,000. The actual amount of the
			 civil penalty will depend on all the facts and on any mitigating and
			 aggravating circumstances.
(2) When
			 the Commissioner determines to assess a civil penalty for violation(s) of ORS
			 652.710(1), the
			 minimum civil penalty to be assessed shall be $50 for each employee affected;
			 provided, however, that if the violation(s) of ORS
			 652.710(1)
			 result(s) in a lapse of health care insurance coverage or otherwise in the
			 unavailability of health care services through the employer's contract, the
			 minimum civil penalty to be assessed shall be $500 for each employee
			 affected.
(3) The civil penalty for
			 all other violations shall be set in accordance with the determinations and
			 considerations referred to in OAR
			 839-001-0780.
(4) When the Commissioner determines to
			 assess a civil penalty for any violation of ORS
			 652.710(1) by
			 an employer who has previously been assessed a civil penalty for violation of
			 ORS 652.710(1), the
			 minimum civil penalty shall be as follows:
(a) For a second offense, double the amounts
			 specified in sections (2) and (3) of this rule;
(b) For third and subsequent offenses, $1,000
			 for each violation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0800 - Schedule of Civil Penalties for Violation of ORS 652.710(3)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The civil
			 penalties for any one violation shall not exceed $1,000. The actual amount of
			 the civil penalty will depend on all the facts and on any mitigating and
			 aggravating circumstances.
(2) When
			 the Commissioner determines to assess a civil penalty for violation(s) of ORS
			 652.710(3), if
			 delivery of notice satisfying the requirements of ORS
			 652.710(3)
			 occurred no later than three working days prior to the date upon which employee
			 rights to conversion coverage terminate, a minimum civil penalty of $50 per
			 employee shall be assessed. However, if delivery of notice as required by ORS
			 652.710(3) is
			 not made at least three days prior to the expiration of conversion rights, a
			 minimum civil penalty of $500 per employee shall be assessed.
(3) When the Commissioner determines to
			 assess a civil penalty for the failure to provide all required information in
			 the notice, a minimum civil penalty of $25 per employee for each notice not
			 containing the required information.
(4) The civil penalty for all other
			 violations shall be set in accordance with the determinations and
			 considerations referred to in OAR
			 839-001-0780.
(5) When the Commissioner determines to
			 assess a civil penalty for any violation of ORS
			 652.710(3) by
			 an employer who has previously been assessed a civil penalty for violation of
			 ORS 652.710(3), the
			 minimum civil penalty shall be as follows:
(a) For a second offense, double the amounts
			 specified in sections (2), (3), and (4) of this rule;
(b) For third and subsequent offenses, $1,000
			 for each violation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0001 - Purpose of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Bureau of Labor and Industries is authorized to develop
				administrative rules necessary for enforcement of statutes for which it is
				responsible. The purpose of these rules is to guide the bureau in the
				rule-making process.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183.335
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0002 - Proposed Rule Notice

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the permanent adoption, amendment or repeal of any
				rule of the Bureau of Labor and Industries, the bureau will give notice of
				intended action:
(1) In the Secretary
			 of State's Bulletin, referred to in ORS
			 183.360, at least 21 days prior
			 to the rule's effective date.
(2)
			 To persons on the bureau's mailing list and email list established pursuant to
			 ORS 183.335(8).
(3) To the legislature, 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 rule.
(4) To the general public, by posting the
			 notice on the bureau's Website.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183.335
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Attorney General's Model Rules of Procedure under the Administrative
			 Procedures Act, are hereby adopted to govern the operations of the Bureau of
			 Labor and Industries.
(2) The Model
			 Rules of Procedure will govern operations of the Hearings Unit of the Bureau of
			 Labor and Industries except to the extent they conflict with or are modified by
			 rules in any division of chapter 839 of the Oregon Administrative Rules. The
			 rules for contested case proceedings are set forth in OAR chapter 839, division
			 50.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Bureau of
				  Labor and Industries.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0015 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 651.060(1)
			 authorizes the commissioner to conduct investigations in all matters relating
			 to the duties required under ORS
			 279C.800 to
			 279C.870,
			 651.030,
			 651.050,
			 651.120 and
			 651.170, and Chapters 652, 653,
			 658, and 659A.
(2) ORS
			 651.060(1)
			 gives the commissioner the authority to issue subpoenas ad testificandum and
			 subpoenas duces tecum, administer oaths, obtain evidence and take
			 testimony.
(3) These rules govern
			 the commissioner's gathering of information through subpoenas or testimony and
			 establish procedures through which a subpoenaed party may object to answering
			 questions or producing any document or other thing subpoenaed.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Division"
			 means the Civil Rights Division and Wage and Hour Division in the Bureau of
			 Labor and Industries.
(2)
			 "Document" means any existing written, printed, typed, or recorded matter of
			 any kind or nature, however produced or reproduced, including but not limited
			 to all mechanical, electronic, sound or video recordings or their transcripts,
			 photographs, electronic files and computer stored data.
(3) "Other thing" means any existing tangible
			 object that is not a "document."
(4) "Party" means any person who has been
			 served by a subpoena under these rules.
(5) "Person" means any individual,
			 partnership, corporation, association, governmental subdivision, or public or
			 private organization of any character.
(6) "Subpoena ad testificandum" is a subpoena
			 that requires an individual to appear and give testimony under oath.
(7) "Subpoena duces tecum" is a subpoena that
			 requires the production of documents or other things.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0025 - Who and What May Be Subpoenaed

