70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
House Bill 2525
Sponsored by Representative SHETTERLY, Senators BRYANT, BROWN (at
the request of Governor John A. Kitzhaber, M.D.)
CHAPTER ................
AN ACT
Relating to administrative proceedings; creating new provisions;
amending ORS 25.311, 25.765, 171.778, 183.341, 183.415,
183.440, 183.445, 183.450, 244.260, 274.755, 279.045, 285A.389,
342.177, 416.120, 416.427, 431.730, 448.255, 462.405, 464.500,
466.185, 466.305, 466.610, 466.810, 468.035, 517.983, 527.662,
527.687, 527.700, 543.055, 543.230, 543.990, 561.615, 656.704,
657.270, 657.275, 657.280, 657.471, 657.485, 657.487, 657.610,
657.630, 657.663, 657.665, 657.681, 657.683, 657.684, 670.325,
677.275, 678.780, 679.150, 687.086, 693.105, 701.145, 737.209,
776.129, 776.375, 809.040, 809.350, 809.440, 813.410, 813.450
and 822.080 and section 6, chapter ___, Oregon Laws 1999
(Enrolled House Bill 2238); repealing section 4, chapter ___,
Oregon Laws 1999 (Enrolled Senate Bill 654), and section 2,
chapter ___, Oregon Laws 1999 (Enrolled House Bill 2238);
appropriating money; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
{ +
HEARING OFFICER PANEL (PILOT PROJECT) + }
SECTION 1. { + Sections 2 to 21 of this 1999 Act are added to
and made a part of ORS 183.310 to 183.550. + }
SECTION 2. { + Definitions. For the purposes of sections 2 to
21 of this 1999 Act:
(1) 'Chief hearing officer' means the person employed under
section 4 of this 1999 Act to organize and manage the Hearing
Officer Panel.
(2) 'Panel' means the Hearing Officer Panel established under
section 3 of this 1999 Act. + }
SECTION 3. { + Hearing Officer Panel established. (1) The
Hearing Officer Panel is established within the Employment
Department. The panel shall be managed by the chief hearing
officer employed under section 4 of this 1999 Act. The panel
shall make hearing officers available to agencies under sections
2 to 21 of this 1999 Act. Hearing officers assigned from the
panel under sections 2 to 21 of this 1999 Act may:
(a) Conduct contested case proceedings on behalf of agencies in
the manner provided by sections 2 to 21 of this 1999 Act;
Enrolled House Bill 2525 (HB 2525-C) Page 1
(b) Perform such other services, as may be requested by an
agency, that are appropriate for the resolution of disputes
arising out of the conduct of agency business; and
(c) Perform such other duties as may be authorized under
sections 2 to 21 of this 1999 Act.
(2) All persons serving on the panel must meet the standards
and training requirements of section 19 of this 1999 Act. + }
SECTION 4. { + Chief hearing officer; powers and duties. (1)
The Director of the Employment Department shall employ a person
to serve as chief hearing officer for the Hearing Officer Panel
established under section 3 of this 1999 Act. The person employed
to serve as chief hearing officer must be an active member of the
Oregon State Bar. The chief hearing officer has all the powers
necessary and convenient to organize and manage the panel.
Subject to the State Personnel Relations Law, the chief hearing
officer shall employ all persons necessary to the administration
of the panel, prescribe the duties of those employees and fix
their compensation.
(2) The chief hearing officer shall employ hearing officers to
serve on the panel. The chief hearing officer shall ensure that
hearing officers on the panel receive all training necessary to
meet the standards required under the program created under
section 19 of this 1999 Act.
(3) The chief hearing officer shall take all actions necessary
to protect and ensure the independence of each hearing officer
assigned from the panel. + }
SECTION 5. { + Hiring and review of hearing officers. (1) A
hearing officer employed by or contracting with the chief hearing
officer shall conduct hearings on behalf of agencies as assigned
by the chief hearing officer. A hearing officer shall be
impartial in the performance of the hearing officer's duties and
shall remain fair in all hearings conducted by the hearing
officer.
(2) Only persons who have a knowledge of administrative law and
procedure may be employed by the chief hearing officer as hearing
officers. The chief hearing officer by rule may establish
additional qualifications for hearing officers serving on the
Hearing Officer Panel. + }
SECTION 6. { + Contract hearing officers. (1) The chief
hearing officer for the Hearing Officer Panel may contract for
the services of persons to act as hearing officers.
(2) Contract hearing officers shall meet the same
qualifications as hearing officers regularly employed by the
chief hearing officer and shall be paid at an hourly rate
comparable to the per hour cost of salary and benefits for
hearing officers regularly employed by the chief hearing officer
and conducting similar hearings. + }
SECTION 7. { + Assignment of hearing officers to agencies. (1)
In assigning a hearing officer to conduct hearings on behalf of
an agency, the chief hearing officer shall, whenever practicable,
assign a hearing officer that has expertise in the legal issues
or general subject matter of the proceeding.
(2) Notwithstanding any other provision of state law, any
agency that is required to use hearing officers assigned from the
Hearing Officer Panel to conduct hearings must delegate
responsibility for the conduct of the hearing to a hearing
officer assigned from the Hearing Officer Panel, and the hearing
may not be conducted by the administrator, director, board,
commission or other person or body charged with administering the
agency.
Enrolled House Bill 2525 (HB 2525-C) Page 2
(3) Any agency may authorize a hearing officer assigned to
conduct a hearing on behalf of the agency under this section to
enter a final order for the agency.
(4) An agency that is not required to use hearing officers
assigned from the panel may contract with the chief hearing
officer for the assignment of a hearing officer from the panel
for the purpose of conducting one or more contested cases on
behalf of the agency. + }
SECTION 8. { + Rules for hearings conducted by hearing
officers from panel. (1) Except as provided in subsection (2) of
this section, all contested case hearings conducted by hearing
officers assigned from the Hearing Officer Panel established
under section 3 of this 1999 Act must be conducted pursuant to
the model rules of procedure prepared by the Attorney General
under ORS 183.341 if the hearing is subject to the procedural
requirements for contested case proceedings.
(2) The Attorney General, after consulting with the chief
hearing officer for the panel, may exempt an agency or a category
of cases from the requirements of subsection (1) of this section.
The exemption may be from all or part of the model rules adopted
by the Attorney General. Any exemption granted under this
subsection must be made in writing.
(3) Except as may be expressly granted by the agency to a
hearing officer assigned from the panel, or as may be expressly
provided for by law, a hearing officer conducting a hearing for
an agency under sections 2 to 21 of this 1999 Act may not
authorize a party to take a deposition that is to be paid for by
the agency. + }
SECTION 9. { + Agencies required to seek hearing officer from
panel. (1) Except as provided in this section, all agencies must
use hearing officers assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act to conduct contested
case hearings, without regard to whether those hearings are
subject to the procedural requirements for contested case
hearings.
(2) The following agencies need not use hearing officers
assigned from the panel:
(a) The Department of Education, the State Board of Education
and the Superintendent of Public Instruction.
(b) Employment Appeals Board.
(c) Employment Relations Board.
(d) Public Utility Commission.
(e) Bureau of Labor and Industries and the Commissioner of the
Bureau of Labor and Industries.
(f) Land Conservation and Development Commission.
(g) Land Use Board of Appeals.
(h) Department of Revenue.
(i) Local government boundary commissions created pursuant to
ORS 199.425 or 199.430.
(j) State Accident Insurance Fund Corporation.
(k) Psychiatric Security Review Board.
(L) State Board of Parole and Post-Prison Supervision.
(m) Department of Corrections.
(n) Energy Facility Siting Council.
(o) Vocational Rehabilitation Division.
(p) Secretary of State.
(q) State Treasurer.
(r) Attorney General.
(s) Fair Dismissal Appeals Board.
(t) Department of State Police.
Enrolled House Bill 2525 (HB 2525-C) Page 3
(u) Oregon Youth Authority.
(v) Boards of stewards appointed by the Oregon Racing
Commission.
(w) The Department of Higher Education and the institutions of
higher education listed in ORS 352.002.
(x) The Governor.
(y) State Land Board.
(3) The Workers' Compensation Board is exempt from using
hearing officers assigned from the panel for any hearing
conducted by the board under ORS chapters 147, 654 and 656. The
Director of the Department of Consumer and Business Services must
use hearing officers assigned from the panel for all contested
case hearings regarding matters other than those concerning a
claim under ORS chapter 656, as provided in ORS 656.704 (2).
Except as specifically provided in this subsection, the
Department of Consumer and Business Services must use hearing
officers assigned from the panel only for contested cases arising
out of the department's powers and duties under:
(a) ORS chapter 59;
(b) ORS 200.005 to 200.075;
(c) ORS chapter 455;
(d) ORS chapter 674;
(e) ORS chapters 706 to 716;
(f) ORS chapter 717;
(g) ORS chapters 722, 723, 725 and 726; and
(h) ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 744,
746, 748 and 750.
(4) Notwithstanding any other provision of law, in any
proceeding in which an agency is required to use a hearing
officer assigned from the panel, an officer or employee of the
agency may not conduct the hearing on behalf of the agency.
(5) Notwithstanding any other provision of sections 2 to 21 of
this 1999 Act, no agency shall be required to use a hearing
officer assigned from the panel if:
(a) Federal law requires that a different hearing officer be
used; or
(b) Use of a hearing officer from the panel could result in a
loss of federal funds.
(6) Notwithstanding any other provision of this section, the
Department of Environmental Quality must use hearing officers
assigned from the panel only for contested case hearings
conducted under the provisions of ORS 183.413 to 183.470. + }
SECTION 10. { + Assignment of hearing officers to exempt
agencies and local governments. (1) Upon request of an agency,
the chief hearing officer for the Hearing Officer Panel may
assign hearing officers from the panel to conduct contested case
proceedings on behalf of agencies that are exempted from
mandatory use of panel hearing officers under section 9 of this
1999 Act.
(2) The chief hearing officer may contract with any political
subdivision of this state to provide hearing officer services to
the political subdivision for the purpose of conducting
quasi-judicial hearings on behalf of the political
subdivision. + }
SECTION 11. { + Request for change of hearing officer assigned
from panel. (1) After assignment of a hearing officer from the
Hearing Officer Panel to conduct a hearing on behalf of an
agency, the chief hearing officer shall assign a different
hearing officer for the hearing upon receiving a written request
from any party in the contested case or from the agency. The
Enrolled House Bill 2525 (HB 2525-C) Page 4
chief hearing officer may by rule establish time limitations and
procedures for requests under this section.
(2) Only one request for a change of assignment of hearing
officer under subsection (1) of this section may be granted by
the chief hearing officer without a showing of good cause. If a
party or agency fails to make a request under subsection (1) of
this section within the time allowed, or if a party or agency
objects to a hearing officer assigned after a request for a
different hearing officer has been granted under subsection (1)
of this section, the chief hearing officer shall assign a
different hearing officer only upon a showing of good cause. + }
SECTION 12. { + Modification of hearing officer findings by
agency. (1) In any contested case hearing conducted by a hearing
officer assigned from the Hearing Officer Panel, the hearing
officer shall prepare and serve on the agency and all parties to
the hearing a form of order, including recommended findings of
fact and conclusions of law. The hearing officer shall also
prepare and serve a proposed order in the manner provided by ORS
183.464 unless the agency or hearing is exempt from the
requirements of ORS 183.464.
(2) If the hearing officer assigned from the panel will not
enter the final order in a contested case proceeding, and the
agency modifies the form of order issued by the hearing officer
in any substantial manner, the agency must identify the
modifications and provide an explanation to the parties to the
hearing as to why the agency made the modifications.
(3) An agency conducting a contested case hearing may modify a
finding of historical fact made by the hearing officer assigned
from the Hearing Officer Panel only if the agency determines that
the finding of historical fact made by the hearing officer is not
supported by a preponderance of the evidence in the record. For
the purposes of this section, a hearing officer makes a finding
of historical fact if the hearing officer determines that an
event did or did not occur in the past or that a circumstance or
status did or did not exist either before the hearing or at the
time of the hearing.
(4) If a party seeks judicial review of an agency's
modification of a finding of historical fact under subsection (3)
of this section, the court shall make an independent finding of
the fact in dispute by conducting a review de novo of the record
viewed as a whole. If the court decides that the agency erred in
modifying the finding of historical fact made by the hearing
officer, the court shall remand the matter to the agency for
entry of an order consistent with the court's judgment. + }
SECTION 13. { + Billings for services of hearing officers from
panel. The chief hearing officer for the Hearing Officer Panel
shall establish a schedule of fees for services rendered by
hearing officers assigned from the panel. The fee charged shall
be in an amount calculated to recover the cost of providing the
hearing officer, the cost of conducting the hearing and all
associated administrative costs. All fees collected by the chief
hearing officer under this section shall be paid into the Hearing
Officer Panel Operating Account created under section 14 of this
1999 Act. + }
SECTION 14. { + Operating account. (1) The Hearing Officer
Panel Operating Account is created within the General Fund. The
account shall consist of moneys paid into the account under
section 13 of this 1999 Act. Moneys credited to the account are
continuously appropriated to the chief hearing officer for the
Hearing Officer Panel created under section 3 of this 1999 Act
Enrolled House Bill 2525 (HB 2525-C) Page 5
for the purpose of paying expenses incurred in the administration
of the panel.
(2) At the discretion of the chief hearing officer, petty cash
funds may be established and maintained for the purpose of
administering the duties of the panel. + }
SECTION 15. { + Budgeting. The chief hearing officer for the
Hearing Officer Panel shall estimate in advance the expenses that
the panel will incur during each biennium and shall notify each
agency required to use the panel's services of the agency's share
of the anticipated expenses for periods within the biennium. + }
SECTION 16. { + Rulemaking authority. Subject to the
provisions of the State Personnel Relations Law, the chief
hearing officer for the Hearing Officer Panel may adopt rules to:
(1) Organize and manage the Hearing Officer Panel established
under section 3 of this 1999 Act.
(2) Facilitate the performance of the duties of hearing
officers assigned from the panel.
(3) Establish qualifications for persons serving as hearing
officers on the panel.
(4) Establish standards and procedures for the evaluation and
training of hearing officers on the panel, consistent with
standards and training requirements established under section 19
of this 1999 Act. + }
SECTION 16a. { + Alternative dispute resolution. Sections 2 to
21 of this 1999 Act do not limit in any way the ability of any
agency to use alternative dispute resolution, including mediation
or arbitration, to resolve disputes without conducting a
contested case hearing or without requesting assignment of a
hearing officer from the Hearing Officer Panel. + }
SECTION 17. { + Transfer of employees. (1) On the operative
date of sections 2 to 21 of this 1999 Act, the chief
administrative officer or board of the agencies specified in
subsection (2) of this section shall transfer to the chief
hearing officer for the Hearing Officer Panel the permanent
employees in the regular service of the agencies whose job duties
involve the conducting of contested case proceedings or whose job
duties relate to providing administrative services required for
the conducting of contested case proceedings. The transfer of
employees shall be made in a manner that is consistent with the
provisions of the budget passed by the Legislative Assembly for
the Employment Department in the 1999-2001 biennium.
(2) The agencies subject to the requirements of this section
are:
(a) Employment Department.
(b) Water Resources Department.
(c) Department of Transportation.
(d) Oregon Liquor Control Commission.
(e) Construction Contractors Board.
(f) Adult and Family Services Division of the Department of
Human Resources.
(g) Workers' Compensation Division and Insurance Division of
the Department of Consumer and Business Services.
(3) The chief hearing officer shall employ all persons
transferred under this section in the performance of the duties
and functions of the Hearing Officer Panel.
(4) The salaries and benefits of persons transferred under this
section may not be reduced because of the transfer, and persons
who are represented by a labor organization, as defined in ORS
243.650, shall continue to be represented by that labor
organization. Transferred persons are considered permanent
Enrolled House Bill 2525 (HB 2525-C) Page 6
employees and may be disciplined or terminated only under the
same classification and procedures applicable to those employees
before transfer. + }
SECTION 18. { + Transfer of pending cases. On the operative
date of sections 2 to 21 of this 1999 Act, the chief hearing
officer for the Hearing Officer Panel shall assign hearing
officers as requested by agencies to continue the conduct of and
conclude proceedings pending on the operative date of sections 2
to 21 of this 1999 Act. + }
{ +
HEARING OFFICER STANDARDS AND TRAINING + }
SECTION 19. { + Standards and training program. (1) The chief
hearing officer for the Hearing Officer Panel, working in
coordination with the Attorney General, shall design and
implement a standards and training program for hearing officers
on the panel and for persons seeking to serve as hearing officers
on the panel. The program shall include:
(a) The establishment of an ethical code for persons serving as
hearing officers on the panel.
(b) Training for hearing officers on the panel that is designed
to assist in identifying cases that are appropriate for the use
of alternative dispute resolution processes.
(2) The program established by the chief hearing officer under
this section may include:
(a) The conducting of courses on administrative law, evidence,
hearing procedures and other issues that arise in presiding over
administrative hearings, including courses designed to provide
any training required by the chief hearing officer for hearing
officers on the panel.
(b) The certification of courses offered by other persons for
the purpose of any training required by the chief hearing officer
for hearing officers on the panel.
(c) The provision of specialized training for hearing officers
in subject matter areas affecting particular agencies required to
use hearing officers assigned from the panel.
(3) The chief hearing officer is bound by the ethical code
established under this section and must satisfactorily complete
training required of hearing officers on the panel other than
specialized training in subject matter areas affecting particular
agencies. + }
{ +
EX PARTE CONTACTS + }
SECTION 20. { + Required disclosure of ex parte contacts. (1)
A hearing officer assigned from the Hearing Officer Panel who is
presiding in a contested case proceeding and who receives an ex
parte communication described in subsections (3) and (4) of this
section shall place in the record of the pending matter:
(a) The name of each person from whom the hearing officer
received an ex parte communication;
(b) A copy of any ex parte written communication received by
the hearing officer;
(c) A copy of any written response to the communication made by
the hearing officer;
(d) A memorandum reflecting the substance of any ex parte oral
communication made to the hearing officer; and
Enrolled House Bill 2525 (HB 2525-C) Page 7
(e) A memorandum reflecting the substance of any oral response
made by the hearing officer to an ex parte oral communication.
(2) Upon making a record of an ex parte communication under
subsection (1) of this section, a hearing officer shall advise
the agency and all parties in the proceeding that an ex parte
communication has been made a part of the record. The hearing
officer shall allow the agency and parties an opportunity to
respond to the ex parte communication.
(3) Except as otherwise provided in this section, the
provisions of this section apply to communications that:
(a) Relate to a legal or factual issue in a contested case
proceeding;
(b) Are made directly or indirectly to a hearing officer while
the proceeding is pending; and
(c) Are made without notice and opportunity for the agency and
all parties to participate in the communication.
(4) The provisions of this section apply to any ex parte
communication made directly or indirectly to a hearing officer,
or to any agent of a hearing officer, by:
(a) A party;
(b) A party's representative or legal adviser;
(c) Any other person who has a direct or indirect interest in
the outcome of the proceeding;
(d) Any other person with personal knowledge of the facts
relevant to the proceeding; or
(e) Any officer, employee or agent of the agency that is using
the hearing officer to conduct the hearing.
(5) The provisions of this section do not apply to:
(a) Communications made to a hearing officer by other hearing
officers;
(b) Communications made to a hearing officer by any person
employed by the panel to assist the hearing officer; or
(c) Communications made to a hearing officer by an assistant
attorney general if the communications are made in response to a
request from the hearing officer and the assistant attorney
general is not advising the agency that is conducting the
hearing. + }
{ +
OVERSIGHT COMMITTEE + }
SECTION 21. { + Hearing Officer Panel Oversight Committee. (1)
The Hearing Officer Panel Oversight Committee is created. The
committee consists of nine members, as follows:
(a) The President of the Senate and the Speaker of the House of
Representatives shall appoint four legislators to the committee.
Two shall be Senators appointed by the President. Two shall be
Representatives appointed by the Speaker.
(b) The Governor shall appoint two members to the committee.
At least one of the members appointed by the Governor shall be an
active member of the Oregon State Bar with experience in
representing parties who are not agencies in contested case
hearings.
(c) The Attorney General shall appoint two members to the
committee.
(d) The chief hearing officer for the Hearing Officer Panel
employed under section 4 of this 1999 Act shall serve as an ex
officio member of the committee. The chief hearing officer may
cast a vote on a matter before the committee if the votes of the
other members are equally divided on the matter.
Enrolled House Bill 2525 (HB 2525-C) Page 8
(2) The term of a legislative member of the committee shall be
two years. If a person appointed by the President of the Senate
or by the Speaker of the House ceases to be a Senator or
Representative during the person's term on the committee, the
person may continue to serve as a member of the committee for the
balance of the member's term on the committee. The term of all
other appointed members shall be four years. Appointed members of
the committee may be reappointed. If a vacancy occurs in one of
the appointed positions for any reason during the term of
membership, the official who appointed the member to the vacated
position shall appoint a new member to serve the remainder of the
term. An appointed member of the committee may be removed from
the committee at any time by the official who appointed the
member.
(3)(a) The members of the committee shall select from among
themselves a chairperson and a vice chairperson.
(b) The committee shall meet at such times and places as
determined by the chairperson.
(4) Legislative members shall be entitled to payment of per
diem and expense reimbursement under ORS 171.072, payable from
funds appropriated to the Legislative Assembly.
(5) The committee shall:
(a) Study the implementation and operation of the Hearing
Officer Panel established under section 3 of this 1999 Act;
(b) Make any recommendations to the Governor and the
Legislative Assembly that the committee deems necessary to
increase the effectiveness, fairness and efficiency of the
operations of the Hearing Officer Panel;
(c) Make any recommendations for additional legislation
governing the operations of the Hearing Officer Panel; and
(d) Conduct such other studies as necessary to accomplish the
purposes of this subsection.
(6) The Employment Department shall provide the committee with
staff, subject to availability of funding for that purpose. + }
{ + NOTE: + } Sections 22 and 23 were deleted by amendment.
Subsequent sections were not renumbered.
{ +
AMENDMENTS TO ADMINISTRATIVE + }
{ +
PROCEDURES ACT + }
SECTION 24. ORS 183.341 is amended to read:
183.341. (1) The Attorney General shall prepare model rules of
procedure appropriate for use by as many agencies as possible.
{ + Except as provided in section 8 of this 1999 Act, + } any
agency may adopt all or part of the model rules by reference
without complying with the rulemaking procedures under ORS
183.335. Notice of such adoption shall be filed with the
Secretary of State in the manner provided by ORS 183.355 for the
filing of rules. The model rules may be amended from time to time
by an adopting agency or the Attorney General after notice and
opportunity for hearing as required by rulemaking procedures
under ORS 183.310 to 183.550.
(2) { + Except as provided in section 8 of this 1999 Act, + }
all agencies shall adopt rules of procedure to be utilized in the
adoption of rules and conduct of proceedings in contested cases
or, if exempt from the contested case provisions of ORS 183.310
to 183.550, for the conduct of proceedings.
Enrolled House Bill 2525 (HB 2525-C) Page 9
(3) The Secretary of State shall publish in the Oregon
Administrative Rules:
(a) The Attorney General's model rules adopted under subsection
(1) of this section;
(b) The procedural rules of all agencies that have not adopted
the Attorney General's model rules; and
(c) The notice procedures required by ORS 183.335 (1).
(4) Agencies shall adopt rules of procedure which will provide
a reasonable opportunity for interested persons to be notified of
the agency's intention to adopt, amend or repeal a rule.
(5) No rule adopted after September 13, 1975, is valid unless
adopted in substantial compliance with the rules adopted pursuant
to subsection (4) of this section.
SECTION 24a. { + The amendments to ORS 183.341 by section 24
of this 1999 Act become operative on January 1, 2000. + }
SECTION 25. ORS 183.341, as amended by section 24 of this 1999
Act, is amended to read:
183.341. (1) The Attorney General shall prepare model rules of
procedure appropriate for use by as many agencies as possible.
{ - Except as provided in section 8 of this 1999 Act, - } Any
agency may adopt all or part of the model rules by reference
without complying with the rulemaking procedures under ORS
183.335. Notice of such adoption shall be filed with the
Secretary of State in the manner provided by ORS 183.355 for the
filing of rules. The model rules may be amended from time to time
by an adopting agency or the Attorney General after notice and
opportunity for hearing as required by rulemaking procedures
under ORS 183.310 to 183.550.
(2) { - Except as provided in section 8 of this 1999 Act, - }
All agencies shall adopt rules of procedure to be utilized in the
adoption of rules and conduct of proceedings in contested cases
or, if exempt from the contested case provisions of ORS 183.310
to 183.550, for the conduct of proceedings.
(3) The Secretary of State shall publish in the Oregon
Administrative Rules:
(a) The Attorney General's model rules adopted under subsection
(1) of this section;
(b) The procedural rules of all agencies that have not adopted
the Attorney General's model rules; and
(c) The notice procedures required by ORS 183.335 (1).
(4) Agencies shall adopt rules of procedure which will provide
a reasonable opportunity for interested persons to be notified of
the agency's intention to adopt, amend or repeal a rule.
(5) No rule adopted after September 13, 1975, is valid unless
adopted in substantial compliance with the rules adopted pursuant
to subsection (4) of this section.
SECTION 26. { + The amendments to ORS 183.341 by section 25 of
this 1999 Act become operative on January 1, 2004. + }
SECTION 27. ORS 183.415 is amended to read:
183.415. (1) In a contested case, all parties shall be afforded
an opportunity for hearing after reasonable notice, served
personally or by registered or certified mail.
(2) The notice shall include:
(a) A statement of the party's right to hearing, or a statement
of the time and place of the hearing;
(b) A statement of the authority and jurisdiction under which
the hearing is to be held;
(c) A reference to the particular sections of the statutes and
rules involved; and
Enrolled House Bill 2525 (HB 2525-C) Page 10
(d) A short and plain statement of the matters asserted or
charged.
(3) Parties may elect to be represented by counsel and to
respond and present evidence and argument on all issues involved.
(4) Agencies may adopt rules of procedure governing
participation in contested cases by persons appearing as limited
parties.
(5)(a) Unless precluded by law, informal disposition may be
made of any contested case by stipulation, agreed settlement,
consent order or default. Informal settlement may be made in
license revocation proceedings by written agreement of the
parties and the agency consenting to a suspension, fine or other
form of intermediate sanction.
(b) Any informal disposition of a contested case, other than an
informal disposition by default, must be in writing and signed by
the party or parties to the contested case. The agency shall
incorporate that disposition into a final order. An order under
this paragraph is not subject to ORS 183.470. The agency shall
deliver or mail a copy of the order to each party, or, if
applicable, to the party's attorney of record. An order that
incorporates the informal disposition is a final order in a
contested case, but is not subject to judicial review. A party
may petition the agency to set aside a final order that
incorporates the informal disposition on the ground that the
informal disposition was obtained by fraud or duress.
(6) An order adverse to a party may be issued upon default only
upon prima facie case made on the record of the agency. When an
order is effective only if a request for hearing is not made by
the party, the record may be made at the time of issuance of the
order, and if the order is based only on material included in the
application or other submissions of the party, the agency may so
certify and so notify the party, and such material shall
constitute the evidentiary record of the proceeding if hearing is
not requested.
(7) At the commencement of the hearing, the officer presiding
shall explain the issues involved in the hearing and the matters
that the parties must either prove or disprove.
(8) Testimony shall be taken upon oath or affirmation of the
witness from whom received. The officer presiding at the hearing
shall administer oaths or affirmations to witnesses.
(9) The officer presiding at the hearing shall place on the
record a statement of the substance of any written or oral ex
parte communications on a fact in issue made to the officer
during the pendency of the proceeding and notify the parties of
the communication and of their right to rebut such
communications. { + If an ex parte communication is made to a
hearing officer assigned from the Hearing Officer Panel
established by section 3 of this 1999 Act, the hearing officer
must comply with section 20 of this 1999 Act. + }
(10) The officer presiding at the hearing shall
{ - insure - } { + ensure + } that the record developed at the
hearing shows a full and fair inquiry into the facts necessary
for consideration of all issues properly before the presiding
officer in the case.
(11) The record in a contested case shall include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Stipulations.
(d) A statement of matters officially noticed.
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(e) Questions and offers of proof, objections and rulings
thereon.
(f) A statement of any ex parte communications on a fact in
issue made to the officer presiding at the hearing.
(g) Proposed findings and exceptions.
(h) Any proposed, intermediate or final order prepared by the
agency or a { - hearings - } { + hearing + } officer.