Current through Register Vol. 63, No. 7, July 1, 2024
The commissioner may issue subpoenas to persons to compel
				testimony and the production of documents or other things that are relevant to
				the commissioner's lawful investigative purpose and reasonable in scope under
				matters relating to the duties required under ORS
				279C.800 to
				279C.870,
				651.030,
				651.050,
				651.120 and
				651.170, and chapters 652, 653,
				658, and 659A.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0030 - Circumstances under Which a Subpoena May be Issued

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner may issue a subpoena at
			 any time when the information sought is relevant to a lawful investigative
			 purpose and is reasonable in scope. Investigative purposes include any
			 preliminary inquiries in determining whether to pursue a formal
			 investigation.
(2) The commissioner
			 may issue a subpoena ad testificandum to compel a person to testify under oath
			 when:
(a) A Division determines that the
			 person is a material witness in an investigation being conducted by the
			 Division under ORS 279C.800 to
			 279C.870,
			 651.030,
			 651.050,
			 651.120 and
			 651.170, or chapters 652, 653,
			 658, and 659A; and
(b) The Division
			 has been unable to interview the person after having made reasonable attempts
			 to do so, or the person states that the person will only consent to an
			 interview if first served with a subpoena.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0035 - Who May Issue Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
The commissioner or the commissioner's designees may issue
				subpoenas.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0040 - Subpoena Duces Tecum

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 subpoena duces tecum may be issued to any person who has custody, possession,
			 or control of documents or other things named in the subpoena duces tecum when
			 the conditions set out in OAR
			 839-002-0030(4)
			 have been met.
(2) A subpoena duces
			 tecum issued to a corporation will be addressed to the records custodian of the
			 corporation.
(3) A subpoena duces
			 tecum will not require production of documents or other things less than 14
			 days from the date of service upon the person required to produce and permit
			 inspection of the documents or things unless the commissioner finds a shorter
			 period necessary to protect the documents and things from destruction or if the
			 Division has an immediate need for the documents or things being
			 subpoenaed.
(4) The commissioner
			 may also command the person to whom a subpoena duces tecum is issued to produce
			 documents and other things by mail or otherwise, at a time and place specified
			 in the subpoena, without commanding inspection of the originals. The person to
			 whom the subpoena is directed complies if the person produces copies of the
			 specified items in the specified manner and certifies that the copies are true
			 copies of all documents and other things responsive to the subpoena.
(5) The subpoenaed documents and other things
			 must be produced at the location, time, and date required in the
			 subpoena.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0045 - Subpoena Ad Testificandum