(12) A verbatim oral, written or mechanical record shall be
made of all motions, rulings and testimony. The record need not
be transcribed unless requested for purposes of rehearing or
court review. The agency may charge the party requesting
transcription the cost of a copy of transcription, unless the
party files an appropriate affidavit of indigency. However, upon
petition, a court having jurisdiction to review under ORS 183.480
may reduce or eliminate the charge upon finding that it is
equitable to do so, or that matters of general interest would be
determined by review of the order of the agency.
SECTION 27a. { + The amendments to ORS 183.415 by section 27
of this 1999 Act become operative on January 1, 2000. + }
SECTION 28. ORS 183.415, as amended by section 27 of this 1999
Act, is amended to read:
183.415. (1) In a contested case, all parties shall be afforded
an opportunity for hearing after reasonable notice, served
personally or by registered or certified mail.
(2) The notice shall include:
(a) A statement of the party's right to hearing, or a statement
of the time and place of the hearing;
(b) A statement of the authority and jurisdiction under which
the hearing is to be held;
(c) A reference to the particular sections of the statutes and
rules involved; and
(d) A short and plain statement of the matters asserted or
charged.
(3) Parties may elect to be represented by counsel and to
respond and present evidence and argument on all issues involved.
(4) Agencies may adopt rules of procedure governing
participation in contested cases by persons appearing as limited
parties.
(5)(a) Unless precluded by law, informal disposition may be
made of any contested case by stipulation, agreed settlement,
consent order or default. Informal settlement may be made in
license revocation proceedings by written agreement of the
parties and the agency consenting to a suspension, fine or other
form of intermediate sanction.
(b) Any informal disposition of a contested case, other than an
informal disposition by default, must be in writing and signed by
the party or parties to the contested case. The agency shall
incorporate that disposition into a final order. An order under
this paragraph is not subject to ORS 183.470. The agency shall
deliver or mail a copy of the order to each party, or, if
applicable, to the party's attorney of record. An order that
incorporates the informal disposition is a final order in a
contested case, but is not subject to judicial review. A party
may petition the agency to set aside a final order that
incorporates the informal disposition on the ground that the
informal disposition was obtained by fraud or duress.
(6) An order adverse to a party may be issued upon default only
upon prima facie case made on the record of the agency. When an
order is effective only if a request for hearing is not made by
the party, the record may be made at the time of issuance of the
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order, and if the order is based only on material included in the
application or other submissions of the party, the agency may so
certify and so notify the party, and such material shall
constitute the evidentiary record of the proceeding if hearing is
not requested.
(7) At the commencement of the hearing, the officer presiding
shall explain the issues involved in the hearing and the matters
that the parties must either prove or disprove.
(8) Testimony shall be taken upon oath or affirmation of the
witness from whom received. The officer presiding at the hearing
shall administer oaths or affirmations to witnesses.
(9) The officer presiding at the hearing shall place on the
record a statement of the substance of any written or oral ex
parte communications on a fact in issue made to the officer
during the pendency of the proceeding and notify the parties of
the communication and of their right to rebut such
communications. { - If an ex parte communication is made to a
hearing officer assigned from the Hearing Officer Panel
established by section 3 of this 1999 Act, the hearing officer
must comply with section 20 of this 1999 Act. - }
(10) The officer presiding at the hearing shall ensure that the
record developed at the hearing shows a full and fair inquiry
into the facts necessary for consideration of all issues properly
before the presiding officer in the case.
(11) The record in a contested case shall include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Stipulations.
(d) A statement of matters officially noticed.
(e) Questions and offers of proof, objections and rulings
thereon.
(f) A statement of any ex parte communications on a fact in
issue made to the officer presiding at the hearing.
(g) Proposed findings and exceptions.
(h) Any proposed, intermediate or final order prepared by the
agency or a hearing officer.
(12) A verbatim oral, written or mechanical record shall be
made of all motions, rulings and testimony. The record need not
be transcribed unless requested for purposes of rehearing or
court review. The agency may charge the party requesting
transcription the cost of a copy of transcription, unless the
party files an appropriate affidavit of indigency. However, upon
petition, a court having jurisdiction to review under ORS 183.480
may reduce or eliminate the charge upon finding that it is
equitable to do so, or that matters of general interest would be
determined by review of the order of the agency.
SECTION 29. { + The amendments to ORS 183.415 by section 28 of
this 1999 Act become operative on January 1, 2004. + }
SECTION 30. ORS 183.440 is amended to read:
183.440. (1) An agency may issue subpoenas on its own motion in
a contested case. In addition, an agency { + or hearing officer
in a contested case + } may issue subpoenas upon the request of a
party to a contested case upon a showing of general relevance and
reasonable scope of the evidence sought. A party { - , other
than the agency, - } entitled to have witnesses on behalf of the
party may have subpoenas issued by an attorney of record of the
party, subscribed by the signature of the attorney. Witnesses
appearing pursuant to subpoena, other than the parties or
officers or employees of the agency, shall receive fees and
mileage as prescribed by law for witnesses in ORS 44.415 (2).
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(2) If any person fails to comply with any subpoena so issued
or any party or witness refuses to testify on any matters on
which the party or witness may be lawfully interrogated, the
judge of the circuit court of any county, on the application of
the { - agency or of a designated representative of the
agency - } { + hearing officer, the agency + }or { - of - }
the party requesting the issuance of or issuing the subpoena,
shall compel obedience by proceedings for contempt as in the case
of disobedience of the requirements of a subpoena issued from
such court or a refusal to testify therein.
SECTION 31. { + The amendments to ORS 183.440 by section 30 of
this 1999 Act become operative on January 1, 2000. + }
SECTION 32. ORS 183.445 is amended to read:
183.445. (1) In any proceeding before an agency not subject to
ORS 183.440 in which a party { - , other than the agency, - }
is entitled to have subpoenas issued { - by the agency - } for
the appearance of witnesses on behalf of the party, a subpoena
may be issued by an attorney of record of the party, subscribed
by the signature of the attorney. A subpoena issued by an
attorney of record may be enforced in the same manner as a
subpoena issued by the agency.
(2) In any proceeding before an agency not subject to ORS
183.440 in which a party { - other than the agency - } is
entitled to have subpoenas issued by the agency to compel the
appearance of witnesses on behalf of the party, the agency may
issue subpoenas on its own motion.
SECTION 33. { + The amendments to ORS 183.445 by section 32 of
this 1999 Act become operative on January 1, 2000. + }
SECTION 34. ORS 183.450 is amended to read:
183.450. In contested cases:
(1) Irrelevant, immaterial or unduly repetitious evidence shall
be excluded but erroneous rulings on evidence shall not preclude
agency action on the record unless shown to have substantially
prejudiced the rights of a party. All other evidence of a type
commonly relied upon by reasonably prudent persons in conduct of
their serious affairs shall be admissible. Agencies { + and
hearing officers + } shall give effect to the rules of privilege
recognized by law. Objections to evidentiary offers may be made
and shall be noted in the record. Any part of the evidence may be
received in written form.
(2) All evidence shall be offered and made a part of the record
in the case, and except for matters stipulated to and except as
provided in subsection (4) of this section no other factual
information or evidence shall be considered in the determination
of the case. Documentary evidence may be received in the form of
copies or excerpts, or by incorporation by reference. The burden
of presenting evidence to support a fact or position in a
contested case rests on the proponent of the fact or position.
(3) Every party shall have the right of cross-examination of
witnesses who testify and shall have the right to submit rebuttal
evidence. Persons appearing in a limited party status shall
participate in the manner and to the extent prescribed by rule of
the agency.
(4) { - Agencies - } { + The hearing officer and agency + }
may take notice of judicially cognizable facts, and
{ - they - } may take official notice of general, technical or
scientific facts within { - their - } { + the + } specialized
knowledge { + of the hearing officer or agency + }. Parties
shall be notified at any time during the proceeding but in any
event prior to the final decision of material officially noticed
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and they shall be afforded an opportunity to contest the facts so
noticed. { - Agencies - } { + The hearing officer and
agency + } may utilize { - their - } { + the hearing
officer's or agency's + } experience, technical competence and
specialized knowledge in the evaluation of the evidence presented
{ - to them - } .
(5) No sanction shall be imposed or order be issued except upon
consideration of the whole record or such portions thereof as may
be cited by any party, and as supported by, and in accordance
with, reliable, probative and substantial evidence.
(6) Agencies may, at their discretion, be represented at
hearings by the Attorney General.
(7) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, and
unless otherwise authorized by another law, an agency may be
represented at contested case hearings by an officer or employee
of the agency if:
(a) The Attorney General has consented to the representation of
the agency by an officer or employee in the particular hearing or
in the class of hearings that includes the particular hearing;
and
(b) The agency, by rule, has authorized an officer or employee
to appear on its behalf in the particular type of hearing being
conducted.
(8) The agency representative shall not present legal argument
in contested case hearings or give legal advice to an agency.
(9) Upon judicial review, no limitation imposed pursuant to
subsection (7) of this section on the participation of an officer
or employee representing an agency shall be the basis for
reversal or remand of agency action unless the limitation
resulted in substantial prejudice to a person entitled to
judicial review of the agency action.
(10) Notwithstanding any other provision of law, in any
contested case hearing before a state agency involving child
support or public assistance as defined in ORS 411.010 a party
may be represented by any of the following persons:
(a) An authorized representative who is an employee of a
nonprofit legal services program that receives funding pursuant
to ORS 9.572. The representative must be supervised by an
attorney also employed by a legal services program.
(b) An authorized representative who is an employee of the
system designated to protect and advocate the rights of
individuals with developmental disabilities under part C of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.) and the rights of individuals with mental
illness under the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C. 10801 et seq.). The representative
must be supervised by an attorney also employed by the system.
(11) In any contested case hearing before a state agency
involving child support, a party may be represented by a law
student who is:
(a) Handling the child support matter as part of a law school
clinical program in which the student is enrolled; and
(b) Supervised by an attorney employed by the program.
(12) A person authorized to represent a party under subsections
(10) or (11) of this section may present evidence in the
proceeding, cross-examine witnesses and present factual and legal
argument in the proceeding.
SECTION 35. { + The amendments to ORS 183.450 by section 34 of
this 1999 Act become operative on January 1, 2000. + }
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{ + NOTE: + } Sections 36 and 37 were deleted by amendment.
Subsequent sections were not renumbered.
{ +
SUPPORT ENFORCEMENT + }
SECTION 38. ORS 25.311 is amended to read:
25.311. (1) After November 4, 1993, and except as otherwise
provided in ORS 25.317, when a support order is entered or
modified by the Support Enforcement Division, a district
attorney,
{ - an Employment Department hearings - } { + a hearing + }
officer or a circuit court, including a juvenile court, the order
shall include a provision requiring the obligor to pay support by
income withholding. A pleading for the entry or modification of
the support order must contain a statement that payment of
support under a new or modified order shall be by income
withholding and that an exception to payment by income
withholding may be granted under the provisions of ORS 25.317.
(2) When an obligor is subject to a support order issued or
registered in this state and fails to make payments at least
equal to the amount of support payable for one month, a court,
the Support Enforcement Division, a district attorney or the
Department of Human Resources, whichever is appropriate, shall
initiate income withholding. Except as provided by subsection (3)
of this section, the court or agency must give advance notice of
the withholding as provided by ORS 25.315.
(3) When an arrearage exists and notice of the delinquent
amount has been given to the obligor, a court, upon application,
shall issue a withholding order upon the ex parte request of a
person holding support rights, the Support Enforcement Division
or the district attorney.
(4) The obligor may initiate a withholding order, ex parte, at
any time by motion to the court or request to the Support
Enforcement Division, Department of Human Resources or district
attorney. No advance notice under ORS 25.315 is required for
withholding initiated under this subsection.
(5)(a) If an obligor is not otherwise subject to withholding,
at any time upon the request of the holder of support rights, a
court, the Support Enforcement Division or a district attorney,
as appropriate, may issue a withholding order if after notice and
an opportunity to object has been given to the obligor, a finding
is made that it would be in the best interests of the child to do
so.
(b) If the obligor has been granted an exception to withholding
under ORS 25.317 by a court, the holder of support rights must
apply for withholding under this subsection by motion to the
court.
(6) A court or agency shall issue an order to withhold when a
support order or an arrearage from another jurisdiction is
entered in Oregon in accordance with interstate income
withholding under ORS 110.300 to 110.441.
SECTION 38a. { + The amendments to ORS 25.311 by section 38 of
this 1999 Act become operative on January 1, 2000. + }
SECTION 39. ORS 25.311, as amended by section 38 of this 1999
Act, is amended to read:
25.311. (1) After November 4, 1993, and except as otherwise
provided in ORS 25.317, when a support order is entered or
modified by the Support Enforcement Division, a district
attorney,
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{ - a hearing - } { + an Employment Department hearing + }
officer or a circuit court, including a juvenile court, the order
shall include a provision requiring the obligor to pay support by
income withholding. A pleading for the entry or modification of
the support order must contain a statement that payment of
support under a new or modified order shall be by income
withholding and that an exception to payment by income
withholding may be granted under the provisions of ORS 25.317.
(2) When an obligor is subject to a support order issued or
registered in this state and fails to make payments at least
equal to the amount of support payable for one month, a court,
the Support Enforcement Division, a district attorney or the
Department of Human Resources, whichever is appropriate, shall
initiate income withholding. Except as provided by subsection (3)
of this section, the court or agency must give advance notice of
the withholding as provided by ORS 25.315.
(3) When an arrearage exists and notice of the delinquent
amount has been given to the obligor, a court, upon application,
shall issue a withholding order upon the ex parte request of a
person holding support rights, the Support Enforcement Division
or the district attorney.
(4) The obligor may initiate a withholding order, ex parte, at
any time by motion to the court or request to the Support
Enforcement Division, Department of Human Resources or district
attorney. No advance notice under ORS 25.315 is required for
withholding initiated under this subsection.
(5)(a) If an obligor is not otherwise subject to withholding,
at any time upon the request of the holder of support rights, a
court, the Support Enforcement Division or a district attorney,
as appropriate, may issue a withholding order if after notice and
an opportunity to object has been given to the obligor, a finding
is made that it would be in the best interests of the child to do
so.
(b) If the obligor has been granted an exception to withholding
under ORS 25.317 by a court, the holder of support rights must
apply for withholding under this subsection by motion to the
court.
(6) A court or agency shall issue an order to withhold when a
support order or an arrearage from another jurisdiction is
entered in Oregon in accordance with interstate income
withholding under ORS 110.300 to 110.441.
SECTION 40. { + The amendments to ORS 25.311 by section 39 of
this 1999 Act become operative on January 1, 2004. + }
{ + NOTE: + } Sections 41 and 42 were deleted by amendment.
Subsequent sections were not renumbered.
SECTION 43. ORS 25.765 is amended to read:
25.765. (1) If the obligor makes the contact within 30 days of
the date of the notice as provided for in ORS 25.759, the Support
Enforcement Division or the district attorney shall provide the
obligor with the opportunity to show that the arrears do not
exceed $2,500, or that there is a mistake in the identity of the
obligor, or that the obligor is in compliance with an agreement
entered into pursuant to rules of the Department of Human
Resources. The Support Enforcement Division or the district
attorney shall determine whether suspension should occur. If the
Support Enforcement Division or the district attorney determines
that suspension should occur, the Support Enforcement Division or
the district attorney shall make a written determination of such
finding.
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(2) The obligor may appeal the determination described in
subsection (1) of this section. Any hearing on such appeal shall
be conducted by a { - hearings - } { + hearing + } officer
{ - appointed by the Employment Department - } { + assigned
from the Hearing Officer Panel established under section 3 of
this 1999 Act + }. ORS 183.310 to 183.550 shall apply and such
appeal of the Support Enforcement Division's or district
attorney's determination shall be de novo to the
{ - hearings - } { + hearing + } officer. Any suspension is
stayed pending the decision of the { - hearings - }
{ + hearing + } officer. Any order of the { - hearings - }
{ + hearing + } officer that supports a suspension shall result
in the notification to the issuing entity by the Support
Enforcement Division or the district attorney to suspend the
license forthwith.
(3) After receipt of notice to suspend from the Support
Enforcement Division or the district attorney, no further
administrative review or contested case proceeding within or by
the issuing entity is required.
SECTION 43a. { + The amendments to ORS 25.765 by section 43 of
this 1999 Act become operative on January 1, 2000. + }
SECTION 44. ORS 25.765, as amended by section 43 of this 1999
Act, is amended to read:
25.765. (1) If the obligor makes the contact within 30 days of
the date of the notice as provided for in ORS 25.759, the Support
Enforcement Division or the district attorney shall provide the
obligor with the opportunity to show that the arrears do not
exceed $2,500, or that there is a mistake in the identity of the
obligor, or that the obligor is in compliance with an agreement
entered into pursuant to rules of the Department of Human
Resources. The Support Enforcement Division or the district
attorney shall determine whether suspension should occur. If the
Support Enforcement Division or the district attorney determines
that suspension should occur, the Support Enforcement Division or
the district attorney shall make a written determination of such
finding.
(2) The obligor may appeal the determination described in
subsection (1) of this section. Any hearing on such appeal shall
be conducted by a hearing officer { - assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act - }
{ + appointed by the Employment Department + }. ORS 183.310 to
183.550 shall apply and such appeal of the Support Enforcement
Division's or district attorney's determination shall be de novo
to the hearing officer. Any suspension is stayed pending the
decision of the hearing officer. Any order of the hearing officer
that supports a suspension shall result in the notification to
the issuing entity by the Support Enforcement Division or the
district attorney to suspend the license forthwith.
(3) After receipt of notice to suspend from the Support
Enforcement Division or the district attorney, no further
administrative review or contested case proceeding within or by
the issuing entity is required.
SECTION 45. { + The amendments to ORS 25.765 by section 44 of
this 1999 Act become operative on January 1, 2004. + }
{ + NOTE: + } Sections 46, 47 and 47a were deleted by
amendment. Subsequent sections were not renumbered.
{ +
GOVERNMENT STANDARDS AND PRACTICES + }
Enrolled House Bill 2525 (HB 2525-C) Page 18
SECTION 48. ORS 171.778 is amended to read:
171.778. (1) Upon its own instigation or signed complaint of
any person, the Oregon Government Standards and Practices
Commission may undertake action in the Preliminary Review Phase
with respect to any alleged violation of ORS 171.725 to 171.785.
The person who is the subject of a complaint or of the
commission's own action shall be notified immediately upon
receipt of the complaint or upon adoption of a motion by the
commission to undertake any action concerning the person. The
notice shall be given by telephone if the person can be reached
and a notice shall also be mailed to the person. The notice shall
include the nature of the complaint or motion and a copy of all
materials submitted along with the complaint or materials which
give rise to the commission's instigation of action on its own
motion. However, the person must also be notified in advance if
an issue that may give rise to a motion to undertake action on
the commission's own instigation is to be discussed at a
commission meeting. Before investigating any complaint or
undertaking an investigation on its own instigation, the
commission shall make a finding that there is cause to undertake
an investigation, notify the person who is the subject of the
investigation, identify the issues to be examined and shall
confine its investigation to those issues. If the commission
finds reason to expand its investigation, it shall move to do so
and shall record in its minutes the issues to be examined before
expanding the scope of its investigation and formally notify the
complainant and the person who is the subject of the complaint of
the expansion and the scope thereof. If the commission does not
make a finding of cause, it shall dismiss the complaint or
rescind its motion and shall formally enter the dismissal or
rescission on its records. The commission shall notify the person
of the dismissal or rescission. After dismissal or rescission,
the commission shall take no further action involving the person
unless a new and different complaint is filed or action at its
own instigation is undertaken based on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the person who is the subject thereof and to any employer of
the person.
(5) Hearings relating to any charge of alleged violation of ORS
171.725 to 171.785 may be held before the commission or before a
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{ - hearings - } { + hearing + } officer { - appointed by
the commission - } { + assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act + }. The procedure
shall be that for a contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint or
from acting on the commission's own instigation to the finding of
cause or dismissal of the complaint or rescission of the motion
shall be termed the Preliminary Review Phase and shall not exceed
90 days unless a delay is stipulated to by both the subject
person and the Oregon Government Standards and Practices
Commission, with the commission reserving a portion of the delay
period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause,
dismisses a complaint or rescinds a motion. Prior to the end of
the Preliminary Review Phase, the executive director of the
commission shall prepare a statement of the facts determined
during the phase, including appropriate legal citations and
relevant authorities. Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the subject person and the Oregon
Government Standards and Practices Commission, with the
commission reserving a portion of the delay period to complete
its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
Enrolled House Bill 2525 (HB 2525-C) Page 20
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
person may notify the commission that the person elects to have
the commission file a lawsuit against the person in the Marion
County Circuit Court in lieu of the contested case proceeding.
The court may impose the penalty described in ORS 171.992. The
person shall notify the commission of the election in writing no
later than 21 days after receiving notification of the
commission's action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after
receiving notice that the person has elected the lawsuit
procedure.
(9) The commission shall not inquire into or investigate any
complaint or act at its own instigation on alleged conduct that
occurred more than four years before the complaint is filed or
action is undertaken.
(10) Nothing in this section is intended to prevent the
commission and the person alleged to have violated ORS 171.725 to
171.785 from stipulating to a finding of fact concerning the
violation and consenting to an appropriate penalty. The
commission shall enter an order accordingly.
(11) As used in this section, 'cause' and 'pending' have the
meanings given those terms in ORS 244.260.
SECTION 48a. { + The amendments to ORS 171.778 by section 48
of this 1999 Act become operative on January 1, 2000. + }
SECTION 49. ORS 171.778, as amended by section 48 of this 1999
Act, is amended to read:
171.778. (1) Upon its own instigation or signed complaint of
any person, the Oregon Government Standards and Practices
Commission may undertake action in the Preliminary Review Phase
with respect to any alleged violation of ORS 171.725 to 171.785.
The person who is the subject of a complaint or of the
commission's own action shall be notified immediately upon
receipt of the complaint or upon adoption of a motion by the
commission to undertake any action concerning the person. The
notice shall be given by telephone if the person can be reached
and a notice shall also be mailed to the person. The notice shall
include the nature of the complaint or motion and a copy of all
materials submitted along with the complaint or materials which
give rise to the commission's instigation of action on its own
motion. However, the person must also be notified in advance if
an issue that may give rise to a motion to undertake action on
the commission's own instigation is to be discussed at a
commission meeting. Before investigating any complaint or
undertaking an investigation on its own instigation, the
commission shall make a finding that there is cause to undertake
an investigation, notify the person who is the subject of the
investigation, identify the issues to be examined and shall
confine its investigation to those issues. If the commission
finds reason to expand its investigation, it shall move to do so
and shall record in its minutes the issues to be examined before
expanding the scope of its investigation and formally notify the
complainant and the person who is the subject of the complaint of
Enrolled House Bill 2525 (HB 2525-C) Page 21
the expansion and the scope thereof. If the commission does not
make a finding of cause, it shall dismiss the complaint or
rescind its motion and shall formally enter the dismissal or
rescission on its records. The commission shall notify the person
of the dismissal or rescission. After dismissal or rescission,
the commission shall take no further action involving the person
unless a new and different complaint is filed or action at its
own instigation is undertaken based on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the person who is the subject thereof and to any employer of
the person.
(5) Hearings relating to any charge of alleged violation of ORS
171.725 to 171.785 may be held before the commission or before a
hearing officer { - assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act - } { + appointed
by the commission + }. The procedure shall be that for a
contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint or
from acting on the commission's own instigation to the finding of
cause or dismissal of the complaint or rescission of the motion
shall be termed the Preliminary Review Phase and shall not exceed
90 days unless a delay is stipulated to by both the subject
person and the Oregon Government Standards and Practices
Commission, with the commission reserving a portion of the delay
period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause,
Enrolled House Bill 2525 (HB 2525-C) Page 22
dismisses a complaint or rescinds a motion. Prior to the end of
the Preliminary Review Phase, the executive director of the
commission shall prepare a statement of the facts determined
during the phase, including appropriate legal citations and
relevant authorities. Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the subject person and the Oregon
Government Standards and Practices Commission, with the
commission reserving a portion of the delay period to complete
its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission, unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
person may notify the commission that the person elects to have
the commission file a lawsuit against the person in the Marion
County Circuit Court in lieu of the contested case proceeding.
The court may impose the penalty described in ORS 171.992. The
person shall notify the commission of the election in writing no
later than 21 days after receiving notification of the
commission's action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after
receiving notice that the person has elected the lawsuit
procedure.
(9) The commission shall not inquire into or investigate any
complaint or act at its own instigation on alleged conduct that
occurred more than four years before the complaint is filed or
action is undertaken.
(10) Nothing in this section is intended to prevent the
commission and the person alleged to have violated ORS 171.725 to
171.785 from stipulating to a finding of fact concerning the
Enrolled House Bill 2525 (HB 2525-C) Page 23
violation and consenting to an appropriate penalty. The
commission shall enter an order accordingly.
(11) As used in this section, 'cause' and 'pending' have the
meanings given those terms in ORS 244.260.
SECTION 50. { + The amendments to ORS 171.778 by section 49 of
this 1999 Act become operative on January 1, 2004. + }
SECTION 51. ORS 244.260 is amended to read:
244.260. (1) Upon its own instigation or signed complaint of
any person, the Oregon Government Standards and Practices
Commission may undertake action in the Preliminary Review Phase
with respect to the contents of any statements filed under this
chapter or resolution adopted pursuant thereto or any alleged
violation of any provision of this chapter. The public official
who is the subject of a complaint or of the commission's own
action shall be notified immediately upon receipt of the
complaint or upon adoption of a motion by the commission to
undertake any action concerning the public official. The notice
shall be given by telephone if the official can be reached and
shall also be in writing mailed to the official. The notice shall
include the nature of the complaint or motion and a copy of all
materials submitted along with the complaint or materials which
give rise to the commission's instigation of action on its own
motion. However, the official must also be notified in advance if
an issue that may give rise to a motion to undertake action on
the commission's own instigation is to be discussed at a
commission meeting. Before investigating any complaint or
undertaking an investigation on the commission's own instigation,
the commission shall make a finding that there is cause to
undertake an investigation, notify the public official who is the
subject of the investigation, identify the issues to be examined
and shall confine its investigation to those issues. If the
commission finds reason to expand its investigation, it shall
move to do so and shall record in its minutes the issues to be
examined before expanding the scope of its investigation and
formally notify the complainant and the public official who is
the subject of the complaint of the expansion and the scope
thereof. If the commission does not make a finding of cause, it
shall dismiss the complaint or rescind its motion and shall
formally enter the dismissal or rescission on its records. The
commission shall notify the public official of the dismissal or
rescission. After dismissal or rescission, the commission shall
take no further action involving the public official unless a new
and different complaint is filed or action at its own instigation
is undertaken based on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
Enrolled House Bill 2525 (HB 2525-C) Page 24
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the public official who is the subject thereof, to the
appointing authority, if any, and to the Attorney General for
state public officials and to the appropriate district attorney
for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any
investigation involving a judge.
(5) Hearings relating to any charge of alleged violation of
this chapter may be held before the commission or before a
{ - hearings - } { + hearing + } officer { - appointed by
the commission - } { + assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act + }. The procedure
shall be that for a contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint or
from acting on the commission's own instigation to the finding of
cause or dismissal of the complaint or rescission of the motion
shall be termed the Preliminary Review Phase and shall not exceed
90 days unless a delay is stipulated to by both the public
official and the Oregon Government Standards and Practices
Commission with the commission reserving a portion of the delay
period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause,
dismisses a complaint or rescinds a motion. Prior to the end of
the Preliminary Review Phase, the executive director of the
commission shall prepare a statement of the facts determined
during the phase, including appropriate legal citations and
relevant authorities. Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the public official and the Oregon
Enrolled House Bill 2525 (HB 2525-C) Page 25
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
public official may notify the commission that the official
elects to have the commission file a lawsuit against the official
in the Marion County Circuit Court in lieu of the contested case
proceeding. The public official shall notify the commission of
the election in writing no later than 21 days after receiving
notification of the commission's action by order to move to the
contested case proceeding. The commission shall file suit within
30 days after receiving notice that the public official has
elected the lawsuit procedure.
(9) The commission shall not inquire into or investigate any
complaint or act at its own instigation on alleged conduct that
occurred more than four years before the complaint is filed or
action is undertaken.
(10) Nothing in this section is intended to prevent the
commission and the public official or other person alleged to
have violated this chapter from stipulating to a finding of fact
concerning the violation and consenting to an appropriate
penalty. The commission shall enter an order accordingly.
(11) As used in this section:
(a) 'Cause' means that there is a substantial, objective basis
for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may
have committed the offense or violation.
(b) 'Pending' means that a prosecuting attorney is either
actively investigating the factual basis of the alleged criminal
conduct, is preparing to seek or is seeking an accusatory
instrument, has obtained an accusatory instrument and is
proceeding to trial or is in trial or in the process of
negotiating a plea.
SECTION 51a. { + The amendments to ORS 244.260 by section 51
of this 1999 Act become operative on January 1, 2000. + }
SECTION 52. ORS 244.260, as amended by section 51 of this 1999
Act, is amended to read:
244.260. (1) Upon its own instigation or signed complaint of
any person, the Oregon Government Standards and Practices
Commission may undertake action in the Preliminary Review Phase
with respect to the contents of any statements filed under this
chapter or resolution adopted pursuant thereto or any alleged
Enrolled House Bill 2525 (HB 2525-C) Page 26
violation of any provision of this chapter. The public official
who is the subject of a complaint or of the commission's own
action shall be notified immediately upon receipt of the
complaint or upon adoption of a motion by the commission to
undertake any action concerning the public official. The notice
shall be given by telephone if the official can be reached and
shall also be in writing mailed to the official. The notice shall
include the nature of the complaint or motion and a copy of all
materials submitted along with the complaint or materials which
give rise to the commission's instigation of action on its own
motion. However, the official must also be notified in advance if
an issue that may give rise to a motion to undertake action on
the commission's own instigation is to be discussed at a
commission meeting. Before investigating any complaint or
undertaking an investigation on the commission's own instigation,
the commission shall make a finding that there is cause to
undertake an investigation, notify the public official who is the
subject of the investigation, identify the issues to be examined
and shall confine its investigation to those issues. If the
commission finds reason to expand its investigation, it shall
move to do so and shall record in its minutes the issues to be
examined before expanding the scope of its investigation and
formally notify the complainant and the public official who is
the subject of the complaint of the expansion and the scope
thereof. If the commission does not make a finding of cause, it
shall dismiss the complaint or rescind its motion and shall
formally enter the dismissal or rescission on its records. The
commission shall notify the public official of the dismissal or
rescission. After dismissal or rescission, the commission shall
take no further action involving the public official unless a new
and different complaint is filed or action at its own instigation
is undertaken based on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the public official who is the subject thereof, to the
appointing authority, if any, and to the Attorney General for
state public officials and to the appropriate district attorney
for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any
investigation involving a judge.
Enrolled House Bill 2525 (HB 2525-C) Page 27
(5) Hearings relating to any charge of alleged violation of
this chapter may be held before the commission or before a
hearing officer { - assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act - } { + appointed
by the commission + }. The procedure shall be that for a
contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint or
from acting on the commission's own instigation to the finding of
cause or dismissal of the complaint or rescission of the motion
shall be termed the Preliminary Review Phase and shall not exceed
90 days unless a delay is stipulated to by both the public
official and the Oregon Government Standards and Practices
Commission with the commission reserving a portion of the delay
period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause,
dismisses a complaint or rescinds a motion. Prior to the end of
the Preliminary Review Phase, the executive director of the
commission shall prepare a statement of the facts determined
during the phase, including appropriate legal citations and
relevant authorities. Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the public official and the Oregon
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
Enrolled House Bill 2525 (HB 2525-C) Page 28
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(8) If, at the end of the Investigatory Phase, the commission
takes action by order to move to a contested case proceeding, a
public official may notify the commission that the official
elects to have the commission file a lawsuit against the official
in the Marion County Circuit Court in lieu of the contested case
proceeding. The public official shall notify the commission of
the election in writing no later than 21 days after receiving
notification of the commission's action by order to move to the
contested case proceeding. The commission shall file suit within
30 days after receiving notice that the public official has
elected the lawsuit procedure.
(9) The commission shall not inquire into or investigate any
complaint or act at its own instigation on alleged conduct that
occurred more than four years before the complaint is filed or
action is undertaken.
(10) Nothing in this section is intended to prevent the
commission and the public official or other person alleged to
have violated this chapter from stipulating to a finding of fact
concerning the violation and consenting to an appropriate
penalty. The commission shall enter an order accordingly.
(11) As used in this section:
(a) 'Cause' means that there is a substantial, objective basis
for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may
have committed the offense or violation.
(b) 'Pending' means that a prosecuting attorney is either
actively investigating the factual basis of the alleged criminal
conduct, is preparing to seek or is seeking an accusatory
instrument, has obtained an accusatory instrument and is
proceeding to trial or is in trial or in the process of
negotiating a plea.
SECTION 53. { + The amendments to ORS 244.260 by section 52 of
this 1999 Act become operative on January 1, 2004. + }
{ +
DIVISION OF STATE LANDS + }
{ + NOTE: + } Sections 54 through 56 were deleted by
amendment. Subsequent sections were not renumbered.
SECTION 57. ORS 274.755 is amended to read:
274.755. (1) Before granting any easement under ORS 274.705 to
274.860, and before offering lands for leasing under ORS 274.705
to 274.860, or whenever any person files a written application
with the Division of State Lands requesting that an easement be
granted for such lands or that such lands be offered for leasing
under ORS 274.705 to 274.860, accompanying the same with the
required fee, the division shall hold a public hearing as
provided in this section.
(2) Before granting an easement or inviting bids on any lands
subject to ORS 274.705 to 274.860, the division shall cause
written notice describing the area under consideration and other
pertinent information to be transmitted to:
Enrolled House Bill 2525 (HB 2525-C) Page 29
(a) State Geologist;
(b) Director of Transportation;
(c) Director, Department of Environmental Quality;
(d) Director, State Fish and Wildlife Commission;
(e) The applicant, if any, requesting the lease;
(f) Prospective applicants or bidders, by publication thereof
in two or more publications of general circulation in the oil and
gas industry; and
(g) The public, by publication thereof once each week for not
less than four weeks in a newspaper of general circulation
throughout the State of Oregon, and in addition in a newspaper of
general circulation in the county in which the lands lie or the
county or counties contiguous to the area under consideration for
bidding.
(3) The notice shall set forth the place of hearing and shall
set its time at not earlier than the 20th day after date of the
last newspaper publication.
(4) { - The division may appoint one of its officers or
employees or, by mutual agreement with another state agency,
board or commission, one of its employees to conduct hearings
authorized under this section. - } { + Notwithstanding section
9 of this 1999 Act, hearings under this section may be conducted
by a hearing officer assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act, or may be conducted
by a hearing officer designated by the State Land Board. + } An
officer or employee of each interested state agency, board or
commission named in subsection (2) of this section may question
any witnesses appearing { - before the division or its
representative - } { + in the hearing + }, and any interested
person may offer evidence and otherwise be heard.
SECTION 57a. { + The amendments to ORS 274.755 by section 57
of this 1999 Act become operative on January 1, 2000. + }
SECTION 58. ORS 274.755, as amended by section 57 of this 1999
Act, is amended to read:
274.755. (1) Before granting any easement under ORS 274.705 to
274.860, and before offering lands for leasing under ORS 274.705
to 274.860, or whenever any person files a written application
with the Division of State Lands requesting that an easement be
granted for such lands or that such lands be offered for leasing
under ORS 274.705 to 274.860, accompanying the same with the
required fee, the division shall hold a public hearing as
provided in this section.
(2) Before granting an easement or inviting bids on any lands
subject to ORS 274.705 to 274.860, the division shall cause
written notice describing the area under consideration and other
pertinent information to be transmitted to:
(a) State Geologist;
(b) Director of Transportation;
(c) Director, Department of Environmental Quality;
(d) Director, State Fish and Wildlife Commission;
(e) The applicant, if any, requesting the lease;
(f) Prospective applicants or bidders, by publication thereof
in two or more publications of general circulation in the oil and
gas industry; and
(g) The public, by publication thereof once each week for not
less than four weeks in a newspaper of general circulation
throughout the State of Oregon, and in addition in a newspaper of
general circulation in the county in which the lands lie or the
county or counties contiguous to the area under consideration for
bidding.
Enrolled House Bill 2525 (HB 2525-C) Page 30
(3) The notice shall set forth the place of hearing and shall
set its time at not earlier than the 20th day after date of the
last newspaper publication.
(4) { - Notwithstanding section 9 of this 1999 Act, hearings
under this section may be conducted by a hearing officer assigned
from the Hearing Officer Panel established under section 3 of
this 1999 Act, or may be conducted by a hearing officer
designated by the State Land Board. - } { + The division may
appoint one of its officers or employees or, by mutual agreement
with another state agency, board or commission, one of the
agency, board or commission employees to conduct hearings
authorized under this section. + } An officer or employee of each
interested state agency, board or commission named in subsection
(2) of this section may question any witnesses appearing in the
hearing, and any interested person may offer evidence and
otherwise be heard.
SECTION 59. { + The amendments to ORS 274.755 by section 58 of
this 1999 Act become operative on January 1, 2004. + }
{ +
OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES + }
{ +
(PUBLIC BIDDING) + }
SECTION 60. ORS 279.045 is amended to read:
279.045. (1) The procedure for appeal from a disqualification
by a public contracting agency shall be in accordance with this
section and is not subject to ORS 183.310 to 183.550 except where
specifically provided by this section.
(2) Promptly upon receipt of notice of appeal from a public
contracting agency as provided for by ORS 279.043, the Director
of the Oregon Department of Administrative Services or the local
contract review board shall notify the person appealing and the
public contracting agency of the time and place of the hearing.
The director or board shall conduct the hearing and decide the
appeal within 30 days after receiving the notification from the
public contracting agency. The director or board shall set forth
in writing the reasons for the decision.
(3) In the hearing the director or board shall consider de novo
the notice of disqualification, the record of the investigation
made by the public contracting agency and any evidence provided
by the parties. In all other respects, hearings before the
director shall be conducted in the same manner as a contested
case under ORS 183.415 (3) to (6) and (9), 183.425, 183.440 and
183.450. { - Hearings before a board shall be conducted under
rules of procedure adopted by the board. - }
(4) The director may allocate the director's cost for the
hearing between the person appealing the disqualification and the
public contracting agency whose disqualification decision is
being appealed. The allocation shall be based upon facts found by
the director and stated in the final order which, in the
director's opinion, warrant such allocation of the costs. If the
final order does not allocate the director's costs for the
hearing, such costs shall be paid as follows:
(a) If the decision to disqualify a person as a bidder is
upheld, the director's costs shall be paid by the person
appealing the disqualification.
(b) If the decision to disqualify a person as a bidder is
reversed by the director, the director's costs shall be paid by
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the public contracting agency whose disqualification decision is
the subject of the appeal.
(5) The decision of the director or board may be reviewed only
upon a petition in the circuit court of the county in which the
director or board has its principal office filed within 15 days
after the date of the decision. The circuit court shall reverse
or modify the decision only if it finds:
(a) The decision was procured by corruption, fraud or undue
means.
(b) There was evident partiality or corruption on the part of
the director or board or any of its members.
(c) There was an evident material miscalculation of figures or
an evident material mistake in the description of any person,
thing or property referred to in the decision.
(6) The procedure provided in this section is the exclusive
means of judicial review of the decision of the director or
board. The judicial review provisions of ORS 183.480 and writs
of review and mandamus as provided in ORS chapter 34, and other
legal, declaratory and injunctive remedies are not available.
(7) The circuit court may, in its discretion, stay the letting
of the contract which is the subject of the petition in the same
manner as a suit in equity. In the event the court determines
that there has been an improper disqualification and the contract
has been let, the court may proceed to take evidence to determine
the damages, if any, suffered by the petitioner and award such
damages as the court may find as a judgment against the director
or board. The court may award costs and attorney fees to the
prevailing party.
SECTION 60a. { + The amendments to ORS 279.045 by section 60
of this 1999 Act become operative on January 1, 2000. + }
SECTION 61. ORS 279.045, as amended by section 60 of this 1999
Act, is amended to read:
279.045. (1) The procedure for appeal from a disqualification
by a public contracting agency shall be in accordance with this
section and is not subject to ORS 183.310 to 183.550 except where
specifically provided by this section.
(2) Promptly upon receipt of notice of appeal from a public
contracting agency as provided for by ORS 279.043, the Director
of the Oregon Department of Administrative Services or the local
contract review board shall notify the person appealing and the
public contracting agency of the time and place of the hearing.
The director or board shall conduct the hearing and decide the
appeal within 30 days after receiving the notification from the
public contracting agency. The director or board shall set forth
in writing the reasons for the decision.
(3) In the hearing the director or board shall consider de novo
the notice of disqualification, the record of the investigation
made by the public contracting agency and any evidence provided
by the parties. In all other respects, hearings before the
director shall be conducted in the same manner as a contested
case under ORS 183.415 (3) to (6) and (9), 183.425, 183.440 and
183.450. { + Hearings before a board shall be conducted under
rules of procedure adopted by the board. + }
(4) The director may allocate the director's cost for the
hearing between the person appealing the disqualification and the
public contracting agency whose disqualification decision is
being appealed. The allocation shall be based upon facts found by
the director and stated in the final order which, in the
director's opinion, warrant such allocation of the costs. If the
Enrolled House Bill 2525 (HB 2525-C) Page 32
final order does not allocate the director's costs for the
hearing, such costs shall be paid as follows:
(a) If the decision to disqualify a person as a bidder is
upheld, the director's costs shall be paid by the person
appealing the disqualification.
(b) If the decision to disqualify a person as a bidder is
reversed by the director, the director's costs shall be paid by
the public contracting agency whose disqualification decision is
the subject of the appeal.
(5) The decision of the director or board may be reviewed only
upon a petition in the circuit court of the county in which the
director or board has its principal office filed within 15 days
after the date of the decision. The circuit court shall reverse
or modify the decision only if it finds:
(a) The decision was procured by corruption, fraud or undue
means.
(b) There was evident partiality or corruption on the part of
the director or board or any of its members.
(c) There was an evident material miscalculation of figures or
an evident material mistake in the description of any person,
thing or property referred to in the decision.
(6) The procedure provided in this section is the exclusive
means of judicial review of the decision of the director or
board. The judicial review provisions of ORS 183.480 and writs
of review and mandamus as provided in ORS chapter 34, and other
legal, declaratory and injunctive remedies are not available.
(7) The circuit court may, in its discretion, stay the letting
of the contract which is the subject of the petition in the same
manner as a suit in equity. In the event the court determines
that there has been an improper disqualification and the contract
has been let, the court may proceed to take evidence to determine
the damages, if any, suffered by the petitioner and award such
damages as the court may find as a judgment against the director
or board. The court may award costs and attorney fees to the
prevailing party.
SECTION 62. { + The amendments to ORS 279.045 by section 61 of
this 1999 Act become operative on January 1, 2004. + }
{ +
ECONOMIC DEVELOPMENT DEPARTMENT + }
SECTION 63. ORS 285A.389 is amended to read:
285A.389. (1) The Economic Development Department shall provide
such staff as it determines necessary to accomplish the purposes
of ORS 285A.383 to 285A.392. In addition to salary, subject to
the limitations otherwise provided by law, any employee of the
department shall be reimbursed for all expenses actually and
necessarily incurred in the performance of official duties.
(2) Subject to the applicable provisions of the State Personnel
Relations Law, the Director of the Economic Development
Department shall appoint all subordinate officers { - ,
including hearings officers, - } and prescribe their duties and
fix their compensation.
(3) The director shall adopt rules necessary for the
administration of ORS 285A.383 to 285A.392 pursuant to ORS
183.310 to 183.550.
SECTION 63a. { + The amendments to ORS 285A.389 by section 63
of this 1999 Act become operative on January 1, 2000. + }
SECTION 64. ORS 285A.389, as amended by section 63 of this 1999
Act, is amended to read:
Enrolled House Bill 2525 (HB 2525-C) Page 33
285A.389. (1) The Economic Development Department shall provide
such staff as it determines necessary to accomplish the purposes
of ORS 285A.383 to 285A.392. In addition to salary, subject to
the limitations otherwise provided by law, any employee of the
department shall be reimbursed for all expenses actually and
necessarily incurred in the performance of official duties.
(2) Subject to the applicable provisions of the State Personnel
Relations Law, the Director of the Economic Development
Department shall appoint all subordinate officers { + , including
hearing officers, + } and prescribe their duties and fix their
compensation.
(3) The director shall adopt rules necessary for the
administration of ORS 285A.383 to 285A.392 pursuant to ORS
183.310 to 183.550.
SECTION 65. { + The amendments to ORS 285A.389 by section 64
of this 1999 Act become operative on January 1, 2004. + }
SECTION 65a. { + If Senate Bill 1128 becomes law, sections 63
(amending ORS 285A.389), 63a, 64 (amending ORS 285A.389) and 65
of this 1999 Act are repealed. + }
{ +
TEACHER STANDARDS AND PRACTICES COMMISSION + }
{ + NOTE: + } Sections 66 through 68 were deleted by
amendment. Subsequent sections were not renumbered.
SECTION 69. ORS 342.177 is amended to read:
342.177. (1) { - The hearing may be before the Teacher
Standards and Practices Commission or may be before three or more
members thereof, designated by the commission. A member or a
hearing officer, either of whom is appointed by the commission,
shall preside at hearings. - } { + Hearings under ORS 342.176
shall be conducted by a hearing officer assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act. + }
The hearing shall be private unless the person against whom the
charge is made requests a public hearing. Students attending
school in the district which employs the person shall not be
permitted to attend any hearing except as witnesses duly
subpoenaed to testify with respect to the charges made. The
person against whom the charge is made shall have the right to be
represented by counsel and to present evidence and argument. The
evidence must be confined to the charges.
(2) The { + Teacher Standards and Practices + } Commission or
the person charged may have subpoenas issued to compel attendance
at the hearing. The person charged may have subpoenas issued by
an attorney of record subscribed by the signature of the attorney
or by the executive director. Witnesses appearing pursuant to
subpoena, other than the parties or officers or employees of the
commission, shall receive fees and mileage as prescribed by law
for witnesses in ORS 44.415 (2). The commission or the person
charged shall have the right to compel the attendance and
obedience of witnesses in the same manner as provided under ORS
183.440 (2).
(3) The commission shall render its decision at its next
regular meeting following the hearing. If the decision of the
commission is that the charge described in ORS 342.175 (1) has
been proven, the commission may take any or all of the following
disciplinary action against the person charged:
(a) Issue a public reprimand.
Enrolled House Bill 2525 (HB 2525-C) Page 34
(b) Place the person on probation for a period not to exceed
four years and subject to such conditions as the commission
considers necessary.
(c) Suspend the license of the teacher or administrator for a
period not to exceed one year.
(d) Revoke the license of the teacher or administrator.
(e) Revoke the privilege to apply for a license.
(4) If the decision of the commission is that the charge is not
proven, the commission shall order the charges dismissed.
(5) The commission shall notify in writing the person charged,
the school district by which the person is employed and the
Superintendent of Public Instruction of the decision.
SECTION 69a. { + The amendments to ORS 342.177 by section 69
of this 1999 Act become operative on January 1, 2000. + }
SECTION 70. ORS 342.177, as amended by section 69 of this 1999
Act, is amended to read:
342.177. (1) Hearings under ORS 342.176 shall be conducted by
{ + the Teacher Standards and Practices Commission, by three
members of the commission designated by the commission or by + }
a hearing officer { - assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act - } { + designated
by the commission + }. { + + }The hearing shall be private
unless the person against whom the charge is made requests a
public hearing. Students attending school in the district which
employs the person shall not be permitted to attend any hearing
except as witnesses duly subpoenaed to testify with respect to
the charges made. The person against whom the charge is made
shall have the right to be represented by counsel and to present
evidence and argument. The evidence must be confined to the
charges.
(2) The { - Teacher Standards and Practices - } commission
or the person charged may have subpoenas issued to compel
attendance at the hearing. The person charged may have subpoenas
issued by an attorney of record subscribed by the signature of
the attorney or by the executive director. Witnesses appearing
pursuant to subpoena, other than the parties or officers or
employees of the commission, shall receive fees and mileage as
prescribed by law for witnesses in ORS 44.415 (2). The commission
or the person charged shall have the right to compel the
attendance and obedience of witnesses in the same manner as
provided under ORS 183.440 (2).
(3) The commission shall render its decision at its next
regular meeting following the hearing. If the decision of the
commission is that the charge described in ORS 342.175 (1) has
been proven, the commission may take any or all of the following
disciplinary action against the person charged:
(a) Issue a public reprimand.
(b) Place the person on probation for a period not to exceed
four years and subject to such conditions as the commission
considers necessary.
(c) Suspend the license of the teacher or administrator for a
period not to exceed one year.
(d) Revoke the license of the teacher or administrator.
(e) Revoke the privilege to apply for a license.
(4) If the decision of the commission is that the charge is not
proven, the commission shall order the charges dismissed.
(5) The commission shall notify in writing the person charged,
the school district by which the person is employed and the
Superintendent of Public Instruction of the decision.
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SECTION 71. { + The amendments to ORS 342.177 by section 70 of
this 1999 Act become operative on January 1, 2004. + }
{ + NOTE: + } Sections 72 through 74 were deleted by
amendment. Subsequent sections were not renumbered.
{ +
ADULT AND FAMILY SERVICES DIVISION + }
SECTION 75. ORS 416.120 is amended to read:
416.120. (1) After having made a determination of liability of
a relative pursuant to ORS 416.010 to 416.030, 416.040, 416.050
and 416.061 to 416.100, the Adult and Family Services Division
may, in lieu of bringing an action at law on a theory of
subrogation under ORS 416.100, give notice to the responsible
relative by certified mail at the last-known address of the
responsible relative that a contribution pursuant to the scale
provided in ORS 416.061 is due and payable to the division for
aid given to the needy person and that the relative may request
in writing within 30 days of mailing of the notice a hearing on
objections to financial responsibility at a time and place, in
the county where the relative resides, as specified by the
division.
(2) The hearing shall be held before { - an examiner or
referee, appointed by the division, whose decision is subject to
review by the division - } { + a hearing officer assigned from
the Hearing Officer Panel established under section 3 of this
1999 Act + }. The hearing shall be subject to ORS 183.310 to
183.550. The relative sought to be held responsible shall be
given notice of the hearing by certified mail or personal service
at least 20 days prior to the hearing.
SECTION 75a. { + The amendments to ORS 416.120 by section 75
of this 1999 Act become operative on January 1, 2000. + }
SECTION 76. ORS 416.120, as amended by section 75 of this 1999
Act, is amended to read:
416.120. (1) After having made a determination of liability of
a relative pursuant to ORS 416.010 to 416.030, 416.040, 416.050
and 416.061 to 416.100, the Adult and Family Services Division
may, in lieu of bringing an action at law on a theory of
subrogation under ORS 416.100, give notice to the responsible
relative by certified mail at the last-known address of the
responsible relative that a contribution pursuant to the scale
provided in ORS 416.061 is due and payable to the division for
aid given to the needy person and that the relative may request
in writing within 30 days of mailing of the notice a hearing on
objections to financial responsibility at a time and place, in
the county where the relative resides, as specified by the
division.
(2) The hearing shall be held before { - a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. - } { + an examiner or referee, appointed
by the division, whose decision is subject to review by the
division. + } The hearing shall be subject to ORS 183.310 to
183.550. The relative sought to be held responsible shall be
given notice of the hearing by certified mail or personal service
at least 20 days prior to the hearing.
SECTION 77. { + The amendments to ORS 416.120 by section 76 of
this 1999 Act become operative on January 1, 2004. + }
SECTION 78. ORS 416.427 is amended to read:
416.427. (1) When a party requests a hearing pursuant to ORS
416.415, 416.425 (1) or 416.429, the contested case provisions of
Enrolled House Bill 2525 (HB 2525-C) Page 36
ORS 183.310 to 183.550 apply except when the issue of paternity
is to be resolved pursuant to ORS 416.430.
(2) Except as provided in ORS 416.430, hearings shall be
conducted by a { - qualified hearings officer appointed by the
Employment Department - } { + hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act + }.
(3) The { - hearings - } { + hearing + } officer has the
power to issue subpoenas for witnesses necessary to develop a
full record. The attorney of record for the office may issue
subpoenas. Witnesses appearing pursuant to subpoena, other than
parties or officers or employees of the administrator, shall
receive fees and mileage as prescribed by law for witnesses in
ORS 44.415 (2). Obedience to the subpoena may be compelled in the
same manner as set out in ORS 183.440 (2).
(4) Upon issuance of an order, action by the administrator to
enforce and collect upon the order, including arrearages, may be
taken. Such action shall not be stayed or partially stayed
pending appeal or by any court unless there is substantial
evidence showing that the obligor would be irreparably harmed and
that the obligee would not be irreparably harmed.
(5) An order issued by the { - hearings - } { + hearing + }
officer or the administrator is final. The order shall be in full
force and effect while any appeal is pending unless the order is
stayed by a court. No stay shall be granted unless there is
substantial evidence showing the obligor would be irreparably
harmed and that the obligee would not be irreparably harmed.
(6) Appeal of the order of the { - hearings - }
{ + hearing + } officer or any default or consent order entered
by the administrator pursuant to ORS 416.400 to 416.470 may be
taken to the circuit court of the county in which the order has
been docketed pursuant to ORS 416.440 for a hearing de novo. The
appeal shall be by petition for review filed within 60 days after
the order has been docketed pursuant to ORS 416.440. Unless
otherwise specifically provided by law, the appeal shall be
conducted pursuant to the Oregon Rules of Civil Procedure.
(7) The obligor, the obligee and the state are parties to any
proceedings, including appeals, under this section.
SECTION 78a. { + The amendments to ORS 416.427 by section 78
of this 1999 Act become operative on January 1, 2000. + }
SECTION 79. ORS 416.427, as amended by section 78 of this 1999
Act, is amended to read:
416.427. (1) When a party requests a hearing pursuant to ORS
416.415, 416.425 (1) or 416.429, the contested case provisions of
ORS 183.310 to 183.550 apply except when the issue of paternity
is to be resolved pursuant to ORS 416.430.
(2) Except as provided in ORS 416.430, hearings shall be
conducted by a { - hearing officer assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act - }
{ + qualified hearing officer appointed by the Employment
Department + }.
(3) The hearing officer has the power to issue subpoenas for
witnesses necessary to develop a full record. The attorney of
record for the office may issue subpoenas. Witnesses appearing
pursuant to subpoena, other than parties or officers or employees
of the administrator, shall receive fees and mileage as
prescribed by law for witnesses in ORS 44.415 (2). Obedience to
the subpoena may be compelled in the same manner as set out in
ORS 183.440 (2).
Enrolled House Bill 2525 (HB 2525-C) Page 37
(4) Upon issuance of an order, action by the administrator to
enforce and collect upon the order, including arrearages, may be
taken. Such action shall not be stayed or partially stayed
pending appeal or by any court unless there is substantial
evidence showing that the obligor would be irreparably harmed and
that the obligee would not be irreparably harmed.
(5) An order issued by the hearing officer or the administrator
is final. The order shall be in full force and effect while any
appeal is pending unless the order is stayed by a court. No stay
shall be granted unless there is substantial evidence showing the
obligor would be irreparably harmed and that the obligee would
not be irreparably harmed.
(6) Appeal of the order of the hearing officer or any default
or consent order entered by the administrator pursuant to ORS
416.400 to 416.470 may be taken to the circuit court of the
county in which the order has been docketed pursuant to ORS
416.440 for a hearing de novo. The appeal shall be by petition
for review filed within 60 days after the order has been docketed
pursuant to ORS 416.440. Unless otherwise specifically provided
by law, the appeal shall be conducted pursuant to the Oregon
Rules of Civil Procedure.
(7) The obligor, the obligee and the state are parties to any
proceedings, including appeals, under this section.
SECTION 80. { + The amendments to ORS 416.427 by section 79 of
this 1999 Act become operative on January 1, 2004. + }
{ +
HEALTH DIVISION + }
SECTION 81. ORS 431.730 is amended to read:
431.730. (1) At the hearing on the resolution, any interested
person shall be given a reasonable opportunity to be heard or to
present written statements. The hearing shall be for the sole
purpose of determining whether a danger to public health exists
due to conditions in the affected territory and whether such
conditions could be removed or alleviated by the provision of
service facilities. { - It may be conducted by the Assistant
Director for Health or by a hearings officer designated by the
assistant director. - } { + Hearings under this section shall
be conducted by a hearing officer assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act. + }
It shall be conducted in accordance with the provisions of ORS
183.310 to 183.550. The Health Division shall publish a notice of
the issuance of said findings and recommendations in the
newspaper utilized for the notice of hearing under ORS 431.725
(2) advising of the opportunity for presentation of a petition
under subsection (2) of this section.