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 subpoena ad testificandum may be issued to any person when the conditions set
			 out in 839-002-0030(2)
			 or 839-002-0030(3)
			 have been met.
(2) The subpoena ad
			 testificandum must give the person a reasonable time for preparation and travel
			 to the place of attendance and the place of attendance must be in a suitable
			 place in the vicinity to which testimony is applicable.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0050 - Method of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 noted in subsections (2) and (3) of this rule, subpoenas must be served in
			 person by delivering a copy to the witness personally and, at the same time,
			 giving or offering to the witness the fees to which the person is entitled for
			 travel to and from the place where the witness is commanded to appear, along
			 with one day's attendance fee. A subpoena may be served by any person 18 years
			 of age or older.
(2) Subpoenas ad
			 testificandum may be served by mail under the following circumstances:
(a) The Division must have, by personal or
			 telephone contact, confirmed the witness's willingness to appear if subpoenaed
			 and certify this on the return of service;
(b) The Division made arrangements for
			 payment to the witness of fees and mileage satisfactory to the witness and pays
			 those fees and mileage; and
(c) The
			 subpoena is sent by certified mail to the witness more than 10 days before the
			 date set for appearance or production of documents or other things and the
			 Division receives a return receipt signed by the witness more than three days
			 prior to that date.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0055 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
All persons subpoenaed by the commissioner must be paid the
				mileage and per diem set out in ORS
				44.415(2).
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0060 - Time and Manner of Objecting to Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person served with an investigative
			 subpoena may object to testifying or providing the documents or other things
			 sought. Grounds for objections include:
(a)
			 The information sought is irrelevant to a lawful investigative
			 purpose;
(b) The information sought
			 is unreasonable in scope;
(c) The
			 witness is ordered to appear to give testimony in a place that is not suitable
			 or not in the vicinity to which the testimony is applicable;
(d) The time and expense involved in copying
			 the documents sought. In order to have this objection considered, a person
			 making this objection must include a written estimate of the time involved and
			 number of copies to be made in order to comply with the subpoena;
(e) Reasonable cause to refuse to comply;
			 and
(f) Any other basis that may be
			 asserted under Oregon law.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0065 - Response to Objections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division serving a subpoena will respond in writing within fourteen calendar
			 days of receiving objection from a person receiving the subpoena that:
(a) Alleges grounds stated in OAR
			 839-002-0060(1);
			 and
(b) Is timely received under
			 the requirements of OAR
			 839-002-0060(2).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0070 - Method of Taking Testimony

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 a witness appears to give testimony in response to a subpoena ad testificandum,
			 an oath or affirmation will be administered to the witness prior to the
			 witness's testimony. The oath or affirmation will be administered by an officer
			 authorized to administer oaths in Oregon, generally a notary public employed by
			 the Bureau of Labor and Industries.
(2) The witness's testimony will be preserved
			 by an audio or video recording. Upon request, the Division will give the
			 witness a copy of the recording at no cost.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0075 - Failure to Appear

Current through Register Vol. 63, No. 7, July 1, 2024
If a person served with a subpoena fails to appear and has not
				filed any prior objections, the commissioner will conclude that the person has
				refused, without reasonable cause, to answer any question or to produce any
				document or other thing.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0080 - Enforcement of Subpoena

Current through Register Vol. 63, No. 7, July 1, 2024
If a person served with a subpoena refuses, without reasonable
				cause, to be examined, to answer any question, or to produce any document or
				other thing as required by the subpoena, the commissioner may petition the
				circuit court in the county in which the investigation is pending for an order
				directing the person to show cause why the person has not complied with the
				subpoena and should not be held in contempt. The commissioner shall serve the
				court's order upon the person in the manner provided by ORCP 55
				D.
Stat. Auth.: ORS
				  651.060,
				  658.220 &
				  659A.800
Stats. Implemented: ORS 279 C, 651, 652, 653, 658 &
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0400 - Adopt temporary rule establishing process for hospitals to file required workforce demographic reports.