(2) Within 15 days after the publication of notice of issuance
of findings in accordance with subsection (1) of this section,
any person who may be affected by the findings, or the affected
district, may petition the assistant director according to rules
of the division to present written or oral arguments relative to
the proposal. If a petition is received, the assistant director
may set a time and place for receipt of argument.
SECTION 81a. { + The amendments to ORS 431.730 by section 81
of this 1999 Act become operative on January 1, 2000. + }
SECTION 82. ORS 431.730, as amended by section 81 of this 1999
Act, is amended to read:
431.730. (1) At the hearing on the resolution, any interested
person shall be given a reasonable opportunity to be heard or to
Enrolled House Bill 2525 (HB 2525-C) Page 38
present written statements. The hearing shall be for the sole
purpose of determining whether a danger to public health exists
due to conditions in the affected territory and whether such
conditions could be removed or alleviated by the provision of
service facilities. Hearings under this section shall be
conducted by { + the Assistant Director for Health or by + } a
hearing officer
{ - assigned from the Hearing Officer Panel established under
section 3 of this 1999 Act - } { + designated by the assistant
director + }. It shall be conducted in accordance with the
provisions of ORS 183.310 to 183.550. The Health Division shall
publish a notice of the issuance of said findings and
recommendations in the newspaper utilized for the notice of
hearing under ORS 431.725 (2) advising of the opportunity for
presentation of a petition under subsection (2) of this section.
(2) Within 15 days after the publication of notice of issuance
of findings in accordance with subsection (1) of this section,
any person who may be affected by the findings, or the affected
district, may petition the assistant director according to rules
of the division to present written or oral arguments relative to
the proposal. If a petition is received, the assistant director
may set a time and place for receipt of argument.
SECTION 83. { + The amendments to ORS 431.730 by section 82 of
this 1999 Act become operative on January 1, 2004. + }
SECTION 84. ORS 448.255 is amended to read:
448.255. (1) Whenever the Assistant Director { + for
Health + } has reasonable grounds to believe that a water system
or part thereof is being operated or maintained in violation of
any rule adopted pursuant to ORS 448.115 to 448.285, 454.235 and
454.255, the assistant director shall give written notice to the
water supplier responsible for the system.
(2) The notice required under subsection (1) of this section
shall include the following:
(a) Citation of the rule allegedly violated;
(b) The manner and extent of the alleged violation; and
(c) A statement of the party's right to request a hearing.
(3) The notice shall be served personally or by registered or
certified mail and shall be accompanied by an order of the
assistant director requiring remedial action which, if taken
within the time specified in the order, will effect compliance
with the rule allegedly violated. The order shall become final
unless request for hearing is made by the party receiving the
notice within 10 days from the date of personal service or the
date of mailing of the notice.
(4) The form of petition for hearing and the procedures
employed in the hearing shall be consistent with the requirements
of ORS 183.310 to 183.550 and shall be in accordance with rules
adopted by the division.
(5) { - The assistant director may designate a hearings
officer to act on behalf of the assistant director in holding and
conducting hearings. - } { + Hearings under this section shall
be conducted by a hearing officer assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act. + }
(6) The order shall be affirmed or reversed by the assistant
director after hearing. A copy of the assistant director's
decision setting forth findings of fact and conclusions shall be
sent by registered or certified mail to the petitioner or served
personally upon the petitioner. An appeal from such decision may
be made as provided in ORS 183.480 relating to a contested case.
Enrolled House Bill 2525 (HB 2525-C) Page 39
SECTION 84a. { + The amendments to ORS 448.255 by section 84
of this 1999 Act become operative on January 1, 2000. + }
SECTION 85. ORS 448.255, as amended by section 84 of this 1999
Act, is amended to read:
448.255. (1) Whenever the Assistant Director for Health has
reasonable grounds to believe that a water system or part thereof
is being operated or maintained in violation of any rule adopted
pursuant to ORS 448.115 to 448.285, 454.235 and 454.255, the
assistant director shall give written notice to the water
supplier responsible for the system.
(2) The notice required under subsection (1) of this section
shall include the following:
(a) Citation of the rule allegedly violated;
(b) The manner and extent of the alleged violation; and
(c) A statement of the party's right to request a hearing.
(3) The notice shall be served personally or by registered or
certified mail and shall be accompanied by an order of the
assistant director requiring remedial action which, if taken
within the time specified in the order, will effect compliance
with the rule allegedly violated. The order shall become final
unless request for hearing is made by the party receiving the
notice within 10 days from the date of personal service or the
date of mailing of the notice.
(4) The form of petition for hearing and the procedures
employed in the hearing shall be consistent with the requirements
of ORS 183.310 to 183.550 and shall be in accordance with rules
adopted by the division.
(5) { - Hearings under this section shall be conducted by a
hearing officer assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act. - } { + The
assistant director may designate a hearing officer to act on
behalf of the assistant director in holding and conducting
hearings. + }
(6) The order shall be affirmed or reversed by the assistant
director after hearing. A copy of the assistant director's
decision setting forth findings of fact and conclusions shall be
sent by registered or certified mail to the petitioner or served
personally upon the petitioner. An appeal from such decision may
be made as provided in ORS 183.480 relating to a contested case.
SECTION 86. { + The amendments to ORS 448.255 by section 85 of
this 1999 Act become operative on January 1, 2004. + }
{ +
OREGON RACING COMMISSION + }
SECTION 87. ORS 462.405 is amended to read:
462.405. (1) The board of stewards appointed by the Oregon
Racing Commission for a race meet may, after an inquiry and
hearing, impose appropriate sanctions for failure to comply with
the laws and rules of racing and with the authorized commission
or board directives applicable to said race meet, subject to the
following limitations:
(a) No fine shall exceed $500 per offense.
(b) No license suspension shall be for a period longer than 365
calendar days from the date of issuance of the order of the board
of stewards.
(2) Any sanction imposed by the board of stewards shall take
effect on the date so indicated in the board's ruling unless the
effective date is stayed for good cause shown by specific order
Enrolled House Bill 2525 (HB 2525-C) Page 40
of the executive director of the commission, or a member of the
commission, pending commission review.
(3) In lieu of the board of stewards conducting any inquiry and
hearing provided for by subsection (1) of this section, the board
of stewards may request the commission to appoint and designate a
person to conduct such inquiry and hearing who shall be known as
a hearings master. The hearings master shall have the same
authority and power as the board of stewards in conducting the
inquiry and hearing. Any person adversely affected by any
hearings master ruling has the right to appeal to the commission
as provided for in subsection (4) of this section. { + The
hearings master need not be a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act. + }
(4) The board of stewards may refer any matter before it to the
commission for appropriate review or action either before or
after a board hearing or ruling. A person adversely affected by
any board ruling has the right to appeal to the commission for a
review and hearing as provided in ORS 183.310 to 183.550. Such
review shall be perfected by filing a written notice of appeal
with the executive director within 10 days after the board ruling
is issued. { + Hearings conducted by the commission under this
subsection shall be heard by a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act. + } The commission is not limited in its actions or in the
sanctions it may impose by any ruling of the board or by any
limitation imposed upon the board by commission rule or
regulation or by subsection (2) of this section.
SECTION 87a. { + The amendments to ORS 462.405 by section 87
of this 1999 Act become operative on January 1, 2000. + }
SECTION 88. ORS 462.405, as amended by section 87 of this 1999
Act, is amended to read:
462.405. (1) The board of stewards appointed by the Oregon
Racing Commission for a race meet may, after an inquiry and
hearing, impose appropriate sanctions for failure to comply with
the laws and rules of racing and with the authorized commission
or board directives applicable to said race meet, subject to the
following limitations:
(a) No fine shall exceed $500 per offense.
(b) No license suspension shall be for a period longer than 365
calendar days from the date of issuance of the order of the board
of stewards.
(2) Any sanction imposed by the board of stewards shall take
effect on the date so indicated in the board's ruling unless the
effective date is stayed for good cause shown by specific order
of the executive director of the commission, or a member of the
commission, pending commission review.
(3) In lieu of the board of stewards conducting any inquiry and
hearing provided for by subsection (1) of this section, the board
of stewards may request the commission to appoint and designate a
person to conduct such inquiry and hearing who shall be known as
a hearings master. The hearings master shall have the same
authority and power as the board of stewards in conducting the
inquiry and hearing. Any person adversely affected by any
hearings master ruling has the right to appeal to the commission
as provided for in subsection (4) of this section. { - The
hearings master need not be a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act. - }
Enrolled House Bill 2525 (HB 2525-C) Page 41
(4) The board of stewards may refer any matter before it to the
commission for appropriate review or action either before or
after a board hearing or ruling. A person adversely affected by
any board ruling has the right to appeal to the commission for a
review and hearing as provided in ORS 183.310 to 183.550. Such
review shall be perfected by filing a written notice of appeal
with the executive director within 10 days after the board ruling
is issued. { - Hearings conducted by the commission under this
subsection shall be heard by a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act. - } The commission is not limited in its actions or in the
sanctions it may impose by any ruling of the board or by any
limitation imposed upon the board by commission rule or
regulation or by subsection (2) of this section.
SECTION 89. { + The amendments to ORS 462.405 by section 88 of
this 1999 Act become operative on January 1, 2004. + }
{ +
DEPARTMENT OF JUSTICE (GAMBLING REGULATION) + }
SECTION 90. ORS 464.500 is amended to read:
464.500. (1) In order to determine compliance with state law
and rules of the department relating to the operation of bingo,
lotto, raffles or Monte Carlo events, the Department of Justice
or its designee may:
(a) Investigate whether a person has violated state law or
rules of the department relating to the operation of bingo, lotto
or raffle games or Monte Carlo events.
(b) Inspect the records of any person who lends money to, or in
any other manner finances, any licensee or applicant for any
license or who receives any income or profits from the use of the
license.
(2) The department or its designee may conduct investigations
into the operation of any bingo, lotto or raffle game or Monte
Carlo event in this state. For that purpose, the department or
its designee may subpoena witnesses, compel attendance, take
depositions and testimony and require the production of material
relevant to the investigation.
(3) The department or its designee may hold contested case
hearings which shall be subject to ORS 183.413 to 183.470,
subject to review as provided under ORS 183.480 to 183.490.
(4) Upon failure to obey a subpoena or to answer questions
asked by the department's designee and upon reasonable notice to
all persons affected, the department may apply to the circuit
court for an order compelling compliance.
(5) { - The department may appoint a hearings officer to
conduct - } Hearings regarding suspension, revocation or denial
of bingo, lotto, raffle or Monte Carlo event licenses or permits
{ + shall be conducted by a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act + }. The
{ - hearings - } { + hearing + } officer may administer oaths
and conduct the hearings as provided in ORS 183.413 to 183.470.
Salaries and expenses of the { - hearings - } { + hearing + }
officer shall be as the department shall determine and shall be
paid by the department.
SECTION 90a. { + The amendments to ORS 464.500 by section 90
of this 1999 Act become operative on January 1, 2000. + }
SECTION 91. ORS 464.500, as amended by section 90 of this 1999
Act, is amended to read:
Enrolled House Bill 2525 (HB 2525-C) Page 42
464.500. (1) In order to determine compliance with state law
and rules of the department relating to the operation of bingo,
lotto, raffles or Monte Carlo events, the Department of Justice
or its designee may:
(a) Investigate whether a person has violated state law or
rules of the department relating to the operation of bingo, lotto
or raffle games or Monte Carlo events.
(b) Inspect the records of any person who lends money to, or in
any other manner finances, any licensee or applicant for any
license or who receives any income or profits from the use of the
license.
(2) The department or its designee may conduct investigations
into the operation of any bingo, lotto or raffle game or Monte
Carlo event in this state. For that purpose, the department or
its designee may subpoena witnesses, compel attendance, take
depositions and testimony and require the production of material
relevant to the investigation.
(3) The department or its designee may hold contested case
hearings which shall be subject to ORS 183.413 to 183.470,
subject to review as provided under ORS 183.480 to 183.490.
(4) Upon failure to obey a subpoena or to answer questions
asked by the department's designee and upon reasonable notice to
all persons affected, the department may apply to the circuit
court for an order compelling compliance.
(5) { + The department may appoint a hearing officer to
conduct + } hearings regarding suspension, revocation or denial
of bingo, lotto, raffle or Monte Carlo event licenses or permits
{ - shall be conducted by a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act - } . The hearing officer may administer oaths and conduct
the hearings as provided in ORS 183.413 to 183.470. Salaries and
expenses of the hearing officer shall be as the department shall
determine and shall be paid by the department.
SECTION 92. { + The amendments to ORS 464.500 by section 91 of
this 1999 Act become operative on January 1, 2004. + }
{ +
ENVIRONMENTAL QUALITY (EQC AND DEQ) + }
SECTION 93. ORS 466.185 is amended to read:
466.185. (1) The Department of Environmental Quality shall
investigate any complaint made to it by any person that the
operation of any generator, air or water transporter or hazardous
waste disposal, storage or treatment site is unsafe or that the
operation is in violation of the provisions of ORS 466.005 to
466.385 and 466.992 or the rules adopted under ORS 466.005 to
466.385 and 466.992.
(2) If, after making an investigation under subsection (1) of
this section, the department is satisfied that sufficient grounds
exist to justify a hearing upon the complaint, it shall give 10
days' written notice of the time and place of the hearing and the
matters to be considered at the hearing. A copy of the complaint
shall be furnished by the department to the respondent. Both the
complainant and the respondent are entitled to be heard, produce
evidence and offer exhibits and to require the attendance of
witnesses at the hearing.
(3) { - The Environmental Quality Commission or a hearings
examiner appointed by the commission - } { + A hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act + } shall hear the matter. Within 30 days
Enrolled House Bill 2525 (HB 2525-C) Page 43
after the date of the hearing and after considering all evidence
and testimony submitted, the { + Environmental Quality + }
Commission shall make a specific order as it considers necessary.
Any order issued by the commission under this subsection shall be
subject to judicial review in the manner provided by ORS 183.480
for judicial review of orders in contested cases. The costs of
reporting and of transcribing the hearing for the purpose of
judicial review shall be paid by the party seeking judicial
review.
SECTION 93a. { + The amendments to ORS 466.185 by section 93
of this 1999 Act become operative on January 1, 2000. + }
SECTION 94. ORS 466.185, as amended by section 93 of this 1999
Act, is amended to read:
466.185. (1) The Department of Environmental Quality shall
investigate any complaint made to it by any person that the
operation of any generator, air or water transporter or hazardous
waste disposal, storage or treatment site is unsafe or that the
operation is in violation of the provisions of ORS 466.005 to
466.385 and 466.992 or the rules adopted under ORS 466.005 to
466.385 and 466.992.
(2) If, after making an investigation under subsection (1) of
this section, the department is satisfied that sufficient grounds
exist to justify a hearing upon the complaint, it shall give 10
days' written notice of the time and place of the hearing and the
matters to be considered at the hearing. A copy of the complaint
shall be furnished by the department to the respondent. Both the
complainant and the respondent are entitled to be heard, produce
evidence and offer exhibits and to require the attendance of
witnesses at the hearing.
(3) { - A hearing officer assigned from the Hearing Officer
Panel established under section 3 of this 1999 Act - } { + The
Environmental Quality Commission or a hearing officer appointed
by the commission + } shall hear the matter. Within 30 days after
the date of the hearing and after considering all evidence and
testimony submitted, the { - Environmental Quality - }
commission shall make a specific order as it considers necessary.
Any order issued by the commission under this subsection shall be
subject to judicial review in the manner provided by ORS 183.480
for judicial review of orders in contested cases. The costs of
reporting and of transcribing the hearing for the purpose of
judicial review shall be paid by the party seeking judicial
review.
SECTION 95. { + The amendments to ORS 466.185 by section 94 of
this 1999 Act become operative on January 1, 2004. + }
SECTION 96. ORS 466.305 is amended to read:
466.305. (1) The Department of Environmental Quality shall
investigate any complaint made to it by any person that the
operation of any PCB disposal facility is unsafe or that the
operation is in violation of a condition of the operator's permit
or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2)
and (3) and 466.260 to 466.340 or the rules adopted under ORS
466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to
466.350. Upon receiving a complaint, the department shall furnish
a copy of the complaint to the person holding the permit to
operate the PCB disposal facility.
(2) If, after making an investigation under subsection (1) of
this section, the department is satisfied that sufficient grounds
exist to justify a hearing upon the complaint, it shall give 10
days' written notice of the time and place of the hearing and the
matters to be considered at the hearing. Both the complainant and
Enrolled House Bill 2525 (HB 2525-C) Page 44
the respondent are entitled to be heard, produce evidence and
offer exhibits and to require the attendance of witnesses at the
hearing.
(3) { - The Environmental Quality Commission or a hearings
examiner appointed by the commission - } { + A hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act + } shall hear the matter. Within 30 days
after the date of the hearing and after considering all evidence
and testimony submitted, the { + Environmental Quality + }
Commission shall make a specific order as it considers necessary.
Any order issued by the commission under this subsection shall be
subject to judicial review in the manner provided by ORS 183.480
for judicial review of orders in contested cases. The costs of
reporting and of transcribing the hearing for the purpose of
judicial review shall be paid by the party seeking judicial
review.
SECTION 96a. { + The amendments to ORS 466.305 by section 96
of this 1999 Act become operative on January 1, 2000. + }
SECTION 97. ORS 466.305, as amended by section 96 of this 1999
Act, is amended to read:
466.305. (1) The Department of Environmental Quality shall
investigate any complaint made to it by any person that the
operation of any PCB disposal facility is unsafe or that the
operation is in violation of a condition of the operator's permit
or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2)
and (3) and 466.260 to 466.340 or the rules adopted under ORS
466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to
466.350. Upon receiving a complaint, the department shall furnish
a copy of the complaint to the person holding the permit to
operate the PCB disposal facility.
(2) If, after making an investigation under subsection (1) of
this section, the department is satisfied that sufficient grounds
exist to justify a hearing upon the complaint, it shall give 10
days' written notice of the time and place of the hearing and the
matters to be considered at the hearing. Both the complainant and
the respondent are entitled to be heard, produce evidence and
offer exhibits and to require the attendance of witnesses at the
hearing.
(3) { - A hearing officer assigned from the Hearing Officer
Panel established under section 3 of this 1999 Act - } { + The
Environmental Quality Commission or a hearing officer appointed
by the commission + } shall hear the matter. Within 30 days after
the date of the hearing and after considering all evidence and
testimony submitted, the { - Environmental Quality - }
commission shall make a specific order as it considers necessary.
Any order issued by the commission under this subsection shall be
subject to judicial review in the manner provided by ORS 183.480
for judicial review of orders in contested cases. The costs of
reporting and of transcribing the hearing for the purpose of
judicial review shall be paid by the party seeking judicial
review.
SECTION 98. { + The amendments to ORS 466.305 by section 97 of
this 1999 Act become operative on January 1, 2004. + }
SECTION 99. ORS 466.610 is amended to read:
466.610. Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality may:
(1) Conduct and prepare independently or in cooperation with
others, studies, investigations, research and programs pertaining
to the containment, collection, removal or cleanup of oil and
hazardous material.
Enrolled House Bill 2525 (HB 2525-C) Page 45
(2) Advise, consult, participate and cooperate with other
agencies of the state, political subdivisions, other states or
the Federal Government, in respect to any proceedings and all
matters pertaining to responses, remedial actions or cleanup of
oil and hazardous material and financing of cleanup costs,
including radioactive waste, materials and substances otherwise
subject to ORS chapters 453 and 469.
(3) Employ personnel, including specialists { - , - } { +
and + } consultants { - and hearing officers - } , purchase
materials and supplies and enter into contracts with public and
private parties necessary to carry out the provisions of ORS
466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2).
(4) Conduct and supervise educational programs about oil and
hazardous material, including the preparation and distribution of
information regarding the containment, collection, removal or
cleanup of oil and hazardous material.
(5) Provide advisory technical consultation and services to
units of local government and to state agencies.
(6) Develop and conduct demonstration programs in cooperation
with units of local government.
(7) Perform all other acts necessary to carry out the duties,
powers and responsibilities of the department under ORS 466.605
to 466.680, 466.990 (3) and (4) and 466.995 (2).
SECTION 99a. { + The amendments to ORS 466.610 by section 99
of this 1999 Act become operative on January 1, 2000. + }
SECTION 100. ORS 466.610, as amended by section 99 of this 1999
Act, is amended to read:
466.610. Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality may:
(1) Conduct and prepare independently or in cooperation with
others, studies, investigations, research and programs pertaining
to the containment, collection, removal or cleanup of oil and
hazardous material.
(2) Advise, consult, participate and cooperate with other
agencies of the state, political subdivisions, other states or
the Federal Government, in respect to any proceedings and all
matters pertaining to responses, remedial actions or cleanup of
oil and hazardous material and financing of cleanup costs,
including radioactive waste, materials and substances otherwise
subject to ORS chapters 453 and 469.
(3) Employ personnel, including specialists { + , + }
{ - and - } consultants { + and hearing officers + }, purchase
materials and supplies and enter into contracts with public and
private parties necessary to carry out the provisions of ORS
466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2).
(4) Conduct and supervise educational programs about oil and
hazardous material, including the preparation and distribution of
information regarding the containment, collection, removal or
cleanup of oil and hazardous material.
(5) Provide advisory technical consultation and services to
units of local government and to state agencies.
(6) Develop and conduct demonstration programs in cooperation
with units of local government.
(7) Perform all other acts necessary to carry out the duties,
powers and responsibilities of the department under ORS 466.605
to 466.680, 466.990 (3) and (4) and 466.995 (2).
SECTION 101. { + The amendments to ORS 466.610 by section 100
of this 1999 Act become operative on January 1, 2004. + }
SECTION 101a. ORS 466.810 is amended to read:
Enrolled House Bill 2525 (HB 2525-C) Page 46
466.810. (1) Whenever the Department of Environmental Quality
has reasonable cause to believe that an underground storage tank
or the operation of an underground storage tank violates ORS
466.706 to 466.845 and 466.994 or fails to comply with a rule,
order or permit issued under ORS 466.706 to 466.845 and 466.994,
the department may investigate the underground storage tank.
(2) After the department investigates an underground storage
tank under subsection (1) of this section, the department may,
without notice or hearing, make such findings and issue such
orders as it considers necessary to protect the public health,
safety, welfare or the environment.
(3) The findings and orders made by the department under
subsection (2) of this section may:
(a) Require changes in the operation, practices or operating
procedures found to be in violation of ORS 466.706 to 466.845 and
466.994 or the rules adopted under ORS 466.706 to 466.845 and
466.994;
(b) Require the owner or operator to comply with the provisions
of a permit;
(c) Require compliance with a schedule established in the
order; and
(d) Require any other actions considered necessary by the
department.
(4) After the department issues an order under subsection (2)
of this section, the department may decommission the underground
storage tank or contract with another person to decommission the
underground storage tank.
(5) The department shall serve a certified copy of any order
issued by it under subsection (2) of this section to the
permittee or the permittee's duly authorized representative at
the address furnished to the department in the permit application
or other address as the department knows to be used by the
permittee. The order shall take effect 20 days after the date of
its issuance, unless the permittee requests a hearing on the
order before the Environmental Quality Commission. The request
for a hearing shall be submitted in writing within 20 days after
the department issues the order.
(6) All hearings { - before the commission or its hearing
officer - } { + under this section + } shall be conducted
according to applicable provisions of ORS 183.310 to 183.550 for
contested cases.
(7) Whenever it appears to the department that any person is
engaged or about to engage in any act or practice that
constitutes a violation of ORS 466.706 to 466.845 and 466.994 or
the rules and orders adopted under ORS 466.706 to 466.845 and
466.994 or of the terms of any permit issued under ORS 466.706 to
466.845 and 466.994, the department, without prior administrative
hearing, may institute actions or proceedings for legal or
equitable remedies to enforce compliance therewith or to restrain
further violations thereof.
SECTION 101b. { + The amendments to ORS 466.810 by section
101a of this 1999 Act become operative on January 1, 2000. + }
SECTION 102. ORS 468.035 is amended to read:
468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
(a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
Enrolled House Bill 2525 (HB 2525-C) Page 47
(b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
(c) Shall advise, consult, and cooperate with other agencies of
the state, political subdivisions, other states or the Federal
Government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
(d) May employ personnel, including specialists { - , - }
{ + and + } consultants { - and hearing officers - } ,
purchase materials and supplies, and enter into contracts
necessary to carry out the purposes set forth in ORS 448.305,
454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535,
454.605 to 454.745 and ORS chapters 468, 468A and 468B.
(e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
(f) Shall provide advisory technical consultation and services
to units of local government and to state agencies.
(g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
(h) Shall serve as the agency of the state for receipt of
moneys from the Federal Government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
(i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
(j) Shall seek enforcement of the air and water pollution laws
of the state.
(k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.745 and
ORS chapters 468, 468A and 468B.
(L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
(m) May determine, by means of field studies and sampling, the
degree of air or water pollution in various regions of the state.
(n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.745 and ORS chapters 468, 468A
and 468B.
(o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Governor's
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
(2) Nothing in this section shall affect the authority of the
Health Division to make and enforce rules:
Enrolled House Bill 2525 (HB 2525-C) Page 48
(a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.440; and
(b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
(3) Nothing in this section shall prevent the State Department
of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
SECTION 102a. { + The amendments to ORS 468.035 by section 102
of this 1999 Act become operative on January 1, 2000. + }
SECTION 103. ORS 468.035, as amended by section 102 of this
1999 Act, is amended to read:
468.035. (1) Subject to policy direction by the Environmental
Quality Commission, the Department of Environmental Quality:
(a) Shall encourage voluntary cooperation by the people,
municipalities, counties, industries, agriculture, and other
pursuits, in restoring and preserving the quality and purity of
the air and the waters of the state in accordance with rules and
standards established by the commission.
(b) May conduct and prepare, independently or in cooperation
with others, studies, investigations, research and programs
pertaining to the quality and purity of the air or the waters of
the state and to the treatment and disposal of wastes.
(c) Shall advise, consult, and cooperate with other agencies of
the state, political subdivisions, other states or the Federal
Government, in respect to any proceedings and all matters
pertaining to control of air or water pollution or for the
formation and submission to the legislature of interstate
pollution control compacts or agreements.
(d) May employ personnel, including specialists { + , + }
{ - and - } consultants { + and hearing officers + }, purchase
materials and supplies, and enter into contracts necessary to
carry out the purposes set forth in ORS 448.305, 454.010 to
454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to
454.745 and ORS chapters 468, 468A and 468B.
(e) Shall conduct and supervise programs of air and water
pollution control education, including the preparation and
distribution of information regarding air and water pollution
sources and control.
(f) Shall provide advisory technical consultation and services
to units of local government and to state agencies.
(g) Shall develop and conduct demonstration programs in
cooperation with units of local government.
(h) Shall serve as the agency of the state for receipt of
moneys from the Federal Government or other public or private
agencies for the purposes of air and water pollution control,
studies or research and to expend moneys after appropriation
thereof for the purposes given.
(i) Shall make such determination of priority of air or water
pollution control projects as may be necessary under terms of
statutes enacted by the Congress of the United States.
(j) Shall seek enforcement of the air and water pollution laws
of the state.
(k) Shall institute or cause to be instituted in a court of
competent jurisdiction, proceedings to compel compliance with any
rule or standard adopted or any order or permit, or condition
thereof, issued pursuant to ORS 448.305, 454.010 to 454.040,
Enrolled House Bill 2525 (HB 2525-C) Page 49
454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.745 and
ORS chapters 468, 468A and 468B.
(L) Shall encourage the formulation and execution of plans in
conjunction with air and water pollution control agencies or with
associations of counties, cities, industries and other persons
who severally or jointly are or may be the source of air or water
pollution, for the prevention and abatement of pollution.
(m) May determine, by means of field studies and sampling, the
degree of air or water pollution in various regions of the state.
(n) May perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the
duties, powers and responsibilities of the department as set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255,
454.505 to 454.535, 454.605 to 454.745 and ORS chapters 468, 468A
and 468B.
(o) Shall coordinate any activities of the department related
to a watershed enhancement project approved by the Governor's
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
(2) Nothing in this section shall affect the authority of the
Health Division to make and enforce rules:
(a) Regarding the quality of water for human or animal
consumption pursuant to ORS 448.115 to 448.325, 624.010 to
624.120 and 624.310 to 624.440; and
(b) Regarding the quality of water for public swimming places
pursuant to ORS 431.110.
(3) Nothing in this section shall prevent the State Department
of Agriculture or the State Forestry Department from
independently receiving moneys from a public or private agency
for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities
or soil erosion, or for research related to such purposes.
SECTION 104. { + The amendments to ORS 468.035 by section 103
of this 1999 Act become operative on January 1, 2004. + }
{ +
STATE DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES + }
SECTION 104a. ORS 517.983 is amended to read:
517.983. (1) The applicant or any person who appeared before a
permitting agency at the consolidated public hearing under ORS
517.981, either orally or in writing, regarding a permit granted
or denied by the permitting agency may file with the State
Geologist a written request for a consolidated contested case
hearing. The request shall be filed within 30 days after the date
the permit was granted or denied.
(2) Upon receipt of a request under subsection (1) of this
section, the State Department of Geology and Mineral Industries
shall schedule a consolidated contested case hearing which shall
be held not less than 60 days or more than 75 days after the
notice of permit issuance under ORS 517.982. The hearing shall be
conducted in accordance with the provisions applicable to
contested case proceedings under ORS 183.310 to 183.550. Any
permit granted by a permitting agency shall be suspended until
completion of the administrative hearings process.
{ - (3) Each permitting agency for which a permit decision is
appealed may appoint a hearings officer to participate in the
formal hearing or, with the consent of all other permitting
Enrolled House Bill 2525 (HB 2525-C) Page 50
agencies, the State Department of Geology and Mineral Industries
may appoint a single hearings officer. - }
{ + (3) Hearings under this section shall be conducted by a
hearing officer assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act. + }
(4) The { - hearings - } { + hearing + } officer shall
prepare a proposed order for each contested permit. A party may
file written exceptions to the proposed order with the permitting
agency. If the permitting agency determines that additional
information may be included in the record, the agency shall
remand the order to the appropriate { - hearings - }
{ + hearing + } officer for further consideration. After
receiving exceptions and hearing argument on the exceptions, the
governing body or person within the permitting agency responsible
for making a final decision on a permit may adopt the proposed
order or issue a new order.
(5) Jurisdiction for judicial review of a permitting agency's
issuance or denial of a permit is conferred upon the Supreme
Court. Proceedings for review shall be instituted by filing a
petition in the Supreme Court. The petition shall be filed within
60 days following the date the permit is issued or denied. If the
permit with prescribed conditions is approved, the filing of the
petition for review shall stay the permit during the pendency of
judicial review for a period of up to six months from the date
the petition for review is filed. The Supreme Court may extend
the stay beyond the six-month period upon written request and a
showing by the petitioner that the activities under the permit
could result in irreparable harm to the site. Except as otherwise
provided in this subsection, the review by the Supreme Court
shall be as provided in ORS 183.482. The Supreme Court shall give
priority on its docket to such a petition for review.
(6) When only the applicant files a petition for judicial
review, the six-month stay imposed under subsection (5) of this
section may be removed by the permitting agency upon written
request within 60 days after the filing of the petition and a
showing by the applicant to support a finding by the permitting
agency that proceeding with any or all activities under the
permit will not result in irreparable harm to the site. In making
such findings the permitting agency may require an additional
bond or alternative security to be filed with the State
Department of Geology and Mineral Industries as provided in ORS
517.987. The bond shall be in an amount the permitting agency
determines necessary to assure complete restoration of the site
if the petitioner elects not to complete the project following
judicial review. Agency denial of the request to remove the stay
is subject to review by the Supreme Court under such rules as the
Supreme Court may establish.
SECTION 104b. { + The amendments to ORS 517.983 by section
104a of this 1999 Act become operative on January 1, 2000. + }
SECTION 104c. ORS 517.983, as amended by section 104a of this
1999 Act, is amended to read:
517.983. (1) The applicant or any person who appeared before a
permitting agency at the consolidated public hearing under ORS
517.981, either orally or in writing, regarding a permit granted
or denied by the permitting agency may file with the State
Geologist a written request for a consolidated contested case
hearing. The request shall be filed within 30 days after the date
the permit was granted or denied.
(2) Upon receipt of a request under subsection (1) of this
section, the State Department of Geology and Mineral Industries
Enrolled House Bill 2525 (HB 2525-C) Page 51
shall schedule a consolidated contested case hearing which shall
be held not less than 60 days or more than 75 days after the
notice of permit issuance under ORS 517.982. The hearing shall be
conducted in accordance with the provisions applicable to
contested case proceedings under ORS 183.310 to 183.550. Any
permit granted by a permitting agency shall be suspended until
completion of the administrative hearings process.
{ - (3) Hearings under this section shall be conducted by a
hearing officer assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act. - }
{ + (3) Each permitting agency for which a permit decision is
appealed may appoint a hearing officer to participate in the
formal hearing or, with the consent of all other permitting
agencies, the State Department of Geology and Mineral Industries
may appoint a single hearing officer. + }
(4) The hearing officer shall prepare a proposed order for each
contested permit. A party may file written exceptions to the
proposed order with the permitting agency. If the permitting
agency determines that additional information may be included in
the record, the agency shall remand the order to the appropriate
hearing officer for further consideration. After receiving
exceptions and hearing argument on the exceptions, the governing
body or person within the permitting agency responsible for
making a final decision on a permit may adopt the proposed order
or issue a new order.
(5) Jurisdiction for judicial review of a permitting agency's
issuance or denial of a permit is conferred upon the Supreme
Court. Proceedings for review shall be instituted by filing a
petition in the Supreme Court. The petition shall be filed within
60 days following the date the permit is issued or denied. If the
permit with prescribed conditions is approved, the filing of the
petition for review shall stay the permit during the pendency of
judicial review for a period of up to six months from the date
the petition for review is filed. The Supreme Court may extend
the stay beyond the six-month period upon written request and a
showing by the petitioner that the activities under the permit
could result in irreparable harm to the site. Except as otherwise
provided in this subsection, the review by the Supreme Court
shall be as provided in ORS 183.482. The Supreme Court shall give
priority on its docket to such a petition for review.
(6) When only the applicant files a petition for judicial
review, the six-month stay imposed under subsection (5) of this
section may be removed by the permitting agency upon written
request within 60 days after the filing of the petition and a
showing by the applicant to support a finding by the permitting
agency that proceeding with any or all activities under the
permit will not result in irreparable harm to the site. In making
such findings the permitting agency may require an additional
bond or alternative security to be filed with the State
Department of Geology and Mineral Industries as provided in ORS
517.987. The bond shall be in an amount the permitting agency
determines necessary to assure complete restoration of the site
if the petitioner elects not to complete the project following
judicial review. Agency denial of the request to remove the stay
is subject to review by the Supreme Court under such rules as the
Supreme Court may establish.
SECTION 104d. { + The amendments to ORS 517.983 by section
104c of this 1999 Act become operative on January 1, 2004. + }
Enrolled House Bill 2525 (HB 2525-C) Page 52
{ +
STATE BOARD OF FORESTRY + }
SECTION 105. ORS 527.662 is amended to read:
527.662. (1) In order to implement more efficiently the
provisions of the Oregon Forest Practices Act, the State Board of
Forestry may enter into stewardship agreements with landowners,
in lieu of the traditional mechanisms of operation planning and
review, inspections and enforcement.
(2) The objectives of stewardship agreements are to provide
responsible and knowledgeable forest landowners with an
opportunity to plan and implement forest management strategies
with reduced oversight and regulation from the State Forestry
Department and to provide an incentive for forest landowners to
provide for enhancement and restoration of fish and wildlife
habitat, water quality and other forest resources.
(3) As used in this section and in ORS 527.670 (3), '
stewardship agreement' means an agreement voluntarily entered
into and signed by a forest landowner, or representative of the
landowner, and the State Board of Forestry or the State Forester,
that sets forth the terms under which the landowner will
self-regulate to meet the purposes of the Oregon Forest Practices
Act.
(4) The board shall adopt procedures and criteria for
stewardship agreements. Generally, those procedures shall require
that:
(a) Each participating landowner prepare a stewardship plan
that includes:
(A) A description of the lands covered by the agreement.
(B) A detailed inventory of streams, high-risk sites, historic
or legacy road problem areas, known resource sites needing
protection pursuant to ORS 527.710 (3)(a) and other concerns
described by the board.
(C) Prescriptions for the protection of resources described in
the inventory that will result in meeting the objectives of the
Oregon Forest Practices Act as described in ORS 527.630 and the
administrative rules adopted pursuant to the Oregon Forest
Practices Act.
(D) Plans for the restoration and enhancement of forest
resources. Such plans may include but need not be limited to:
(i) Vacating or relocating roads that, because of their
location, present a higher risk to water quality than if they had
been located and designed to current rule standards pursuant to
ORS 527.710;
(ii) Restoration or enhancement of upstream and downstream fish
passage, including replacement of crossing structures not
designed to current rule standards pursuant to ORS 527.710;
(iii) Enhancement of fish habitat through the placement of
woody debris or other structures in or adjacent to stream
channels;
(iv) Retention of conifers adjacent to streams, to supplement
current rule requirements pursuant to ORS 527.710, consistent
with forest health considerations;
(v) Restoration of habitat for threatened and endangered
species or other wildlife habitat in short supply;
(vi) Enhanced protection of salmonid production areas;
(vii) Restoration of overwintering salmonid habitat; or
(viii) Participation in a monitoring program sponsored by the
State Forestry Department or State Department of Fish and
Wildlife.
Enrolled House Bill 2525 (HB 2525-C) Page 53
(b) Each landowner subject to a stewardship agreement
demonstrate a clear capability to carry out the provisions of the
stewardship plan and have a past record of good compliance with
the Oregon Forest Practices Act.
(c) The agreement contain a statement to the effect that if
changes occur in the Oregon Forest Practices Act or rules adopted
pursuant thereto, or in information pertinent to the inventory
required in paragraph (a)(B) of this subsection, the landowner
will make necessary changes in its forest practices to ensure
ongoing compliance with the Oregon Forest Practices Act.
(d) The State Forester conduct periodic audits on lands under
the stewardship agreement at intervals of no more than three
years to determine whether the plan is being implemented and
whether the agreement should be continued, revised or
discontinued.
(e) If the agreement applies to lands that contain high-risk
sites, the landowner shall describe the geotechnical expertise
that will be applied and the method that will be used to make
decisions regarding road construction and harvesting.
(5) Stewardship agreements may provide a benefit to landowners
by removing procedural requirements such as individual operation
plans or waiting periods but shall not waive the requirement for
notification of operations pursuant to ORS 527.670 (6) or the
waiting period for aerial application of chemicals pursuant to
ORS 527.670 (9).
(6) The board may delegate any or all authority for the
preparation and approval of stewardship agreements to the State
Forester.
(7) At least 28 days prior to the approval or amendment of a
stewardship agreement, the State Forester shall give notice of
the State Forester's intended action:
(a) To any person who has requested of the State Forester in
writing that the person be sent copies of notices of intent to
enter into a stewardship agreement; and
(b) To any person who has requested of the State Forester in
writing that the person be sent copies of notices of intent to
operate and written plans for the specific area affected by the
proposed stewardship agreement and who has paid any applicable
fee as provided in ORS 527.670 (8).
(8) Persons may submit written comments pertaining to the
stewardship agreement to the State Forester within the time
specified in subsection (9) of this section.
(9) The notice required in subsection (7) of this section shall
provide a location description of the property subject to the
proposed stewardship agreement, specify the deadline for comment,
which shall not be less than 21 days from the date notice is
sent, and shall indicate how copies of the stewardship agreement
and other pertinent documents may be obtained, or if voluminous
or costly to reproduce, the conditions of their availability to
the public.
(10) Upon approval and signature of a stewardship agreement or
amendment thereto, the State Forester shall notify persons who
submitted timely comments of the approval.
(11) Any person adversely affected or aggrieved by operations
to be conducted under an approved or amended stewardship
agreement may file a written request to the board for a hearing
if the person submitted written comments pertaining to the
stewardship agreement within the time limits established in
subsections (8) and (9) of this section.
Enrolled House Bill 2525 (HB 2525-C) Page 54
(12) A request for hearing filed under subsection (11) of this
section shall be filed within 21 days of the date the State
Forester sent the notice of approval or amendment pursuant to
subsection (10) of this section. The person requesting a hearing
shall also serve a complete copy of the request, within the
21-day period, on the landowner that is party to the stewardship
agreement. The request shall include:
(a) A copy of the comments pertaining to the stewardship
agreement that were filed by the person requesting the hearing;
(b) A statement that shows the person is adversely affected or
aggrieved by operations to be conducted under the stewardship
agreement and the person has an interest that is addressed by the
Oregon Forest Practices Act or rules adopted thereunder; and
(c) A statement that describes why the person believes the
stewardship agreement is not in conformity with this section and
rules of the board pursuant thereto.
(13) If the board finds that the person making the request
meets the requirements of subsection (12) of this section, the
board shall set the matter for hearing within 45 calendar days
after receipt of the request for hearing. The landowner that is
party to the stewardship agreement shall be an allowable party to
the hearing. The person requesting the hearing may raise, in the
hearing, only those issues that the person raised in written
comments filed under subsection (8) of this section relating to
conformity of the stewardship agreement to this section and the
rules of the board. A final order shall be issued rescinding,
affirming or modifying the approval or amendment of the
stewardship agreement within 45 days of the conclusion of the
hearing unless all parties agree to an extension of the time
limit.
(14) The board may award reasonable attorney fees and expenses
to each of the prevailing parties against any other party that
the board finds presented a position without probable cause to
believe the position was well-founded, or made a request
primarily for a purpose other than to secure appropriate action
by the board.
(15) The board may delegate to { - a hearings - } { + the
hearing + } officer the authority to { - hear and - } issue
{ - proposed or - } final orders on matters under this section.
Hearings provided under this section shall be conducted as
contested case hearings under ORS 183.413 to 183.470. The board
may establish such rules as it considers appropriate to carry out
the provisions of this section. Appeals from final hearing
orders under this section shall be provided in ORS 183.482.
SECTION 106. { + The amendments to ORS 527.662 by section 105
of this 1999 Act become operative on January 1, 2000. + }
SECTION 107. ORS 527.687 is amended to read:
527.687. (1) Subject to the notice provisions of ORS 527.683,
any civil penalty under ORS 527.992 shall be imposed in the
manner provided in ORS 183.090.
(2) In no case shall a hearing requested under ORS 183.090 be
held less than 45 days from the date of service of the notice of
penalty to allow the party to prepare testimony. The hearing
shall be held not more than 180 days following issuance of the
notice unless all parties agree on an extension.
(3) { - The State Board of Forestry, by rule, may delegate to
a hearings officer appointed by the State Forester, upon such
conditions as deemed necessary, all or part of the authority to
conduct hearings required by subsection (2) of this section. - }
{ + Hearings under this section shall be conducted by a hearing
Enrolled House Bill 2525 (HB 2525-C) Page 55
officer assigned from the Hearing Officer Panel established under
section 3 of this 1999 Act. + }
(4) All civil penalties recovered under ORS 527.610 to 527.770,
527.990 and 527.992 shall be paid to the General Fund.
SECTION 107a. { + The amendments to ORS 527.687 by section 107
of this 1999 Act become operative on January 1, 2000. + }
SECTION 108. ORS 527.687, as amended by section 107 of this
1999 Act, is amended to read:
527.687. (1) Subject to the notice provisions of ORS 527.683,
any civil penalty under ORS 527.992 shall be imposed in the
manner provided in ORS 183.090.
(2) In no case shall a hearing requested under ORS 183.090 be
held less than 45 days from the date of service of the notice of
penalty to allow the party to prepare testimony. The hearing
shall be held not more than 180 days following issuance of the
notice unless all parties agree on an extension.
(3) Hearings under this section { - shall - } { + may + }
be conducted by a hearing officer { - assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act - }
{ + designated by the State Forester + }.
(4) All civil penalties recovered under ORS 527.610 to 527.770,
527.990 and 527.992 shall be paid to the General Fund.
SECTION 109. { + The amendments to ORS 527.687 by section 108
of this 1999 Act become operative on January 1, 2004. + }
SECTION 110. ORS 527.700 is amended to read:
527.700. (1) Any operator, timber owner or landowner affected
by any finding or order of the State Forester issued under ORS
527.610 to 527.770 and 527.992 may request a hearing within 30
days after issuance of the order. The hearing shall be commenced
within 14 days after receipt of the request for hearing and a
final order shall be issued within 28 days of the request for the
hearing unless all parties agree to an extension of the time
limit.
(2) The State Board of Forestry may delegate to { - a
hearings - } { + the hearing + } officer the authority to
{ - hear and - } issue { - proposed or - } final orders on
matters under this section. Hearings provided under this section
shall be conducted as contested case hearings under ORS 183.413
to 183.470. The board may establish such rules as it deems
appropriate to carry out the provisions of this section. Appeals
from final hearing orders under this section shall be provided in
ORS 183.482.
(3) Any person adversely affected or aggrieved by an operation
described in subsection (4) of this section may file a written
request to the board for a hearing if the person submitted
written comments pertaining to the operation within the time
limits established under ORS 527.670 (9).
(4) A request for hearing may be filed under subsection (3) of
this section only if a written plan was required pursuant to ORS
527.670 (3).
(5) A request for hearing filed under subsection (3) of this
section shall be filed within 14 calendar days of the date the
written plan was approved. Copies of the complete request shall
be served, within the 14-day period, on the operator, timber
owner and landowner. The request shall include:
(a) A copy of the written plan on which the person is
requesting a hearing;
(b) A copy of the comments pertaining to the operation that
were filed by the person requesting the hearing;
Enrolled House Bill 2525 (HB 2525-C) Page 56
(c) A statement that shows the person is adversely affected or
aggrieved by the operation and has an interest which is addressed
by the Oregon Forest Practices Act or rules adopted thereunder;
and
(d) A statement of facts that establishes that the operation is
of the type described in ORS 527.670 (3).
(6) If the board finds that the person making the request meets
the requirement of subsection (5)(c) of this section, the board
shall set the matter for hearing within 14 calendar days after
receipt of the request for hearing. The operator, timber owner
and landowner shall be allowable parties to the hearing. The
person requesting the hearing may raise, in the hearing, only
those issues that the person raised in written comments filed
under ORS 527.670 (9) relating to conformity with the rules of
the board. A final order shall be issued rescinding, affirming or
modifying the written plan within 28 days after the request for
hearing was filed, unless all parties agree to an extension of
the time limit.
(7) The board may award reasonable attorney fees and expenses
to each of the prevailing parties against any other party who the
board finds presented a position without probable cause to
believe the position was well-founded, or made a request
primarily for a purpose other than to secure appropriate action
by the board.
(8)(a) Upon the written request of a person requesting a
hearing under subsection (3) of this section, a stay of the
operation subject to the hearing may be granted upon a showing
that:
(A) Commencement or continuation of the operation will
constitute a violation of the rules of the board;
(B) The person requesting the stay will suffer irreparable
injury if the stay is not granted; and
(C) The requirements of subsections (3), (4) and (5) of this
section are met.
(b) If the board grants the stay, it shall require the person
requesting the stay to give an undertaking which may be in the
amount of the damages potentially resulting from the stay, but in
any event shall not be less than $15,000. The board may impose
other reasonable requirements pertaining to the grant of the
stay. The board shall limit the effect of the stay to the
specific geographic area or elements of the operation for which
the person requesting the stay has demonstrated a violation of
the rules and irreparable injury under paragraph (a) of this
subsection.
(c) If the board affirms the written plan pertaining to the
operation for which the stay was granted, the board shall award
reasonable attorney fees and actual damages in favor of each of
the prevailing parties, to the extent incurred by each, against
the person requesting the stay.
(9) If the board disapproves or changes the written plan as
submitted and approved by the State Forester pertaining to any
operation, the board shall award reasonable attorney fees and
costs against the state in favor of each of the prevailing
parties.
(10) As used in this section, 'person' means any individual,
partnership, corporation, association, governmental subdivision
or public or private organization of any character.
SECTION 111. { + The amendments to ORS 527.700 by section 110
of this 1999 Act become operative on January 1, 2000. + }
Enrolled House Bill 2525 (HB 2525-C) Page 57
{ +
WATER RESOURCES COMMISSION + }
SECTION 112. ORS 543.055 is amended to read:
543.055. (1) The Water Resources Commission may hold hearings
and take testimony orally, by deposition or in such other form as
the commission considers satisfactory, either within or without
this state. The Water Resources Commission may require, by
subpoena, the attendance of witnesses and the production of
documentary evidence.
(2) { - The commission may appoint any person as hearing
examiner to conduct and preside over - } { + A hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act shall conduct + } any { + contested case + }
hearing { - which - } { + that + } the commission is required
or permitted by law to hold. { - A hearing examiner so
appointed shall have - } { + The hearing officer has + } the
same powers with respect to the conduct of the hearing as are
granted by law to the commission, including the taking of
testimony, the signing and issuance of subpoenas and the
administering of oaths and affirmations to witnesses. The hearing
{ - examiner - } { + officer + } shall keep a record of the
proceedings on the hearing and shall transmit such record to the
commission. { - The commission may take action upon such record
to the same extent as though the hearing has been conducted and
presided over by the commission. - }
(3) The commission may designate any person to take the
testimony, affidavit or deposition of a witness. The person so
designated may administer an oath or affirmation to any such
witness and take the testimony thereof in accordance with such
rules as the commission may prescribe.
(4) Witnesses appearing before the commission or any person
designated by the commission to take testimony shall be paid the
fees and mileage provided for witnesses in ORS 44.415 (2).
SECTION 112a. { + The amendments to ORS 543.055 by section 112
of this 1999 Act become operative on January 1, 2000. + }
SECTION 113. ORS 543.055, as amended by section 112 of this
1999 Act, is amended to read:
543.055. (1) The Water Resources Commission may hold hearings
and take testimony orally, by deposition or in such other form as
the commission considers satisfactory, either within or without
this state. The Water Resources Commission may require, by
subpoena, the attendance of witnesses and the production of
documentary evidence.
(2) { - A hearing officer assigned from the Hearing Officer
Panel established under section 3 of this 1999 Act shall conduct
any contested case - } { + The commission may appoint any
person as a hearing officer to conduct and preside over any + }
hearing that the commission is required or permitted by law to
hold. The hearing officer has the same powers with respect to the
conduct of the hearing as are granted by law to the commission,
including the taking of testimony, the signing and issuance of
subpoenas and the administering of oaths and affirmations to
witnesses. The hearing officer shall keep a record of the
proceedings on the hearing and shall transmit such record to the
commission.
(3) The commission may designate any person to take the
testimony, affidavit or deposition of a witness. The person so
designated may administer an oath or affirmation to any such
Enrolled House Bill 2525 (HB 2525-C) Page 58
witness and take the testimony thereof in accordance with such
rules as the commission may prescribe.
(4) Witnesses appearing before the commission or any person
designated by the commission to take testimony shall be paid the
fees and mileage provided for witnesses in ORS 44.415 (2).
SECTION 114. { + The amendments to ORS 543.055 by section 113
of this 1999 Act become operative on January 1, 2004. + }
SECTION 115. ORS 543.230 is amended to read:
543.230. (1) The Water Resources Commission shall, by order or
rule, provide for the time and manner of hearings upon
applications. However, upon request by any person made within 30
days after the Water Resources Director issues an order
pertaining to cumulative impacts under ORS 543.255, the Water
Resources Commission shall conduct a contested case hearing in
accordance with the applicable provisions of ORS 183.310 to
183.550 and any rules adopted by the commission.
(2) Every application for the appropriation of water for the
generation of electricity subject to the terms of ORS 543.010 to
543.610 shall be subject to protest or remonstrance on behalf of
the public, or any district organized for public purposes, or any
interested private person, on the ground that the proposed
construction, development or improvement would damage or destroy
the use or utility of the stream or other body of water involved
for other beneficial purposes, including propagation of fish,
scenic, esthetic, recreational, park, highway or other beneficial
use. All protests and remonstrances under this subsection must be
filed with the commission within the time specified in the notice
and must be in writing and verified by the parties protesting,
and a certified copy thereof shall be served upon the applicant
for the permit. However, in the discretion of the
{ - commission, or its hearing examiner - } { + hearing
officer + }, at the time of the hearing any interested party may
make an oral protest if there exists any good reason therefor,
and the { - commission or its hearing examiner - } { +
hearing officer + } shall allow the applicant to be heard in
opposition thereto. Every protest or remonstrance under this
subsection which is not filed and served as required in this
subsection shall be deemed waived.
SECTION 116. { + The amendments to ORS 543.230 by section 115
of this 1999 Act become operative on January 1, 2000. + }
SECTION 117. ORS 543.990 is amended to read:
543.990. (1) Violation of ORS 543.530 (3) is punishable, upon
conviction, by a fine of not more than $5,000, or by imprisonment
for not more than one year, or both.
(2) Violation of any of the provisions of ORS 543.010 to
543.610, or any of the conditions made a part of any license
issued under ORS 543.010 to 543.610, or any subpoena of the Water
Resources Commission or of a hearing { - examiner appointed by
the commission - } { + officer + } or any person designated by
the commission to take testimony, any lawful order or rule of the
commission is a Class B misdemeanor.
(3) Any person who willfully and knowingly gives false
testimony concerning a material matter in any hearing before the
commission, a hearing { - examiner appointed by the
commission - } { + officer + } or any person designated by the
commission to take testimony, or in any deposition or affidavit
to be used in a matter pending before the commission or a hearing
{ - examiner - } { + officer + }, or willfully and knowingly
verifies a false statement or report filed with the commission,
shall be guilty of perjury and may be prosecuted and punished as
Enrolled House Bill 2525 (HB 2525-C) Page 59
otherwise provided by law for the prosecution and punishment of
perjury.
SECTION 118. { + The amendments to ORS 543.990 by section 117
of this 1999 Act become operative on January 1, 2000. + }
{ +
STATE DEPARTMENT OF AGRICULTURE + }
SECTION 119. ORS 561.615 is amended to read:
561.615. (1) The hearing shall be conducted by { - the
Director of Agriculture, or by a person appointed by the director
for that purpose, as a contested case in accordance with ORS
183.310 to 183.550 - } { + a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act + }. { + The hearing shall be conducted as provided for
contested cases under ORS 183.310 to 183.550. + } { - The
department shall make an order pursuant to such hearing and serve
the order on the owner or person in possession of the products
within 10 days after the hearing. - }
(2) If it appears that the products are not being stored, sold,
kept, offered or exposed for sale in violation of law, the
products shall be released to the owner or person in possession.
If it appears that all or part of such products may be
reconditioned or relabeled or segregated in such a way as to
comply with state laws, the owner or person in possession may
cause them to be reconditioned, relabeled or segregated at the
owner's or person's own expense, after which the department shall
release them. If it appears that all or a part of the products
may not be reconditioned, relabeled or segregated in such a way
as to comply with state laws, that portion of the products which
may not be so treated shall be destroyed, unless the owner or
person in possession executes and delivers to the department a
good and sufficient bond to the effect that the products shall
not be sold, disposed of or used contrary to the laws of Oregon
and the rules, regulations or orders thereunder promulgated. If
any food products are found to be unfit for human consumption but
suitable for animal feeding, such food products may be used for
animal feeding as permitted by the department.
SECTION 119a. { + The amendments to ORS 561.615 by section 119
of this 1999 Act become operative on January 1, 2000. + }
SECTION 120. ORS 561.615, as amended by section 119 of this
1999 Act, is amended to read:
561.615. (1) The hearing shall be conducted by { + the
Director of Agriculture or by + } a hearing officer
{ - assigned from the Hearing Officer Panel established under
section 3 of this 1999 Act - } { + designated by the
director + }. The hearing shall be conducted as provided for
contested cases under ORS 183.310 to 183.550.
(2) If it appears that the products are not being stored, sold,
kept, offered or exposed for sale in violation of law, the
products shall be released to the owner or person in possession.
If it appears that all or part of such products may be
reconditioned or relabeled or segregated in such a way as to
comply with state laws, the owner or person in possession may
cause them to be reconditioned, relabeled or segregated at the
owner's or person's own expense, after which the department shall
release them. If it appears that all or a part of the products
may not be reconditioned, relabeled or segregated in such a way
as to comply with state laws, that portion of the products which
may not be so treated shall be destroyed, unless the owner or
Enrolled House Bill 2525 (HB 2525-C) Page 60
person in possession executes and delivers to the department a
good and sufficient bond to the effect that the products shall
not be sold, disposed of or used contrary to the laws of Oregon
and the rules, regulations or orders thereunder promulgated. If
any food products are found to be unfit for human consumption but
suitable for animal feeding, such food products may be used for
animal feeding as permitted by the department.