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every hospital
			 required to submit a report to the United States Equal Employment Opportunity
			 Commission in accordance with
			 42 USC
			 2000e-8(c) must file a copy
			 of the report with the Bureau of Labor and Industries no later than 90 days
			 after the date on which the hospital is required to submit the report to the
			 Commission.
(2) Every hospital
			 required to submit a report to the United States Department of Education in
			 accordance with 20 USC
			 1094 must file a copy of the report with the
			 Bureau no later than 90 days after the date on which the hospital is required
			 to submit the report to the Department.
(3) Hospitals must file the required reports
			 via email to CRD.Reporting@boli.oregon.gov.
(4) A hospital may file a request for an
			 extension of the deadline described in section (1) or (2) of this rule, not to
			 exceed 90 days, via email to CRD.Reporting@boli.oregon.gov. The Bureau will
			 grant the written request for an extension if it is submitted in accordance
			 with this section and received on or before Friday, March 29, 2024.
(5) As used in this rule, "report" has the
			 meaning given that term in Section 1, chapter 421, Oregon Laws 2023, and
			 includes Equal Employment Opportunity Data Collection Forms and survey data
			 submitted to the National Center for Education Statistics.
Statutory/Other Authority: Section 1, chapter 421, Oregon
				  Laws 2023
Statutes/Other Implemented: Section 1, chapter 421, Oregon
				  Laws 2023
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 2 - PROCEDURAL RULES › Section 839-002-0405 - Hospital Workforce Demographic Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every hospital required to submit a
			 report to the United States Equal Employment Opportunity Commission in
			 accordance with 42 USC
			 2000e-8(c) must file a copy of the report
			 with the Bureau of Labor and Industries no later than 90 days after the date on
			 which the hospital is required to submit the report to the
			 Commission.
(2) Every hospital
			 required to submit a report to the United States Department of Education in
			 accordance with 20 USC
			 1094 must file a copy of the report with the
			 Bureau no later than 90 days after the date on which the hospital is required
			 to submit the report to the Department.
(3) Hospitals must file the required reports
			 via email to CRD.Reporting@boli.oregon.gov.
(4)
(a) A
			 hospital may file a request for an extension of the deadline described in
			 section (1) or (2) of this rule by submitting a request via email to
			 CRD.Reporting@boli.oregon.gov. The request must be submitted more than 10
			 business days before the deadline. The request must clearly identify the name
			 of the hospital, provide contact information for the individual submitting the
			 request, specify whether the request applies to section (1) or (2) of this rule
			 and identify the basis for the request.
(b) For good cause shown, the Bureau will
			 grant a request for an extension and identify a new deadline by which the
			 hospital must file the report.
(c)
			 As used in this section, "good cause" includes the submission of an undue
			 hardship application to the Commission, provided that the extension request
			 complies with this rule and:
(A) The extension
			 request filed with the Bureau includes a copy of the undue hardship application
			 submitted to the Commission; and
(B) The hospital files a copy of any
			 substantive response from the Commission granting or denying the request within
			 10 business days of receipt.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 policy of the State of Oregon guarantees all citizens of the state the right to
			 employment, housing, access to places of public accommodation and private
			 vocational, professional or trade schools without unlawful discrimination.
(2) These rules govern the Civil
			 Rights Division procedures for processing all complaints filed with the
			 division.
(3) In any matter not
			 governed by these rules, the Commissioner of the Bureau of Labor and Industries
			 will exercise discretion under the law.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.003 &
				  659A.805
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these rules:
(1) "Administrator" means the Administrator
			 of the Civil Rights Division of the Bureau of Labor and Industries or a
			 designee of the administrator.
(2)
			 "Aggrieved person" means:
(a) A person who
			 is, or was at any time, eligible to file a complaint under ORS
			 659A.820 or who is otherwise
			 similarly situated;
(b) A person
			 who files a complaint personally or through an attorney under ORS
			 659A.825; or
(c) A person on whose behalf the commissioner
			 files a complaint as provided in OAR
			 839-003-0100 or -0245.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0010 - Who May File

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section
			 does not apply to housing discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a). Complaints of housing discrimination must be filed in accordance with OAR
			 839-003-0200.
(2) Any person
			 claiming to be aggrieved by an unlawful practice may file a complaint with the
			 division personally or through an attorney.
(3) Any employee, or a representative
			 authorized to do so by ORS
			 654.062(2), may
			 file a complaint with the division alleging discrimination by an employer
			 against the employee for raising issues of employee safety or health in the
			 workplace.
(4) The commissioner of
			 the Bureau of Labor and Industries or attorney general of the State of Oregon
			 may file a complaint whenever there is reason to believe that a person has
			 committed unlawful practices.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.820 &
				  659A.825
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0015 - Equal Employment Opportunity Commission