SECTION 121. { + The amendments to ORS 561.615 by section 120
of this 1999 Act become operative on January 1, 2004. + }
{ +
WORKERS' COMPENSATION DIVISION + }
SECTION 121a. ORS 656.704 is amended to read:
656.704. (1) Actions and orders of the Director of the
Department of Consumer and Business Services, and administrative
and judicial review thereof, regarding matters concerning a claim
under this chapter are subject to the procedural provisions of
this chapter and such procedural rules as the Workers'
Compensation Board may prescribe.
(2) Notwithstanding ORS 183.315 (1), actions and orders of the
director and the conduct of hearings and other proceedings
pursuant to this chapter, and judicial review thereof, regarding
all matters other than those concerning a claim under this
chapter, are subject to ORS 183.310 to 183.550 { - and such
procedural rules as the director may prescribe. The director may
make arrangements with the board pursuant to ORS 656.726 to
obtain the services of Administrative Law Judges to conduct such
proceedings or may make other arrangements to obtain personnel to
conduct such proceedings - } . { + Except as provided in
subsections (4) and (5) of this section, contested case hearings
under this subsection shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. + } The director by rule shall prescribe the
classes of orders issued by { - Administrative Law Judges - }
{ + hearing officers + } and other personnel that are final,
appealable orders and those orders that are preliminary orders
subject to revision by the director.
(3) For the purpose of determining the respective authority of
the director and the board to conduct hearings, investigations
and other proceedings under this chapter, and for determining the
procedure for the conduct and review thereof, matters concerning
a claim under this chapter are those matters in which a worker's
right to receive compensation, or the amount thereof, are
directly in issue. However, such matters do not include any
disputes arising under ORS 656.245, 656.248, 656.260, 656.327,
any other provisions directly relating to the provision of
medical services to workers or any disputes arising under ORS
656.340 except as those provisions may otherwise provide.
{ + (4) If a hearing involves actions and orders of the
director that are subject to hearing under this section and also
involves issues subject to hearing by an Administrative Law Judge
from the board's Hearings Division, the director may direct that
the hearing be conducted by an Administrative Law Judge in lieu
of a hearing officer assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act.
(5) Hearings under ORS 656.740 shall be conducted by an
Administrative Law Judge of the board's Hearings Division + }.
SECTION 121b. { + The amendments to ORS 656.704 by section
121a of this 1999 Act become operative on January 1, 2000. + }
Enrolled House Bill 2525 (HB 2525-C) Page 61
SECTION 121c. ORS 656.704, as amended by section 121a of this
1999 Act, is amended to read:
656.704. (1) Actions and orders of the Director of the
Department of Consumer and Business Services, and administrative
and judicial review thereof, regarding matters concerning a claim
under this chapter are subject to the procedural provisions of
this chapter and such procedural rules as the Workers'
Compensation Board may prescribe.
(2) Notwithstanding ORS 183.315 (1), actions and orders of the
director and the conduct of hearings and other proceedings
pursuant to this chapter, and judicial review thereof, regarding
all matters other than those concerning a claim under this
chapter, are subject to ORS 183.310 to 183.550 { + and such
procedural rules as the director may prescribe + }. { - Except
as provided in subsections (4) and (5) of this section, contested
case hearings under this subsection shall be conducted by a
hearing officer assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act. - } { + The
director may make arrangements with the board pursuant to ORS
656.726 to obtain the services of Administrative Law Judges to
conduct such proceedings or may make other arrangements to obtain
personnel to conduct such proceedings. + } The director by rule
shall prescribe the classes of orders issued by { - hearing
officers - } { + Administrative Law Judges + } and other
personnel that are final, appealable orders and those orders that
are preliminary orders subject to revision by the director.
(3) For the purpose of determining the respective authority of
the director and the board to conduct hearings, investigations
and other proceedings under this chapter, and for determining the
procedure for the conduct and review thereof, matters concerning
a claim under this chapter are those matters in which a worker's
right to receive compensation, or the amount thereof, are
directly in issue. However, such matters do not include any
disputes arising under ORS 656.245, 656.248, 656.260, 656.327,
any other provisions directly relating to the provision of
medical services to workers or any disputes arising under ORS
656.340 except as those provisions may otherwise provide.
{ - (4) If a hearing involves actions and orders of the
director that are subject to hearing under this section and also
involves issues subject to hearing by an Administrative Law Judge
from the board's Hearings Division, the director may direct that
the hearing be conducted by an Administrative Law Judge in lieu
of a hearing officer assigned from the Hearing Officer Panel
established under section 3 of this 1999 Act. - }
{ - (5) Hearings under ORS 656.740 shall be conducted by an
Administrative Law Judge of the board's Hearings Division. - }
SECTION 121d. { + If Senate Bill 654 becomes law, section 4,
chapter ___, Oregon Laws 1999 (Enrolled Senate Bill 654)
(amending ORS 656.704), is repealed on January 1, 2000. + }
SECTION 121e. If Senate Bill 654 becomes law, ORS 656.704, as
amended by sections 121a and 121c of this 1999 Act, is amended to
read:
656.704. (1) Actions and orders of the Director of the
Department of Consumer and Business Services, and administrative
and judicial review thereof, regarding matters concerning a claim
under this chapter are subject to the procedural provisions of
this chapter and such procedural rules as the Workers'
Compensation Board may prescribe.
(2) Notwithstanding ORS 183.315 (1), actions and orders of the
director and the conduct of hearings and other proceedings
Enrolled House Bill 2525 (HB 2525-C) Page 62
pursuant to this chapter, and judicial review thereof, regarding
all matters other than those concerning a claim under this
chapter, are subject to ORS 183.310 to 183.550 and such
procedural rules as the director may prescribe. The director may
make arrangements with the board { + chairperson + } pursuant to
ORS 656.726 to obtain the services of Administrative Law Judges
to conduct such proceedings or may make other arrangements to
obtain personnel to conduct such proceedings. The director by
rule shall prescribe the classes of orders issued by
Administrative Law Judges and other personnel that are final,
appealable orders and those orders that are preliminary orders
subject to revision by the director.
(3) For the purpose of determining the respective authority of
the director and the board to conduct hearings, investigations
and other proceedings under this chapter, and for determining the
procedure for the conduct and review thereof, matters concerning
a claim under this chapter are those matters in which a worker's
right to receive compensation, or the amount thereof, are
directly in issue. However, such matters do not include any
disputes arising under ORS 656.245, 656.248, 656.260, 656.327,
any other provisions directly relating to the provision of
medical services to workers or any disputes arising under ORS
656.340 except as those provisions may otherwise provide.
SECTION 121f. { + The amendments to ORS 656.704 by sections
121c and 121e of this 1999 Act become operative on January 1,
2004. + }
{ +
EMPLOYMENT DEPARTMENT + }
SECTION 122. ORS 657.270 is amended to read:
657.270. (1) When a request for hearing upon the claim has been
filed, as provided in ORS 657.266 to 657.269, { - the Director
of the Employment Department shall designate a referee - } { +
a hearing officer from the Hearing Officer Panel established
under section 3 of this 1999 Act shall be assigned + } to conduct
such hearing. The Director { + of the Employment Department + }
shall also notify the parties, in plain language, of their right,
upon their request, to receive by mail copies of all documents
and records in the possession of the Employment Department
relevant to the decision of the authorized representative,
including any statements of the claimant, employer or employer's
agents.
(2) When the hearing is conducted by telephone, the director
shall mail all parties copies of all documents and records in the
possession of the director which will be introduced at the
hearing as exhibits, including any statements of the claimant,
employer or employer's agents, and all jurisdictional documents,
at least seven days prior to the hearing. A party may request
that the hearing be continued in order to receive copies of and
respond to documentary evidence introduced at the hearing and not
mailed to the party prior to the hearing.
(3) After the { - referee - } { + hearing officer + } has
afforded all parties reasonable opportunity for a fair hearing,
the { - referee - } { + hearing officer + } shall promptly
affirm, modify or set aside the decision of the authorized
representative with respect to the claim and promptly shall
notify all parties entitled to notice of the decision of the
authorized representative, as set forth in ORS 657.266 to
657.269, of the decision and reasons therefor.
Enrolled House Bill 2525 (HB 2525-C) Page 63
(4) Unless the director or any other party to the hearing,
within 20 days after the delivery of such notification, or if
mailed, within 20 days after the same was mailed to the party's
last-known address, files with the Employment Appeals Board an
application for review, such decision shall be final.
(5) Where the claimant or the employer is unrepresented at the
hearing, the { - referee - } { + hearing officer + } shall
explain the issues involved in the hearing and the matters which
the unrepresented claimant or the employer must either prove or
disprove. The { - referee - } { + hearing officer + } shall
{ - insure - } { + ensure + } that the record developed at the
hearing shows a full and fair inquiry into the facts necessary
for consideration of all issues properly before the
{ - referee - } { + hearing officer + } in the case. As used
in this section, a claimant or employer is 'unrepresented' if not
represented by an attorney, paralegal worker, legal assistant,
union representative or person otherwise qualified by experience
or training.
SECTION 122a. { + If House Bill 2238 becomes law, section 2,
chapter ___, Oregon Laws 1999 (Enrolled House Bill 2238)
(amending ORS 657.270), is repealed and ORS 657.270, as amended
by section 122 of this 1999 Act, is amended to read: + }
657.270. (1) When a request for hearing upon the claim has been
filed, as provided in ORS 657.266 to 657.269, a hearing officer
from the Hearing Officer Panel established under section 3 of
this 1999 Act shall be assigned to conduct such hearing. The
Director of the Employment Department shall also notify the
parties, in plain language, of their right, upon their request,
to receive by mail copies of all documents and records in the
possession of the Employment Department relevant to the decision
of the authorized representative, including any statements of the
claimant, employer or employer's agents.
(2) When the hearing is conducted by telephone, the director
shall mail all parties copies of all documents and records in the
possession of the director which will be introduced at the
hearing as exhibits, including any statements of the claimant,
employer or employer's agents, and all jurisdictional documents,
at least seven days prior to the hearing. A party may request
that the hearing be continued in order to receive copies of and
respond to documentary evidence introduced at the hearing and not
mailed to the party prior to the hearing.
(3) After the hearing officer has { - afforded - }
{ + given + } all parties reasonable opportunity for a fair
hearing, the hearing officer shall promptly affirm, modify or set
aside the decision of the authorized representative with respect
to the claim and promptly shall notify all parties entitled to
notice of the decision of the authorized representative, as set
forth in ORS 657.266 to 657.269, of the { + hearing
officer's + } decision and reasons therefor. { + The hearing
officer may address issues raised by evidence in the record,
including but not limited to the nature of the separation,
notwithstanding the scope of the issues raised by the parties or
the arguments in a party's request for hearing. + }
(4) Unless the director or any other party to the hearing,
within 20 days after the delivery of such notification, or if
mailed, within 20 days after the same was mailed to the party's
last-known address, files with the Employment Appeals Board an
application for review, such decision shall be final.
(5) { - Where - } { + When + } the claimant or the employer
is unrepresented at the hearing, the hearing officer shall
Enrolled House Bill 2525 (HB 2525-C) Page 64
explain the issues involved in the hearing and the matters which
the unrepresented claimant or the employer must either prove or
disprove. The hearing officer shall ensure that the record
developed at the hearing shows a full and fair inquiry into the
facts necessary for consideration of all issues properly before
the hearing officer in the case. As used in this section, a
claimant or employer is 'unrepresented' if not represented by an
attorney, paralegal worker, legal assistant, union representative
or person otherwise qualified by experience or training.
SECTION 122b. { + The repeal of section 2, chapter ___, Oregon
Laws 1999 (Enrolled House Bill 2238) (amending ORS 657.270), by
section 122a of this 1999 Act and the amendments to ORS 657.270
by sections 122 and 122a of this 1999 Act become operative on
January 1, 2000. + }
SECTION 122c. If House Bill 2238 becomes law, section 6,
chapter ___, Oregon Laws 1999 (Enrolled House Bill 2238), is
amended to read:
{ + Sec. 6. + } The amendments to ORS 657.176 { - ,
657.270 - } and 657.275 by sections 1 { - , 2 - } and 3
{ - of this 1999 Act - } { + , chapter ___, Oregon Laws 1999
(Enrolled House Bill 2238), and the amendments to ORS 657.270 by
section 122a of this 1999 Act + } apply to claims filed on or
after the effective date of { + chapter ___, Oregon Laws 1999
(Enrolled House Bill 2238) + } { - this 1999 Act - } .
SECTION 123. ORS 657.270, as amended by section 122 of this
1999 Act, is amended to read:
657.270. (1) When a request for hearing upon the claim has been
filed, as provided in ORS 657.266 to 657.269, a hearing officer
{ - from the Hearing Officer Panel established under section 3
of this 1999 Act - } { + designated by the Director of the
Employment Department + } shall be assigned to conduct such
hearing. The director
{ - of the Employment Department - } shall also notify the
parties, in plain language, of their right, upon their request,
to receive by mail copies of all documents and records in the
possession of the Employment Department relevant to the decision
of the authorized representative, including any statements of the
claimant, employer or employer's agents.
(2) When the hearing is conducted by telephone, the director
shall mail all parties copies of all documents and records in the
possession of the director which will be introduced at the
hearing as exhibits, including any statements of the claimant,
employer or employer's agents, and all jurisdictional documents,
at least seven days prior to the hearing. A party may request
that the hearing be continued in order to receive copies of and
respond to documentary evidence introduced at the hearing and not
mailed to the party prior to the hearing.
(3) After the hearing officer has afforded all parties
reasonable opportunity for a fair hearing, the hearing officer
shall promptly affirm, modify or set aside the decision of the
authorized representative with respect to the claim and promptly
shall notify all parties entitled to notice of the decision of
the authorized representative, as set forth in ORS 657.266 to
657.269, of the decision and reasons therefor.
(4) Unless the director or any other party to the hearing,
within 20 days after the delivery of such notification, or if
mailed, within 20 days after the same was mailed to the party's
last-known address, files with the Employment Appeals Board an
application for review, such decision shall be final.
Enrolled House Bill 2525 (HB 2525-C) Page 65
(5) Where the claimant or the employer is unrepresented at the
hearing, the hearing officer shall explain the issues involved in
the hearing and the matters which the unrepresented claimant or
the employer must either prove or disprove. The hearing officer
shall ensure that the record developed at the hearing shows a
full and fair inquiry into the facts necessary for consideration
of all issues properly before the hearing officer in the case. As
used in this section, a claimant or employer is 'unrepresented'
if not represented by an attorney, paralegal worker, legal
assistant, union representative or person otherwise qualified by
experience or training.
SECTION 123a. { + If House Bill 2238 becomes law, section 123
of this 1999 Act (amending ORS 657.270) is repealed and ORS
657.270, as amended by sections 122 and 122a of this 1999 Act, is
amended to read: + }
657.270. (1) When a request for hearing upon the claim has been
filed, as provided in ORS 657.266 to 657.269, a hearing officer
{ - from the Hearing Officer Panel established under section 3
of this 1999 Act - } { + designated by the Director of the
Employment Department + } shall be assigned to conduct such
hearing. The director
{ - of the Employment Department - } shall also notify the
parties, in plain language, of their right, upon their request,
to receive by mail copies of all documents and records in the
possession of the Employment Department relevant to the decision
of the authorized representative, including any statements of the
claimant, employer or employer's agents.
(2) When the hearing is conducted by telephone, the director
shall mail all parties copies of all documents and records in the
possession of the director which will be introduced at the
hearing as exhibits, including any statements of the claimant,
employer or employer's agents, and all jurisdictional documents,
at least seven days prior to the hearing. A party may request
that the hearing be continued in order to receive copies of and
respond to documentary evidence introduced at the hearing and not
mailed to the party prior to the hearing.
(3) After the hearing officer has given all parties reasonable
opportunity for a fair hearing, the hearing officer shall
promptly affirm, modify or set aside the decision of the
authorized representative with respect to the claim and promptly
shall notify all parties entitled to notice of the decision of
the authorized representative, as set forth in ORS 657.266 to
657.269, of the hearing officer's decision and reasons therefor.
The hearing officer may address issues raised by evidence in the
record, including but not limited to the nature of the
separation, notwithstanding the scope of the issues raised by the
parties or the arguments in a party's request for hearing.
(4) Unless the director or any other party to the hearing,
within 20 days after the delivery of such notification, or if
mailed, within 20 days after the same was mailed to the party's
last-known address, files with the Employment Appeals Board an
application for review, such decision shall be final.
(5) When the claimant or the employer is unrepresented at the
hearing, the hearing officer shall explain the issues involved in
the hearing and the matters which the unrepresented claimant or
the employer must either prove or disprove. The hearing officer
shall ensure that the record developed at the hearing shows a
full and fair inquiry into the facts necessary for consideration
of all issues properly before the hearing officer in the case. As
used in this section, a claimant or employer is 'unrepresented'
Enrolled House Bill 2525 (HB 2525-C) Page 66
if not represented by an attorney, paralegal worker, legal
assistant, union representative or person otherwise qualified by
experience or training.
SECTION 124. { + The amendments to ORS 657.270 by sections 123
and 123a of this 1999 Act become operative on January 1,
2004. + }
SECTION 125. ORS 657.275 is amended to read:
657.275. (1) Whenever the Director of the Employment Department
or any interested party files with the Employment Appeals Board a
timely application for review, the Employment Appeals Board shall
promptly affirm, modify or set aside the decision of the
{ - referee - } { + hearing officer + }. The claimant and any
other interested party shall be promptly notified of its
decision. If the Employment Appeals Board finds that additional
evidence is required to reach a decision, it may remand the
matter to the
{ - referee - } { + hearing officer + } to conduct a hearing
to obtain additional evidence in the matter. The Employment
Appeals Board shall promptly notify the claimant and any other
interested party of such action. The { - referee - } { +
hearing officer + } may either make a new decision based on the
additional and original evidence or forward the additional
evidence to the Employment Appeals Board for a decision. If the
{ - referee - } { + hearing officer + } issues a new decision,
it shall be subject to review in accordance with the provisions
of ORS 657.270 (4).
(2) The Employment Appeals Board shall perform de novo review
on the record. The Employment Appeals Board may enter its own
findings and conclusions or may adopt the findings and
conclusions of the { - referee - } { + hearing officer + },
or any part thereof. Where there is evidence in the record both
to make more probable and less probable the existence of any
basic fact or inference, the Employment Appeals Board need not
explain its decision to believe or rely on such evidence unless
the { - referee - } { + hearing officer + } has made an
explicit credibility determination regarding the source of such
facts or evidence. The Employment Appeals Board is not required
to give any weight to implied credibility findings. The decision
of the Employment Appeals Board shall become the final order
unless petition for judicial review is filed in accordance with
ORS 657.282.
SECTION 126. { + The amendments to ORS 657.275 by section 125
of this 1999 Act become operative on January 1, 2000. + }
SECTION 127. ORS 657.280 is amended to read:
657.280. (1) The manner in which disputed claims shall be
presented { - , - } { + and + } the reports thereon required
from the claimant and from the employers { - and the conduct of
hearings - } shall be in accordance with the regulations
prescribed by the Director of the Employment Department { - for
determining the rights of the parties, whether or not such
regulations conform to common law or statutory rules of evidence
and other technical rules of procedure - } .
(2) A full and complete record shall be kept of all proceedings
in connection with the disputed claim. All testimony at any
hearing upon a disputed claim shall be recorded but need not be
transcribed unless the disputed claim is appealed further.
SECTION 127a. { + The amendments to ORS 657.280 by section 127
of this 1999 Act become operative on January 1, 2000. + }
SECTION 128. ORS 657.280, as amended by section 127 of this
1999 Act, is amended to read:
Enrolled House Bill 2525 (HB 2525-C) Page 67
657.280. (1) The manner in which disputed claims shall be
presented { + , + } { - and - } the reports thereon required
from the claimant and from the employers { + and the conduct of
hearings + } shall be in accordance with the regulations
prescribed by the Director of the Employment Department { + for
determining the rights of the parties, whether or not such
regulations conform to common law or statutory rules of evidence
and other technical rules of procedure + }.
(2) A full and complete record shall be kept of all proceedings
in connection with the disputed claim. All testimony at any
hearing upon a disputed claim shall be recorded but need not be
transcribed unless the disputed claim is appealed further.
SECTION 129. { + The amendments to ORS 657.280 by section 128
of this 1999 Act become operative on January 1, 2004. + }
SECTION 130. ORS 657.471 is amended to read:
657.471. (1) Subject to the provisions of subsections (2) to
(7), (10) and (11) of this section, benefits paid to an eligible
individual shall be charged to each of the individual's employers
during the base year in the same proportion that the wages paid
by each employer to the individual during the base year bear to
the wages paid by all employers to that individual during that
year.
(2) With the exception of a political subdivision electing to
pay taxes pursuant to ORS 657.509, an employer's account shall
not be charged with benefits paid an unemployed individual in
excess of one-third of the base year wages paid that individual
while in the employ of such employer.
(3) Benefits paid to an individual for unemployment immediately
after the expiration of a period of disqualification for having
left work of an employer voluntarily without good cause shall not
be charged to that employer.
(4) Benefits paid to an individual for unemployment immediately
after the expiration of a period of disqualification for having
been discharged by an employer for misconduct shall not be
charged to that employer.
(5) Benefits paid without any disqualification to an individual
who has left work of an employer voluntarily for good cause not
attributable to the employer shall not be charged to that
employer for the immediate period of unemployment.
(6) If it is determined under the provisions of subsection (3),
(4) or (5) of this section that benefits paid to an individual
shall not be charged to an employer, such employer's account
shall not be charged for any benefits paid for any subsequent
period or periods of unemployment during that individual's
affected benefit year or during any benefit year beginning within
52 weeks subsequent to the affected benefit year.
(7) If a base-year employer, not otherwise eligible for relief
of charges for benefits under this section, receives notification
of an initial valid determination of a claim filed by an
individual who:
(a) Left work of such employer voluntarily and not attributable
to the employer, such employer may request relief of charges
within 30 days of the date the notice provided for in ORS 657.266
is mailed or delivered to the employer. The request must advise
the Director of the Employment Department in writing the date of
such leaving and that such leaving was voluntary and not
attributable to the employer and the reason therefor. Upon
receipt of such notice from the employer the director shall
investigate the separation and if the resulting determination,
which shall be made by the director, establishes that the leaving
Enrolled House Bill 2525 (HB 2525-C) Page 68
was voluntary and not attributable to the employer, that
employer's account shall not be charged with benefits during that
individual's benefit year. If the individual was reemployed by
such employer prior to the filing of the initial valid claim, the
employer shall not receive relief of the employer's account under
this subsection; or
(b) Was disqualified for the individual's most recent
separation from such employer by the director's decision which
found the individual has been discharged for misconduct connected
with the work, that employer may request relief of charges within
30 days of the date the notice provided for in ORS 657.266 is
mailed or delivered to the employer. Upon receipt of such request
from the employer, the director shall examine department records
and if the requirements of this subsection have been met shall
grant the relief of charges to that employer for benefits paid to
the individual during the benefit year.
(8) The determination of the director under subsections (7)(a)
and (11) of this section shall be final in all cases unless an
application for hearing is filed within 20 days after delivery of
such decision, or, if mailed, within 20 days after the same was
mailed to the employer's last-known address. When a request for
hearing has been timely filed, { - the director shall
designate - } a
{ - referee - } { + hearing officer shall be assigned + } to
conduct a hearing. After the { - referee - } { + hearing
officer + } has afforded all parties an opportunity for a fair
hearing, the { - referee - } { + hearing officer + } shall
affirm or reverse the decision and promptly notify all parties
entitled to notice of the decision and the reasons therefor.
Decisions of the { - referee - } { + hearing officer + }
under this subsection become final and may be judicially reviewed
as provided in ORS 657.684 to the extent applicable.
(9) If the director finds that an employer or any employee,
officer or agent of an employer, in submitting facts pursuant to
subsection (7) or (8) of this section willfully makes a false
statement or representation or willfully fails to report a
material fact concerning the termination of an individual's
employment, the director shall make a determination thereon
charging the employer's reserve account not less than two nor
more than 10 times the weekly benefit amount of the claimant or
claimants, as the case may be. The director shall give notice to
the employer of the determination under this subsection and such
decision of the director shall become final unless an application
for hearing is filed in accordance with subsection (8) of this
section.
(10) Benefits paid to an individual shall not be charged to a
base-year employer if:
(a) The employer furnished part-time work to the individual
during the base year;
(b) The individual has become eligible for benefits because of
loss of employment with one or more other employers;
(c) The employer has continued to furnish part-time work to the
individual in substantially the same amount as during the
individual's base year; and
(d) The employer requests relief of charges within 30 days of
the date the notice provided for in ORS 657.266 is mailed or
delivered to the employer.
(11) If a base-year employer, not otherwise eligible for relief
of charges, responds in writing within 10 days to the notice of
claim filing provided pursuant to ORS 657.265 stating that the
Enrolled House Bill 2525 (HB 2525-C) Page 69
individual was discharged for misconduct connected with the work
and stating the reason for the discharge, the director shall:
(a) Investigate the separation if the individual claims
benefits for a week within that benefit year after the effective
date of the notice; and
(b) Relieve the employer's account for any benefits claimed by
the individual during the remainder of that benefit year,
provided that:
(A) The individual was not reemployed by the employer prior to
claiming a week of benefits during the benefit year; and
(B) The director determines that the individual was discharged
for misconduct connected with the work.
SECTION 131. { + The amendments to ORS 657.471 by section 130
of this 1999 Act become operative on January 1, 2000. + }
SECTION 132. ORS 657.485 is amended to read:
657.485. (1) An employer, when notified that the employer has
been determined an employer subject to this chapter, shall also
be notified of the tax rate for the employer as determined
pursuant to this chapter. Such tax rate shall become conclusive
and binding upon the employer unless within 20 days after the
mailing of the notice to the last-known address of the employer
as shown on the records of the Director of the Employment
Department, or in the absence of mailing, within 20 days after
the delivery of such notice, the employer files a request for
hearing with the director, setting forth the reason therefor.
(2) An employer whose rate has been determined in accordance
with the provisions of ORS 657.462, shall be notified of the tax
rate for the employer not later than November 15 of the year
preceding the calendar year for which the rate is applicable. An
employer whose account is open according to the Employment
Department records as of November 15 but whose tax rate was not
determined under ORS 657.462 shall be notified of the tax rate
for the following calendar year by November 15 or as soon as
possible thereafter. Such tax rate shall become conclusive and
binding upon the employer unless, within 20 days after the
mailing of the notice to the last-known address of the employer
as shown by the records of the director or, in the absence of
mailing, within 20 days after the delivery of such notice, the
employer files a written application for review and
redetermination with the director, setting forth the reasons
therefor.
(3) If a valid application is filed within the time provided in
subsection (2) of this section, an authorized representative of
the director shall review the determination and notify the
employer in writing thereof. If the review results in a change in
either the employer's tax rate or information included on the
original tax rate notice, an amended notice shall be provided the
employer.
(4) The decision of the authorized representative reflecting
the result of the review provided for in subsection (3) of this
section shall become final and conclusive and binding upon the
employer unless the employer, within 20 days after delivery of
the notice, or if mailed, within 20 days after the same was
mailed to the last-known address of the employer, files a request
for hearing with the director. The request shall be in writing
and shall state that the decision of the authorized
representative is incorrect and the reasons therefor.
(5) When a valid request for hearing has been filed, as
provided in subsections (1) and (4) of this section, { - a
referee designated by the director shall grant - } a hearing
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{ + shall be conducted by a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act + } unless a hearing has previously been afforded the
employer on the same grounds as set forth in the request. The
{ - referee - } { + hearing officer + } shall give notice of
the time and place of hearing to the director or authorized
representative of the director and shall also give notice to the
employer by mail directed to the last-known address of record
with the director. Hearings under this subsection shall be
conducted in accordance with this chapter { - and the rules of
the director - } . The filing of a request for hearing with
respect to a disputed tax rate shall not affect the right of the
director or authorized representative of the director to perfect
any liens provided by this chapter.
(6) After hearing, the { - referee - } { + hearing
officer + } shall enter findings of fact and decision either
affirming or modifying the tax rate notice. The employer and the
director shall be promptly notified of the decision of the
{ - referee - } { + hearing officer + }. All testimony at any
hearing held before a { - referee - } { + hearing officer + }
under this section shall be recorded but need not be transcribed
unless a petition for judicial review from the decision of the
{ - referee - } { + hearing officer + } is filed in the
manner and within the time prescribed in ORS 657.487.
(7) A decision of the { - referee - } { + hearing
officer + } shall become final on the date of notification or the
mailing thereof to the director and to the employer at the
last-known address of record with the director, and shall become
conclusive and binding upon the employer and the director unless
a petition for judicial review is filed in the manner and within
the time prescribed in ORS 657.487.
(8) No employer shall have any standing, in any proceeding
involving tax rate or tax liability, to contest the chargeability
to the account of the employer of any benefits paid in accordance
with a determination, redetermination or decision pursuant to ORS
657.265, 657.266 to 657.269 and 657.270 to 657.290, except upon
the ground that the services on the basis of which such benefits
were found to be chargeable did not constitute services performed
in employment for the employer or for a predecessor employer and
only in the event that the employer or the predecessor was not a
party to such determination, redetermination or decision or to
any other proceeding under this chapter in which the character of
such service was determined. At any hearing under this section
the tax rate determined by the director or authorized
representative of the director shall be prima facie correct and
the burden shall be upon the protesting employer to prove it is
incorrect.
SECTION 132a. { + The amendments to ORS 657.485 by section 132
of this 1999 Act become operative on January 1, 2000. + }
SECTION 133. ORS 657.485, as amended by section 132 of this
1999 Act, is amended to read:
657.485. (1) An employer, when notified that the employer has
been determined an employer subject to this chapter, shall also
be notified of the tax rate for the employer as determined
pursuant to this chapter. Such tax rate shall become conclusive
and binding upon the employer unless within 20 days after the
mailing of the notice to the last-known address of the employer
as shown on the records of the Director of the Employment
Department, or in the absence of mailing, within 20 days after
Enrolled House Bill 2525 (HB 2525-C) Page 71
the delivery of such notice, the employer files a request for
hearing with the director, setting forth the reason therefor.
(2) An employer whose rate has been determined in accordance
with the provisions of ORS 657.462, shall be notified of the tax
rate for the employer not later than November 15 of the year
preceding the calendar year for which the rate is applicable. An
employer whose account is open according to the Employment
Department records as of November 15 but whose tax rate was not
determined under ORS 657.462 shall be notified of the tax rate
for the following calendar year by November 15 or as soon as
possible thereafter. Such tax rate shall become conclusive and
binding upon the employer unless, within 20 days after the
mailing of the notice to the last-known address of the employer
as shown by the records of the director or, in the absence of
mailing, within 20 days after the delivery of such notice, the
employer files a written application for review and
redetermination with the director, setting forth the reasons
therefor.
(3) If a valid application is filed within the time provided in
subsection (2) of this section, an authorized representative of
the director shall review the determination and notify the
employer in writing thereof. If the review results in a change in
either the employer's tax rate or information included on the
original tax rate notice, an amended notice shall be provided the
employer.
(4) The decision of the authorized representative reflecting
the result of the review provided for in subsection (3) of this
section shall become final and conclusive and binding upon the
employer unless the employer, within 20 days after delivery of
the notice, or if mailed, within 20 days after the same was
mailed to the last-known address of the employer, files a request
for hearing with the director. The request shall be in writing
and shall state that the decision of the authorized
representative is incorrect and the reasons therefor.
(5) When a valid request for hearing has been filed, as
provided in subsections (1) and (4) of this section, a hearing
shall be conducted by a hearing officer { - assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act - } { + designated by the director + } unless a hearing has
previously been afforded the employer on the same grounds as set
forth in the request. The hearing officer shall give notice of
the time and place of hearing to the director or authorized
representative of the director and shall also give notice to the
employer by mail directed to the last-known address of record
with the director. Hearings under this subsection shall be
conducted in accordance with this chapter { + and the rules of
the director + }. The filing of a request for hearing with
respect to a disputed tax rate shall not affect the right of the
director or authorized representative of the director to perfect
any liens provided by this chapter.
(6) After hearing, the hearing officer shall enter findings of
fact and decision either affirming or modifying the tax rate
notice. The employer and the director shall be promptly notified
of the decision of the hearing officer. All testimony at any
hearing held before a hearing officer under this section shall be
recorded but need not be transcribed unless a petition for
judicial review from the decision of the hearing officer is filed
in the manner and within the time prescribed in ORS 657.487.
(7) A decision of the hearing officer shall become final on the
date of notification or the mailing thereof to the director and
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to the employer at the last-known address of record with the
director, and shall become conclusive and binding upon the
employer and the director unless a petition for judicial review
is filed in the manner and within the time prescribed in ORS
657.487.
(8) No employer shall have any standing, in any proceeding
involving tax rate or tax liability, to contest the chargeability
to the account of the employer of any benefits paid in accordance
with a determination, redetermination or decision pursuant to ORS
657.265, 657.266 to 657.269 and 657.270 to 657.290, except upon
the ground that the services on the basis of which such benefits
were found to be chargeable did not constitute services performed
in employment for the employer or for a predecessor employer and
only in the event that the employer or the predecessor was not a
party to such determination, redetermination or decision or to
any other proceeding under this chapter in which the character of
such service was determined. At any hearing under this section
the tax rate determined by the director or authorized
representative of the director shall be prima facie correct and
the burden shall be upon the protesting employer to prove it is
incorrect.
SECTION 134. { + The amendments to ORS 657.485 by section 133
of this 1999 Act become operative on January 1, 2004. + }
SECTION 135. ORS 657.487 is amended to read:
657.487. Judicial review of decisions or orders under ORS
657.485 shall be as provided for review of orders in contested
cases in ORS 183.310 to 183.550, except that the petition shall
be filed within 20 days after the order is final. The Director of
the Employment Department may file petition for judicial review
in accordance with this section from decisions of the
{ - referee - } { + hearing officer + }.
SECTION 136. { + The amendments to ORS 657.487 by section 135
of this 1999 Act become operative on January 1, 2000. + }
SECTION 137. ORS 657.610 is amended to read:
657.610. The Director of the Employment Department may:
(1) For purposes of administration and control, and with the
approval of the Governor, organize and reorganize the department
in whatever manner the director considers appropriate to carry
out the duties, functions and powers of the department.
(2) Appoint all subordinate officers and employees of the
department, whether classified or unclassified, and prescribe
their duties and compensation, subject to applicable provisions
of the State Personnel Relations Law.
(3) Delegate to departmental officers and employees such
responsibility and authority as the director determines
necessary.
(4) Determine all questions of general policy and promulgate
rules and regulations and be responsible for the administration
of this chapter.
(5) Sue and be sued in the name of the director, and shall have
a seal which shall bear the name of the Employment Department.
(6) Adopt proper rules to { - govern proceedings and to - }
regulate the mode and manner of all investigations { - and
hearings before referees appointed by the director - } .
(7) Prescribe the time, place and manner of making claims for
benefits under this chapter, the kind and character of notices
required thereunder and the procedure for { - investigation,
hearing - } { + investigating + } and deciding claims.
SECTION 137a. { + The amendments to ORS 657.610 by section 137
of this 1999 Act become operative on January 1, 2000. + }
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SECTION 138. ORS 657.610, as amended by section 137 of this
1999 Act, is amended to read:
657.610. The Director of the Employment Department may:
(1) For purposes of administration and control, and with the
approval of the Governor, organize and reorganize the department
in whatever manner the director considers appropriate to carry
out the duties, functions and powers of the department.
(2) Appoint all subordinate officers and employees of the
department, whether classified or unclassified, and prescribe
their duties and compensation, subject to applicable provisions
of the State Personnel Relations Law.
(3) Delegate to departmental officers and employees such
responsibility and authority as the director determines
necessary.
(4) Determine all questions of general policy and promulgate
rules and regulations and be responsible for the administration
of this chapter.
(5) Sue and be sued in the name of the director, and shall have
a seal which shall bear the name of the Employment Department.
(6) Adopt proper rules to { + govern proceedings and to + }
regulate the mode and manner of all investigations { + and
hearings before hearing officers appointed by the director + }.
(7) Prescribe the time, place and manner of making claims for
benefits under this chapter, the kind and character of notices
required thereunder and the procedure for investigating and
deciding claims.
SECTION 139. { + The amendments to ORS 657.610 by section 138
of this 1999 Act become operative on January 1, 2004. + }
SECTION 140. ORS 657.630 is amended to read:
657.630. The Director of the Employment Department may act in
the director's own behalf or by any of the duly authorized agents
or assistants of the director in the following:
(1) To hold sessions at any place within the state.
(2) To administer oaths.
(3) To issue and serve by the director's representative, or by
any sheriff, subpoenas for the attendance of witnesses and the
production of papers, contracts, books, accounts, documents and
testimony. The director may require the attendance and testimony
of employers, their officers and representatives before any
hearing of the director and the production by employers of books,
records, papers and documents without payment or tender of
witness fees on account of that attendance. { - The director or
the authorized agent of the director shall issue subpoenas to any
party upon request upon a showing of general relevance,
reasonable scope of the evidence sought and that the testimony
would not be unduly repetitious. No showing of general relevance
or reasonable scope of the evidence sought shall be required upon
the request for a subpoena of a claimant's personnel records. - }
(4) Generally to provide for the taking of testimony and for
the recording of proceedings held in accordance with this
chapter.
SECTION 140a. { + The amendments to ORS 657.630 by section 140
of this 1999 Act become operative on January 1, 2000. + }
SECTION 141. ORS 657.630, as amended by section 140 of this
1999 Act, is amended to read:
657.630. The Director of the Employment Department may act in
the director's own behalf or by any of the duly authorized agents
or assistants of the director in the following:
(1) To hold sessions at any place within the state.
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(2) To administer oaths.
(3) To issue and serve by the director's representative, or by
any sheriff, subpoenas for the attendance of witnesses and the
production of papers, contracts, books, accounts, documents and
testimony. The director may require the attendance and testimony
of employers, their officers and representatives before any
hearing of the director and the production by employers of books,
records, papers and documents without payment or tender of
witness fees on account of that attendance. { + The director or
the authorized agent of the director shall issue subpoenas to any
party upon request upon a showing of general relevance,
reasonable scope of the evidence sought and that the testimony
would not be unduly repetitious. No showing of general relevance
or reasonable scope of the evidence sought shall be required upon
the request for a subpoena of a claimant's personnel records. + }
(4) Generally to provide for the taking of testimony and for
the recording of proceedings held in accordance with this
chapter.
SECTION 142. { + The amendments to ORS 657.630 by section 141
of this 1999 Act become operative on January 1, 2004. + }
SECTION 143. ORS 657.663 is amended to read:
657.663. (1) If an employer fails to file a required quarterly
tax report or quarterly detail of employees' wages and hours of
work by the 10th day of the second month following the end of the
calendar quarter, the Director of the Employment Department, for
the first such failure, shall send to the employer at the
employer's last-known address a written notice warning the
employer that a subsequent failure to file a required report
could result in the imposition of a late filing penalty. If an
employer, without good cause, fails to file a required report
within the three-year period immediately following a written
warning, the employer may be assessed a late filing penalty in
addition to other amounts due. The penalty shall be .0002 of the
taxable wage base in effect for the year against which the
penalty is being assessed for each employee listed each quarter
on the late filed reports. However, the minimum penalty for any
calendar quarter shall not be less than .0025 nor the maximum
penalty more than .05 of the taxable wage base in effect for the
year.
(2) The penalty per employee shall be rounded to the nearest
dollar. The minimum penalty shall be rounded to the nearest
five-dollar interval and the maximum penalty shall be rounded to
the nearest $100 interval.
(3) Notwithstanding the provisions of subsection (1) of this
section, an employer who has no payroll during a calendar quarter
shall not be assessed a penalty for the first quarter in which
that employer's report is filed late. Thereafter, the director
may assess a $5 penalty when such employer's reports continue to
be filed late.
(4) The penalty assessed under this section shall be final
unless, within 20 days from the date of mailing of the assessment
to the last-known address of the employer, the employer requests
the penalty be deleted. The request must be in writing and state
the reason why the report was filed late. If the director
determines the employer had good cause for filing the report
late, the penalty shall be deleted. If it is determined there was
not good cause for filing the report late, the request for
deletion shall be denied.
(5) A decision denying the request shall become final, unless
within 20 days from the date of mailing the decision to the
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last-known address of the employer, the employer files a request
for hearing. The request for a hearing must be in writing and
state the reasons therefor. { - Hearings shall be conducted in
accordance with rules adopted by the director. - } Judicial
review shall be as provided for review of orders in contested
cases in ORS 183.310 to 183.550, except that the petition shall
be filed within 20 days after the issuance of the order of the
director or a designated representative.
SECTION 143a. { + The amendments to ORS 657.663 by section 143
of this 1999 Act become operative on January 1, 2000. + }
SECTION 144. ORS 657.663, as amended by section 143 of this
1999 Act, is amended to read:
657.663. (1) If an employer fails to file a required quarterly
tax report or quarterly detail of employees' wages and hours of
work by the 10th day of the second month following the end of the
calendar quarter, the Director of the Employment Department, for
the first such failure, shall send to the employer at the
employer's last-known address a written notice warning the
employer that a subsequent failure to file a required report
could result in the imposition of a late filing penalty. If an
employer, without good cause, fails to file a required report
within the three-year period immediately following a written
warning, the employer may be assessed a late filing penalty in
addition to other amounts due. The penalty shall be .0002 of the
taxable wage base in effect for the year against which the
penalty is being assessed for each employee listed each quarter
on the late filed reports. However, the minimum penalty for any
calendar quarter shall not be less than .0025 nor the maximum
penalty more than .05 of the taxable wage base in effect for the
year.
(2) The penalty per employee shall be rounded to the nearest
dollar. The minimum penalty shall be rounded to the nearest
five-dollar interval and the maximum penalty shall be rounded to
the nearest $100 interval.
(3) Notwithstanding the provisions of subsection (1) of this
section, an employer who has no payroll during a calendar quarter
shall not be assessed a penalty for the first quarter in which
that employer's report is filed late. Thereafter, the director
may assess a $5 penalty when such employer's reports continue to
be filed late.
(4) The penalty assessed under this section shall be final
unless, within 20 days from the date of mailing of the assessment
to the last-known address of the employer, the employer requests
the penalty be deleted. The request must be in writing and state
the reason why the report was filed late. If the director
determines the employer had good cause for filing the report
late, the penalty shall be deleted. If it is determined there was
not good cause for filing the report late, the request for
deletion shall be denied.
(5) A decision denying the request shall become final, unless
within 20 days from the date of mailing the decision to the
last-known address of the employer, the employer files a request
for hearing. The request for a hearing must be in writing and
state the reasons therefor. { + Hearings shall be conducted in
accordance with rules adopted by the director. + } Judicial
review shall be as provided for review of orders in contested
cases in ORS 183.310 to 183.550, except that the petition shall
be filed within 20 days after the issuance of the order of the
director or a designated representative.
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SECTION 145. { + The amendments to ORS 657.663 by section 144
of this 1999 Act become operative on January 1, 2004. + }
SECTION 146. ORS 657.665 is amended to read:
657.665. (1) Information secured from employing units,
employees or other individuals pursuant to this chapter:
(a) Shall be confidential and for the exclusive use and
information of the Director of the Employment Department in the
discharge of duties and shall not be open to the public (other
than to public employees in the performance of their public
duties under state or federal laws for the payment of
unemployment insurance benefits and to public employees in the
performance of their public duties under the recognized
compensation and retirement, relief or welfare laws of this
state), except to the extent necessary for the presentation of a
claim and except as required by the regulations of the United
States Secretary of Health and Human Services pursuant to section
3304(a) of the Federal Unemployment Tax Act, as amended, and
except as required by section 303 of the Social Security Act, as
amended.
(b) Shall not be used in any court in any action or proceeding
pending therein unless the director or the state is a party to
such action or proceedings or the proceedings concern the
establishment, enforcement or modification of a support
obligation and support services are being provided by the Support
Enforcement Division or the district attorney pursuant to ORS
25.080.
(2) However, any claimant or legal representative, at a hearing
before a { - referee or the director - } { + hearing
officer + }, shall be supplied with information from such records
to the extent necessary for the proper presentation of a claim.
(3) Notwithstanding subsection (1) of this section, information
secured from employing units pursuant to this chapter may be
released to agencies of this state, and political subdivisions
acting alone or in concert in city, county, metropolitan,
regional or state planning to the extent necessary to properly
carry out governmental planning functions performed under
applicable law. Information provided such agencies shall be
confidential and shall not be released by such agencies in any
manner that would be identifiable as to individuals, claimants,
employees or employing units. Costs of furnishing information
pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the parties requesting
the information.
(4) Nothing in this section shall prevent the Employment
Department from providing names and addresses of employing units
to the Oregon Bureau of Labor and Industries for the purpose of
disseminating information to employing units. The names and
addresses provided shall be confidential and shall not be used
for any other purposes. Costs of furnishing information pursuant
to this subsection not prepared for the use of the Employment
Department shall be borne by the Bureau of Labor and Industries.
(5) Nothing in this section shall prevent the Employment
Department from providing to the Commissioner of the Bureau of
Labor and Industries, for the purpose of performing duties under
ORS 279.348 to 279.380, the names, addresses and industrial codes
of employer units, the number of employees each unit employs
during a given time period and the firm number assigned to
employer units by the Employment Department. Information so
provided shall be confidential and shall not be released by the
Commissioner of the Bureau of Labor and Industries in any manner
Enrolled House Bill 2525 (HB 2525-C) Page 77
that would identify such employing units except to the extent
necessary to carry out the purposes of this subsection and as
provided in subsection (1)(b) of this section. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Bureau of Labor and Industries.
(6) Nothing in this section shall prevent the Employment
Department from providing information required under ORS 657.660
(3) and (4) to the Public Employees Retirement System for the
purpose of determining the eligibility of members of the
retirement system for disability retirement allowances under ORS
chapter 238. The information provided shall be confidential and
shall not be used for any other purposes. Costs of furnishing
information pursuant to this subsection shall be borne by the
Public Employees Retirement System.
(7) Any officer or employee of the Director of the Employment
Department, who, except with authority of the director or
pursuant to regulations, or as otherwise required by law, shall
disclose confidential information under this section, thereafter
may be disqualified from holding any appointment or employment by
the director.
(8) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Revenue for the purpose of performing its duties under ORS
293.250, or the revenue and tax laws of this state. Information
provided may include names and addresses of employers and
employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be
released by the Director of the Department of Revenue in any
manner that would identify such employing unit or employee except
to the extent necessary to carry out its duties under ORS 293.250
or in auditing or reviewing any report or return required or
permitted to be filed under the revenue and tax laws administered
by the department. However, the Director of the Department of
Revenue shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Revenue.
(9) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Consumer and Business Services for the purpose of performing its
duties under ORS chapter 656. Information provided may include
names and addresses of employers and employees and payroll data
of employers and employees. Information so provided shall be
confidential and shall not be released by the Director of the
Department of Consumer and Business Services in any manner that
would identify such employing unit or employee except to the
extent necessary to carry out its duties under ORS chapter 656.
However, the Director of the Department of Consumer and Business
Services shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Consumer and Business Services.
(10) Nothing in this section shall prevent the Employment
Department from providing information to the Construction
Contractors Board for the purpose of performing its duties under
ORS chapter 701. Information provided to the board may include
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names and addresses of employers and status of their compliance
with this chapter.
(11) Nothing in this section shall prevent the Employment
Department from providing information to the State Fire Marshal
to assist the State Fire Marshal in carrying out duties,
functions and powers under ORS 453.307 to 453.414. Information so
provided shall be the employer or agent name, address, telephone
number and standard industrial classification. Information so
provided shall be confidential and shall not be released by the
State Fire Marshal in any manner that would identify such
employing units except to the extent necessary to carry out
duties under ORS 453.307 to 453.414. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the office of the
State Fire Marshal.
(12) Nothing in this section shall prevent the Employment
Department from providing information to the State Scholarship
Commission for the purposes of performing the commission's duties
under ORS chapter 348 and Title IV of the Higher Education Act of
1965, as amended. Information provided may include names and
addresses of employers and employees and payroll data of
employers and employees. Information so provided shall be
confidential and shall not be released by the State Scholarship
Commission in any manner that would identify such employing unit
or employee except to the extent necessary to carry out duties
under ORS chapter 348 or Title IV of the Higher Education Act of
1965, as amended. Costs of furnishing information pursuant to
this subsection not prepared for the use of the Employment
Department shall be borne by the State Scholarship Commission.
(13) Any person or officer or employee of an entity to whom
information is disclosed or given by the Employment Department
pursuant to this section, who divulges or uses such information
for any purpose other than that specified in the provision of law
or agreement authorizing the use or disclosure, may be
disqualified from holding any appointment or employment, or
performing any service under contract, with the state agency
employing that person or officer.
SECTION 147. { + The amendments to ORS 657.665 by section 146
of this 1999 Act become operative on January 1, 2000. + }
SECTION 148. ORS 657.681 is amended to read:
657.681. (1) If an employer files a report for the purpose of
determining the amount of contributions due under this chapter
but fails to pay contributions or interest, the Director of the
Employment Department or authorized representative may assess the
amount of contributions or interest due on the basis of the
information submitted and shall give written notice of the
assessment to the employer mailed to the last-known address of
record with the director. In the event that such report is
subsequently found to be incorrect additional assessments may be
made, subsection (5) of this section to the contrary
notwithstanding.
(2) If an employer fails to file a report when required by the
director for the purpose of determining the amount of
contribution due under this chapter, the director or authorized
representative may make an estimate based upon any information of
the amount of wages paid for employment in the period or periods
for which no report was filed and upon the basis of such estimate
shall compute and assess the amount of employer contributions
payable by the employer. Written notice of the assessment shall
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be mailed to the last-known address of the employer of record
with the director.
(3) If the director or authorized representative is not
satisfied with a report made by an employer for the purpose of
determining the amount of contribution due under this chapter,
the director or authorized representative may compute the amount
required to be paid upon the basis of facts contained in the
report or upon the basis of any information obtainable and may
make an assessment of the amount of the deficiency. Written
notice of such deficiency assessment shall be mailed to the
last-known address of the employer of record with the director.
(4) If the director or authorized representative has reason to
believe that an employer is insolvent, or that the collection of
any contributions will be jeopardized by delaying collection, the
director or authorized representative may thereupon make an
immediate assessment of the estimated amount of accrued
contributions, noting upon the assessment that it is a jeopardy
assessment levied under this subsection, and may proceed to
enforce collection immediately, but interest shall not begin to
accrue upon such contributions until the due date nor shall court
costs be taxed against such employer on any action to enforce
collection commenced prior to the due date. The director or
authorized representative may, in levying the assessment, demand
a bond or deposit of such security as is necessary to insure
collection of the amount of such assessment. Written notice of
the assessment shall be mailed to the last-known address of the
employer of record with the director.
(5) All assessments provided for in this section shall finally
fix the amount of contributions due and payable unless the
employer shall within 20 days after the mailing of the notice of
assessment apply to the director for a hearing, or unless the
director or authorized representative on the motion of the
director or authorized representative reviews the same prior to a
decision of the { - referee - } { + hearing officer + }
thereon pursuant to hearing. An employer who fails to apply for a
hearing upon an assessment within the time provided or, having
applied, fails to appear and be heard after due notice of such
hearing, shall be precluded from raising any defense to any
action, suit or proceeding brought by the director for the
recovery of contributions based upon such assessment which could
have been raised in the hearing. The amount of contributions so
assessed under this section shall be subject to the penalties and
interest provided by ORS 657.515 and 657.663.
SECTION 149. { + The amendments to ORS 657.681 by section 148
of this 1999 Act become operative on January 1, 2000. + }
SECTION 150. ORS 657.683 is amended to read:
657.683. (1) An application for hearing under ORS 657.679 and
657.681 shall be in writing and shall state that such
determination or assessment of the Director of the Employment
Department or authorized representative is unjust or incorrect
and that the employing unit requests a hearing thereon. The
application shall set forth the objections of the employing unit
to the determination or assessment and the amount of
contributions, if any, which the applicant admits to be due to
the Employment Department. An application for a hearing to review
an assessment made under ORS 657.681 (4) which was accompanied by
a demand for a bond or deposit shall not be valid unless such
bond or deposit is filed with the application in a form
acceptable to the director or authorized representative.
Enrolled House Bill 2525 (HB 2525-C) Page 80
(2) If a valid application for hearing is filed within the time
provided by ORS 657.679 and 657.681, a { - referee designated
by the director - } { + hearing officer + } shall review the
determination or assessment and if requested by the employing
unit shall grant a hearing unless a hearing has previously been
afforded the employing unit on the same grounds as set forth in
the application. The { - referee - } { + hearing officer + }
shall give notice of the time and place of the hearing to the
director or authorized representative and shall also give notice
to the employing unit by mail directed to the last-known address
of the employing unit of record with the director.
(3) Hearings under ORS 657.679 and 657.681 shall be conducted
in accordance with this chapter { - and the rules and
regulations of the director - } . The filing of an application
for hearing with respect to a disputed assessment shall not
affect the right of the director or authorized representative to
perfect any liens provided by this chapter.
(4) All testimony at any hearing held under ORS 657.679 and
657.681 shall be recorded but need not be transcribed unless a
petition for judicial review from the decision of the
{ - referee - } { + hearing officer + } is filed in the manner
and within the time prescribed. At any hearing held as provided
in ORS 657.679 and 657.681 the determination or assessment of the
director or authorized representative shall be prima facie
correct and the burden shall be upon the protesting employing
unit to prove that it is incorrect. Thereafter the
{ - referee - } { + hearing officer + } shall enter the
findings of fact and decision, either affirming, modifying, or
setting aside the determination or assessment of the director or
authorized representative and in the case of an assessment, the
{ - referee - } { + hearing officer + } may increase or
decrease the amount of the assessment. The employing unit and the
director shall be promptly notified of the decision of the
{ - referee - } { + hearing officer + }.
(5) A decision of the { - referee - } { + hearing
officer + } shall become final on the date of notification or the
mailing thereof to the director and to the employing unit at the
last-known address of record with the director unless within the
time specified in ORS 183.480 (2) the { - referee upon the
motion of the referee - } { + hearing officer on the hearing
officer's own motion + } reviews the same and issues an amended
decision in which case the amended decision becomes the final
decision.
SECTION 150a. { + The amendments to ORS 657.683 by section 150
of this 1999 Act become operative on January 1, 2000. + }
SECTION 151. ORS 657.683, as amended by section 150 of this
1999 Act, is amended to read:
657.683. (1) An application for hearing under ORS 657.679 and
657.681 shall be in writing and shall state that such
determination or assessment of the Director of the Employment
Department or authorized representative is unjust or incorrect
and that the employing unit requests a hearing thereon. The
application shall set forth the objections of the employing unit
to the determination or assessment and the amount of
contributions, if any, which the applicant admits to be due to
the Employment Department. An application for a hearing to review
an assessment made under ORS 657.681 (4) which was accompanied by
a demand for a bond or deposit shall not be valid unless such
bond or deposit is filed with the application in a form
acceptable to the director or authorized representative.
Enrolled House Bill 2525 (HB 2525-C) Page 81
(2) If a valid application for hearing is filed within the time
provided by ORS 657.679 and 657.681, a hearing officer { +
designated by the director + } shall review the determination or
assessment and if requested by the employing unit shall grant a
hearing unless a hearing has previously been afforded the
employing unit on the same grounds as set forth in the
application. The hearing officer shall give notice of the time
and place of the hearing to the director or authorized
representative and shall also give notice to the employing unit
by mail directed to the last-known address of the employing unit
of record with the director.
(3) Hearings under ORS 657.679 and 657.681 shall be conducted
in accordance with this chapter { + and the rules and
regulations of the director + }. The filing of an application for
hearing with respect to a disputed assessment shall not affect
the right of the director or authorized representative to perfect
any liens provided by this chapter.
(4) All testimony at any hearing held under ORS 657.679 and
657.681 shall be recorded but need not be transcribed unless a
petition for judicial review from the decision of the hearing
officer is filed in the manner and within the time prescribed. At
any hearing held as provided in ORS 657.679 and 657.681 the
determination or assessment of the director or authorized
representative shall be prima facie correct and the burden shall
be upon the protesting employing unit to prove that it is
incorrect. Thereafter the hearing officer shall enter the
findings of fact and decision, either affirming, modifying, or
setting aside the determination or assessment of the director or
authorized representative and in the case of an assessment, the
hearing officer may increase or decrease the amount of the
assessment. The employing unit and the director shall be promptly
notified of the decision of the hearing officer.