Current through Register Vol. 63, No. 7, July 1, 2024
If an aggrieved person wants to file a complaint alleging facts
				that would also violate federal discrimination statutes administered by the
				federal Equal Employment Opportunity Commission (EEOC) and the complaint meets
				federal filing requirements, the division may accept it on behalf of EEOC and
				co-file the complaint with EEOC. Under a work-sharing agreement between the
				division and EEOC the division, in most instances, will process the complaint
				for both agencies.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.820,
				  42 USC Sec.
				  706(c) & (d) (Title VII
				  of the Civil Rights Act of 1964, as amended), 42 USC Sec. 101-108 (Title I of
				  the Americans with Disabilities Act) &
				  29 USC Sec.
				  621-634 (The Age Discrimination in
				  Employment Act of 1967)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0020 - Civil Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Civil
			 actions in state or federal court alleging unlawful practices under 659A.145 or
			 659A.421 or the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a are covered under OAR 839-003-0235 and not under this rule.
(2) An aggrieved person alleging unlawful
			 practices may file a civil action in state or federal court as provided in ORS
			 659A.870 to
			 659A.885.
(a) An aggrieved person is not required to
			 file a complaint of unlawful practices with the division before filing a civil
			 action alleging the unlawful practices.
(b) An aggrieved person filing a civil action
			 alleging unlawful practices waives the right to file a complaint with the
			 division with respect to those matters alleged in the civil action.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0025 - Filing a Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Complaints under the Oregon Safe Employment Act (OSEA), which includes ORS
			 654.001 to
			 654.295,
			 654.412 to
			 654.423,
			 654.750 to
			 654.780 and
			 654.991, must be filed in
			 accordance with OAR 839-003-0031.
(2) Complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) must be filed in accordance with OAR 839-003-0200, or 839-003-0245
			 (Commissioner's Housing Complaint).
(3) Commissioner's complaints other than
			 commissioner's housing complaints must be filed in accordance with OAR
			 839-003-0100.
(4) An aggrieved person or the aggrieved
			 person's attorney may file a complaint alleging unlawful practices, in person
			 or by mail, with the division at any bureau office in the state of Oregon. The
			 complaint must meet the standards provided in OAR
			 839-003-0005(4).
(5) The filing date is the date
			 the division receives a complaint that meets the standards provided in OAR
			 839-003-0005(4).
(6) A complaint must be filed with
			 the division no later than one year after the alleged unlawful practice
			 occurred. If the alleged unlawful practice is of a continuing nature, the right
			 to file a complaint exists so long as the person files the complaint within one
			 year of the most recent date the unlawful practice occurred.
(7) An aggrieved person alleging constructive
			 discharge from employment must file a discrimination complaint with the
			 division within one year of the date the discharge occurred.
(8) The procedures for filing a complaint are
			 as follows:
(a) An aggrieved person or the
			 aggrieved person's attorney makes an inquiry to the division;
(b) The division may provide the aggrieved
			 person or the aggrieved person's attorney with a letter of information and/or
			 questionnaire to assist in determining whether there is a basis for filing a
			 complaint;
(c) If the division
			 determines the aggrieved person has a basis for filing a complaint, the
			 division will draft a complaint based upon the information provided by the
			 aggrieved person and send or give the complaint to the aggrieved person or the
			 aggrieved person's attorney for review. The aggrieved person or the aggrieved
			 person's attorney will request any necessary changes to the complaint.
(d) The aggrieved person will
			 verify and sign the complaint. The complaint will then be submitted to the
			 division.
(e) If the aggrieved
			 person is an unemancipated minor the complaint must be signed by the minor and
			 the parent or legal guardian of the minor.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0031 - Filing a discrimination complaint under the Oregon Safe Employment Act (OSEA)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An aggrieved
			 person or the aggrieved person's attorney may file a complaint alleging a
			 violation of ORS 654.062(5)
			 online, by mail or in person at any Bureau office in the state of
			 Oregon.
(2) "Complaint" means a
			 written statement signed by the aggrieved person that:
(a) Gives the name and address of the
			 aggrieved person and the respondent;
(b) Identifies the protected activity that
			 forms the basis of the complaint;
(c) Is signed by the aggrieved
			 person;
(d) Describes the actions
			 complained of, including:
(A) The date(s) of
			 occurrence;
(B) What the action was
			 and how it harmed the aggrieved person; and
(C) The causal connection between the
			 aggrieved person's protected activity and the alleged harm.