(5) A decision of the hearing officer shall become final on the
date of notification or the mailing thereof to the director and
to the employing unit at the last-known address of record with
the director unless within the time specified in ORS 183.480 (2)
the hearing officer on the hearing officer's own motion reviews
the same and issues an amended decision in which case the amended
decision becomes the final decision.
SECTION 152. { + The amendments to ORS 657.683 by section 151
of this 1999 Act become operative on January 1, 2004. + }
SECTION 153. ORS 657.684 is amended to read:
657.684. Judicial review of decisions under ORS 657.683 shall
be as provided for review of orders in contested cases in ORS
183.310 to 183.550, except that the petition shall be filed
within 20 days after the order is final. The Director of the
Employment Department may file petition for judicial review in
accordance with this section from decision of the
{ - referee - } { + hearing officer + }. When judicial review
is upon an assessment or assessments made pursuant to ORS 657.681
and the court determines the assessment or assessments are valid,
judgment shall be given in favor of the director for the amount
due as determined by the court.
SECTION 154. { + The amendments to ORS 657.684 by section 153
of this 1999 Act become operative on January 1, 2000. + }
{ +
PROFESSIONAL LICENSING BOARDS + }
SECTION 155. ORS 670.325 is amended to read:
Enrolled House Bill 2525 (HB 2525-C) Page 82
670.325. (1) All proceedings for the refusal to issue, or the
suspension or revocation of any license, certificate of
registration or other evidence of authority required to practice
any profession subject to the authority of a professional
licensing or advisory board shall be conducted pursuant to the
procedure for contested cases required or authorized by ORS
183.310 to 183.550.
(2) If a professional licensing or advisory board decides that
any person has or is about to engage in any activity that is or
will be a violation of law the board is charged with enforcing,
the board may institute a proceeding in an appropriate circuit
court to restrain the activity or proposed activity. An
injunction may be issued without proof of actual damages, but
does not relieve the defendant of any criminal liability.
(3) Any hearing officer { - appointed by - } { + conducting
a hearing for + } a professional licensing board is vested with
full authority of the board to schedule and conduct hearings on
behalf and in the name of the board on all matters referred to
the hearing officer for hearing by the board, including
proceedings for placing persons registered or licensed by the
board on probation and for suspension and revocation of
registration or licenses, and shall cause to be prepared and
furnished to the board, for decision thereon by the board, a
complete written transcript of the record of the hearing. The
transcript shall contain all evidence introduced at the hearing
and all pleas, motions and objections and all rulings of the
hearing officer. Each hearing officer may administer oaths and
issue summonses, notices and subpoenas, but may not place any
registrant or licensee on probation or issue, refuse, suspend or
revoke a registration or license.
SECTION 156. { + The amendments to ORS 670.325 by section 155
of this 1999 Act become operative on January 1, 2000. + }
{ +
(Board of Medical Examiners) + }
SECTION 157. ORS 677.275 is amended to read:
677.275. { + (1) + } The Board of Medical Examiners for the
State of Oregon may appoint { - : - }
{ - (1) - } an executive director, who need not be a member
of the board, and fix the compensation. The executive director
shall be under the supervision and control of the board, and may
discharge all duties as provided in the rules of the board or as
directed by the board.
(2) { - One or more hearing officers, who need not be members
of the board, and fix their compensation. - } Each hearing
officer { + conducting hearings on behalf of the board + } is
vested with the full authority of the board to schedule and
conduct hearings on behalf and in the name of the board on all
matters referred by the board, including issuance of licenses,
proceedings for placing licensees on probation and for suspension
and revocation of licenses, and shall cause to be prepared and
furnished to the board, for decision thereon by the board, the
complete written transcript of the record of the hearing. This
transcript shall contain all evidence introduced at the hearing
and all pleas, motions and objections, and all rulings of the
hearing officer. Each hearing officer may administer oaths and
issue summonses, notices and subpoenas, but may not place any
licensee on probation or issue, refuse, suspend or revoke a
license.
Enrolled House Bill 2525 (HB 2525-C) Page 83
SECTION 157a. { + The amendments to ORS 677.275 by section 157
of this 1999 Act become operative on January 1, 2000. + }
SECTION 158. ORS 677.275, as amended by section 157 of this
1999 Act, is amended to read:
677.275. { - (1) - } The Board of Medical Examiners for the
State of Oregon may appoint { + :
(1) + } An executive director, who need not be a member of the
board, and fix the compensation. The executive director shall be
under the supervision and control of the board, and may discharge
all duties as provided in the rules of the board or as directed
by the board.
(2) { + One or more hearing officers, who need not be members
of the board, and fix their compensation. + } Each hearing
officer conducting hearings on behalf of the board is vested with
the full authority of the board to schedule and conduct hearings
on behalf and in the name of the board on all matters referred by
the board, including issuance of licenses, proceedings for
placing licensees on probation and for suspension and revocation
of licenses, and shall cause to be prepared and furnished to the
board, for decision thereon by the board, the complete written
transcript of the record of the hearing. This transcript shall
contain all evidence introduced at the hearing and all pleas,
motions and objections, and all rulings of the hearing officer.
Each hearing officer may administer oaths and issue summonses,
notices and subpoenas, but may not place any licensee on
probation or issue, refuse, suspend or revoke a license.
SECTION 159. { + The amendments to ORS 677.275 by section 158
of this 1999 Act become operative on January 1, 2004. + }
{ +
(Other Occupations) + }
SECTION 160. ORS 678.780 is amended to read:
678.780. (1) The sanctions authorized by subsection (2) of this
section may be imposed upon the following grounds:
(a) The employment of fraud or deception in applying for or
obtaining a nursing home administrator's license.
(b) Engaging in conduct in the course of acting as a nursing
home administrator involving fraud, dishonesty, malfeasance,
cheating or other conduct as the Board of Examiners of Nursing
Home Administrators of the State of Oregon may prohibit by rule.
(c) Conviction of a crime involving circumstances that relate
to the licensee's fitness to continue practicing as a nursing
home administrator.
(d) Mistake or inadvertence in the issuance of the license by
the board.
(e) Physical or mental incapacity that presents an unreasonable
risk of harm to the licensee or to the person or property of
others in the course of performing the duties of a nursing home
administrator.
(f) Use of any controlled substance or intoxicating liquor in a
manner that impairs the licensee's ability to conduct safely the
practice for which the licensee is licensed.
(g) The licensee has engaged in conduct that would justify
denying a license to an applicant.
(h) Violation of or noncompliance with any applicable
provisions of ORS 678.710 to 678.780, 678.800 to 678.840 and
678.990 (2) or of any lawful rule or order of the board or
continuous or substantial violations of the rules adopted under
ORS 441.055.
Enrolled House Bill 2525 (HB 2525-C) Page 84
(i) Discipline imposed by any other licensing body in this or
any other state based on conduct that would be grounds for
discipline under this section or rules adopted by the board.
(j) Incompetence in performing the duties of a nursing home
administrator as demonstrated by evidence that the licensee
either lacks or did not use the knowledge or skill necessary to
perform the administrator's duties in a minimally adequate
manner.
(k) Employing or otherwise assisting another person to act as a
nursing home administrator with knowledge that the person does
not hold a valid license to practice as a nursing home
administrator.
(L) Failure to pay a civil penalty imposed against the licensee
in a timely manner.
(m) Unprofessional conduct as defined in rules adopted by the
board.
(2) Subject to ORS 183.310 to 183.550, the board may impose any
or all of the following sanctions:
(a) Suspend, revoke or refuse to renew any license required by
ORS 678.720.
(b) A civil penalty not to exceed $1,000.
(c) Probation, with authority to limit or restrict a license.
(d) Participation in a treatment program for intoxicating
liquor or controlled substances.
(3) { - Hearings may be before the board or may be before a
member, members or a representative of the board designated by
the chairperson or vice chairperson to take testimony and conduct
the hearing. - } { + Hearings under this section must be
conducted by a hearing officer assigned from the Hearing Officer
Panel established by section 3 of this 1999 Act. + }
(4) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
SECTION 160a. { + The amendments to ORS 678.780 by section 160
of this 1999 Act become operative on January 1, 2000. + }
SECTION 161. ORS 678.780, as amended by section 160 of this
1999 Act, is amended to read:
678.780. (1) The sanctions authorized by subsection (2) of this
section may be imposed upon the following grounds:
(a) The employment of fraud or deception in applying for or
obtaining a nursing home administrator's license.
(b) Engaging in conduct in the course of acting as a nursing
home administrator involving fraud, dishonesty, malfeasance,
cheating or other conduct as the Board of Examiners of Nursing
Home Administrators of the State of Oregon may prohibit by rule.
(c) Conviction of a crime involving circumstances that relate
to the licensee's fitness to continue practicing as a nursing
home administrator.
(d) Mistake or inadvertence in the issuance of the license by
the board.
(e) Physical or mental incapacity that presents an unreasonable
risk of harm to the licensee or to the person or property of
others in the course of performing the duties of a nursing home
administrator.
(f) Use of any controlled substance or intoxicating liquor in a
manner that impairs the licensee's ability to conduct safely the
practice for which the licensee is licensed.
Enrolled House Bill 2525 (HB 2525-C) Page 85
(g) The licensee has engaged in conduct that would justify
denying a license to an applicant.
(h) Violation of or noncompliance with any applicable
provisions of ORS 678.710 to 678.780, 678.800 to 678.840 and
678.990 (2) or of any lawful rule or order of the board or
continuous or substantial violations of the rules adopted under
ORS 441.055.
(i) Discipline imposed by any other licensing body in this or
any other state based on conduct that would be grounds for
discipline under this section or rules adopted by the board.
(j) Incompetence in performing the duties of a nursing home
administrator as demonstrated by evidence that the licensee
either lacks or did not use the knowledge or skill necessary to
perform the administrator's duties in a minimally adequate
manner.
(k) Employing or otherwise assisting another person to act as a
nursing home administrator with knowledge that the person does
not hold a valid license to practice as a nursing home
administrator.
(L) Failure to pay a civil penalty imposed against the licensee
in a timely manner.
(m) Unprofessional conduct as defined in rules adopted by the
board.
(2) Subject to ORS 183.310 to 183.550, the board may impose any
or all of the following sanctions:
(a) Suspend, revoke or refuse to renew any license required by
ORS 678.720.
(b) A civil penalty not to exceed $1,000.
(c) Probation, with authority to limit or restrict a license.
(d) Participation in a treatment program for intoxicating
liquor or controlled substances.
(3) Hearings under this section must be conducted by a hearing
officer { - assigned from the Hearing Officer Panel established
by section 3 of this 1999 Act - } { + designated by the
board + }.
(4) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
SECTION 162. { + The amendments to ORS 678.780 by section 161
of this 1999 Act become operative on January 1, 2004. + }
SECTION 163. ORS 679.150 is amended to read:
679.150. (1) All complaints relating to the revocation or
suspension of a license must be in writing, verified by some
party familiar with the facts charged, and a copy thereof must be
filed with the Oregon Board of Dentistry. Upon receiving the
complaint the board shall, if it considers the complaint
sufficient, hold a hearing thereon pursuant to ORS 183.310 to
183.550 { - and rules of procedure adopted by the board
pursuant thereto - } . { - Such hearing may be before a
hearings examiner appointed by the board in which case the
provisions of ORS 183.460 shall apply. - } { + Hearings under
this section must be conducted by a hearing officer assigned from
the Hearing Officer Panel established by section 3 of this 1999
Act. + }
(2) Upon the revocation or suspension of or refusal to renew
any license the fact shall be noted upon the records of the board
and any license revoked shall be marked as canceled upon the date
of its revocation.
Enrolled House Bill 2525 (HB 2525-C) Page 86
SECTION 163a. { + The amendments to ORS 679.150 by section 163
of this 1999 Act become operative on January 1, 2000. + }
SECTION 164. ORS 679.150, as amended by section 163 of this
1999 Act, is amended to read:
679.150. (1) All complaints relating to the revocation or
suspension of a license must be in writing, verified by some
party familiar with the facts charged, and a copy thereof must be
filed with the Oregon Board of Dentistry. Upon receiving the
complaint the board shall, if it considers the complaint
sufficient, hold a hearing thereon pursuant to ORS 183.310 to
183.550 { + and rules of procedure adopted by the board pursuant
thereto + }. Hearings under this section must be conducted by a
hearing officer { - assigned from the Hearing Officer Panel
established by section 3 of this 1999 Act - } { + designated by
the board + }.
(2) Upon the revocation or suspension of or refusal to renew
any license the fact shall be noted upon the records of the board
and any license revoked shall be marked as canceled upon the date
of its revocation.
SECTION 165. { + The amendments to ORS 679.150 by section 164
of this 1999 Act become operative on January 1, 2004. + }
SECTION 165a. { + If House Bill 2108 becomes law, sections 163
(amending ORS 679.150), 163a, 164 (amending ORS 679.150) and 165
of this 1999 Act are repealed. + }
SECTION 166. ORS 687.086 is amended to read:
687.086. (1) If the State Board of Massage Technicians proposes
to impose any of the sanctions authorized in ORS 687.081 or take
other disciplinary action, opportunity for hearing shall be
accorded as provided in ORS 183.310 to 183.550. { - The board
may designate the Assistant Director for Health or the designee
of the assistant director or other competent person to preside at
such hearing. - } { + Hearings under this section must be
conducted by a hearing officer assigned from the Hearing Officer
Panel established by section 3 of this 1999 Act. + }
(2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be as
provided in ORS 183.310 to 183.550.
SECTION 166a. { + The amendments to ORS 687.086 by section 166
of this 1999 Act become operative on January 1, 2000. + }
SECTION 167. ORS 687.086, as amended by section 166 of this
1999 Act, is amended to read:
687.086. (1) If the State Board of Massage Technicians proposes
to impose any of the sanctions authorized in ORS 687.081 or take
other disciplinary action, opportunity for hearing shall be
accorded as provided in ORS 183.310 to 183.550. Hearings under
this section must be conducted by { + the Assistant Director for
Health or by + } a hearing officer { - assigned from the
Hearing Officer Panel established by section 3 of this 1999
Act - } { + designated by the board + }.
(2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be as
provided in ORS 183.310 to 183.550.
SECTION 168. { + The amendments to ORS 687.086 by section 167
of this 1999 Act become operative on January 1, 2004. + }
SECTION 169. ORS 693.105 is amended to read:
693.105. (1) Where the State Plumbing Board proposes to refuse
to issue or renew any certificate under this chapter, or proposes
to revoke or suspend any such certificate, opportunity for
hearing shall be accorded as provided in ORS 183.310 to 183.550.
Enrolled House Bill 2525 (HB 2525-C) Page 87
(2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be in
accordance with ORS 183.310 to 183.550.
(3) { - The board may appoint, by an order in writing, its
secretary or any competent person to preside at the hearing. - }
{ + Hearings under this section must be conducted by a hearing
officer assigned from the Hearing Officer Panel established by
section 3 of this 1999 Act. + }
SECTION 169a. { + The amendments to ORS 693.105 by section 169
of this 1999 Act become operative on January 1, 2000. + }
SECTION 170. ORS 693.105, as amended by section 169 of this
1999 Act, is amended to read:
693.105. (1) Where the State Plumbing Board proposes to refuse
to issue or renew any certificate under this chapter, or proposes
to revoke or suspend any such certificate, opportunity for
hearing shall be accorded as provided in ORS 183.310 to 183.550.
(2) Promulgation of rules, conduct of hearings, issuance of
orders and judicial review of rules and orders shall be in
accordance with ORS 183.310 to 183.550.
(3) Hearings under this section must be conducted by a hearing
officer { - assigned from the Hearing Officer Panel established
by section 3 of this 1999 Act - } { + designated by the
board + }.
SECTION 171. { + The amendments to ORS 693.105 by section 170
of this 1999 Act become operative on January 1, 2004. + }
{ +
CONSTRUCTION CONTRACTORS BOARD + }
SECTION 172. ORS 701.145 is amended to read:
701.145. (1) Any person having a claim against a contractor of
the type referred to in ORS 701.140 may file with the
Construction Contractors Board a statement of the claim in such
form as the board prescribes.
(2) The board may refuse to accept, or refuse at any time to
continue processing, a claim if:
(a) The same facts and issues involved in the claim have been
submitted to a court of competent jurisdiction for determination
or have been submitted to any other entity authorized by law or
the parties to effect a resolution and settlement;
(b) The claimant does not permit the contractor against whom
the claim is filed to be present at any inspection made by the
board;
(c) The board determines that the contractor against whom the
claim is filed is capable of complying with recommendations made
by the board relative to the claim, but the claimant does not
permit the contractor to comply with the recommendations.
However, the board may refuse to accept or further process a
claim under this paragraph only if the contractor was registered
at the time the work was first performed and is registered at the
time the board makes its recommendations;
(d) The board determines that the nature or complexity of the
claim is such that a court is the appropriate forum for the
adjudication of the claim; or
(e) The amount in controversy is less than an amount adopted by
the board and not more than $250.
(3) The board shall not process a claim, including a claim
based upon a court judgment or arbitration award, unless the
claim is filed in a timely manner as follows:
Enrolled House Bill 2525 (HB 2525-C) Page 88
(a) If the owner of a new structure files the claim, the board
must receive the claim not later than one year after the date the
structure was first occupied or two years after completion,
whichever comes first.
(b) If the owner of an existing structure files the claim, the
board must receive the claim not later than one year after the
date the work was substantially completed.
(c) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to begin the work, the board must receive the claim not
later than one year after the date the parties entered into the
contract.
(d) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to substantially complete the work, the board must receive
the claim not later than one year after the date the contractor
ceased work on the structure.
(e) If a registered contractor files the claim against a
registered contractor performing work as a subcontractor on a new
structure, the board must receive the claim not later than one
year after the date the structure was first occupied or two years
after completion, whichever comes first.
(f) If a registered contractor files the claim against a
registered contractor performing work as a subcontractor on an
existing structure, the board must receive the claim not later
than one year after the work on the structure was substantially
completed.
(g) If a registered contractor files the claim against a
registered contractor performing work as a subcontractor, because
the subcontractor failed to substantially complete the work, the
board must receive the claim not later than one year after the
date the subcontractor ceased to work on the structure.
(h) If a material or equipment supplier, an employee, or a
registered subcontractor files the claim, the board must receive
the claim not later than one year after the date the registrant
incurred the indebtedness.
(4) Upon acceptance of the statement of claim, the board shall
give notice to the contractor against whom the claim is made and
shall initiate proceedings to determine the validity of the
claim. If, after investigation, the board determines that a
violation of this chapter or of any rule adopted thereunder has
occurred, or damage has been caused by the registrant, the board
may recommend to the registrant such action as the board
considers appropriate to compensate the claimant. If the
contractor performs accordingly, the board shall give that fact
due consideration in any subsequent disciplinary proceeding
brought by the board.
(5) Except for claims by owners of nonresidential property when
the total contract is $25,000 or less and those claims that are
settled through binding arbitration under subsection (9) of this
section, any person with a claim against a contractor involving
nonresidential structures shall bring an action upon the bond
required by ORS 701.085, as provided in subsections (6) to (8) of
this section, in a court of competent jurisdiction or through
binding arbitration in compliance with ORS 36.300 to 36.365. At
the option of the claimant, a person having a claim as an owner
of nonresidential property when the total contract is $25,000 or
less may elect to bring an action upon the bond in this same
manner. In such instances, all other statutes and rules
Enrolled House Bill 2525 (HB 2525-C) Page 89
applicable to the processing of claims in accordance with
subsections (5) to (8) of this section apply.
(6) Except as set forth in subsection (5) of this section, in
order to have access to the bond required by ORS 701.085, the
claimant in an action against a contractor involving
nonresidential structures must deliver a copy of the complaint to
the board and to the surety on the bond by certified mail, return
receipt requested, within 90 days of the date the complaint was
filed. The surety shall not be joined as a party to the action,
but shall have the absolute right to intervene in the action. If
notice is so given, except as provided in subsection (8) of this
section, the surety that received notice shall be bound by any
judgment entered in the action, unless within 30 days of receipt
of such notice, the surety delivers to the claimant or the
claimant's attorney of record and to the board by certified mail,
return receipt requested, or by facsimile machine or form of
transmission with an acknowledgement, a notice that the surety is
not the surety that should have received the claimant's notice.
If the claimant disputes the validity of the surety's notice, or
if the surety disputes the validity or timeliness of the delivery
of the complaint, the claimant may join the surety as a defendant
or the surety may join as a party in the action. If the surety
elects to intervene in the action or is joined as a party to the
action, it shall be bound by all issues of fact and law
determined by the court, which issues shall not then be subject
to review by the board. The date the board receives a copy of the
complaint shall be the date the board uses to establish the
priority of the claim.
(7) If a court issues a judgment against a contractor in an
action involving nonresidential structures, the claimant shall
deliver a certified copy of the judgment to the board and to the
surety within 30 days of the date of entry of the judgment in
order to retain a claim against the bond. The entry of a final
judgment against the contractor shall fully and finally conclude
the contractor's involvement concerning participation in any and
all proceedings to determine whether its bond is subject to
payment of the claim. The contractor shall not be a party to the
administrative process set forth in subsection (8) of this
section, which shall proceed with the claimant and surety as the
only parties.
(8)(a) Upon receipt of a timely filed copy of the judgment
specified in subsection (7) of this section, the board shall
issue a proposed order in the amount of the judgment, together
with any court costs, interest and attorney fees awarded by the
court. The board's determination of the claim shall be limited
only to determinations of whether the claim comes within the
jurisdiction of the board and is subject to payment by the
surety. The proposed order shall be issued in such form as to
indicate the surety's maximum liability to the claimant. If there
are no exceptions filed to the proposed order within the time
period provided therefor after issuance of the proposed order,
the proposed order shall become final without any further action
required by the board. The surety's right to except to the
proposed order based upon a judgment, except where the surety has
elected to intervene in the action as set forth in subsection (6)
of this section, shall be limited to the following issues:
(A) Whether the claim was timely filed with the board as
provided in subsection (3) of this section.
(B) Whether the surety received timely notice as provided in
subsections (6) and (7) of this section.
Enrolled House Bill 2525 (HB 2525-C) Page 90
(C) Whether the claim is for work subject to this chapter
provided within the State of Oregon.
(D) The extent of the surety's liability to the claimant.
(b) The provisions of ORS 701.150 (4) shall in all events apply
and the surety shall be entitled to except to the proposed order
as to the specific monetary liability of the surety in connection
with all claims then pending. The surety shall not be required to
pay any claim under subsection (7) of this section until such
time as it receives notice from the board under ORS 701.140 that
claims are ready for payment.
(9) With the prior agreement of the claimant and registrant,
the board may resolve the claim through binding arbitration under
rules adopted by the board generally in conformance with ORS
36.300 to 36.365. The board may also use the arbitration
procedure to resolve a dispute between a person bringing a claim
and any other contractor who agrees to follow the rules of the
board.
(10) The board may require claims of less than $1,000 to be
subject to mediation or resolved through binding arbitration.
Notwithstanding the provisions of subsection (4) of this section,
the board is not required to investigate claims of less than
$1,000.
(11) The board may apply the provisions of subsections (5) to
(8) of this section to any arbitration decision as it would to a
judgment of a court whether the arbitration decision is rendered
by the board or by independent arbitration.
(12) { - The board may delegate any of its functions
described in this section to a hearings officer. If the board
delegates its authority to decide claims to a hearings officer,
the board may provide for appeal of such orders to the board. - }
{ + Contested case hearings before the board must be conducted
by a hearing officer assigned from the Hearing Officer Panel
established by section 3 of this 1999 Act. The board may delegate
authority to the hearing officer to issue a final order in any
matter. + }
(13) The board by rule may require a deposit not to exceed $100
for the filing of a claim, the filing of a request for hearing or
the filing of exceptions. Such deposit is recoverable by the
party.
{ + (14) Sections 2 to 21 of this 1999 Act do not limit in
any way the ability of the board to make full use of alternative
dispute resolution, including mediation or arbitration, to
resolve claims against contractors filed under the provisions of
this section. In assigning hearing officers for hearings
conducted under the provisions of this section, the chief hearing
officer of the Hearing Officer Panel established under section 3
of this 1999 Act shall defer to board requests. + }
SECTION 172a. { + The amendments to ORS 701.145 by section 172
of this 1999 Act become operative on January 1, 2000. + }
SECTION 173. ORS 701.145, as amended by section 172 of this
1999 Act, is amended to read:
701.145. (1) Any person having a claim against a contractor of
the type referred to in ORS 701.140 may file with the
Construction Contractors Board a statement of the claim in such
form as the board prescribes.
(2) The board may refuse to accept, or refuse at any time to
continue processing, a claim if:
(a) The same facts and issues involved in the claim have been
submitted to a court of competent jurisdiction for determination
Enrolled House Bill 2525 (HB 2525-C) Page 91
or have been submitted to any other entity authorized by law or
the parties to effect a resolution and settlement;
(b) The claimant does not permit the contractor against whom
the claim is filed to be present at any inspection made by the
board;
(c) The board determines that the contractor against whom the
claim is filed is capable of complying with recommendations made
by the board relative to the claim, but the claimant does not
permit the contractor to comply with the recommendations.
However, the board may refuse to accept or further process a
claim under this paragraph only if the contractor was registered
at the time the work was first performed and is registered at the
time the board makes its recommendations;
(d) The board determines that the nature or complexity of the
claim is such that a court is the appropriate forum for the
adjudication of the claim; or
(e) The amount in controversy is less than an amount adopted by
the board and not more than $250.
(3) The board shall not process a claim, including a claim
based upon a court judgment or arbitration award, unless the
claim is filed in a timely manner as follows:
(a) If the owner of a new structure files the claim, the board
must receive the claim not later than one year after the date the
structure was first occupied or two years after completion,
whichever comes first.
(b) If the owner of an existing structure files the claim, the
board must receive the claim not later than one year after the
date the work was substantially completed.
(c) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to begin the work, the board must receive the claim not
later than one year after the date the parties entered into the
contract.
(d) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to substantially complete the work, the board must receive
the claim not later than one year after the date the contractor
ceased work on the structure.
(e) If a registered contractor files the claim against a
registered contractor performing work as a subcontractor on a new
structure, the board must receive the claim not later than one
year after the date the structure was first occupied or two years
after completion, whichever comes first.
(f) If a registered contractor files the claim against a
registered contractor performing work as a subcontractor on an
existing structure, the board must receive the claim not later
than one year after the work on the structure was substantially
completed.
(g) If a registered contractor files the claim against a
registered contractor performing work as a subcontractor, because
the subcontractor failed to substantially complete the work, the
board must receive the claim not later than one year after the
date the subcontractor ceased to work on the structure.
(h) If a material or equipment supplier, an employee, or a
registered subcontractor files the claim, the board must receive
the claim not later than one year after the date the registrant
incurred the indebtedness.
(4) Upon acceptance of the statement of claim, the board shall
give notice to the contractor against whom the claim is made and
shall initiate proceedings to determine the validity of the
Enrolled House Bill 2525 (HB 2525-C) Page 92
claim. If, after investigation, the board determines that a
violation of this chapter or of any rule adopted thereunder has
occurred, or damage has been caused by the registrant, the board
may recommend to the registrant such action as the board
considers appropriate to compensate the claimant. If the
contractor performs accordingly, the board shall give that fact
due consideration in any subsequent disciplinary proceeding
brought by the board.
(5) Except for claims by owners of nonresidential property when
the total contract is $25,000 or less and those claims that are
settled through binding arbitration under subsection (9) of this
section, any person with a claim against a contractor involving
nonresidential structures shall bring an action upon the bond
required by ORS 701.085, as provided in subsections (6) to (8) of
this section, in a court of competent jurisdiction or through
binding arbitration in compliance with ORS 36.300 to 36.365. At
the option of the claimant, a person having a claim as an owner
of nonresidential property when the total contract is $25,000 or
less may elect to bring an action upon the bond in this same
manner. In such instances, all other statutes and rules
applicable to the processing of claims in accordance with
subsections (5) to (8) of this section apply.
(6) Except as set forth in subsection (5) of this section, in
order to have access to the bond required by ORS 701.085, the
claimant in an action against a contractor involving
nonresidential structures must deliver a copy of the complaint to
the board and to the surety on the bond by certified mail, return
receipt requested, within 90 days of the date the complaint was
filed. The surety shall not be joined as a party to the action,
but shall have the absolute right to intervene in the action. If
notice is so given, except as provided in subsection (8) of this
section, the surety that received notice shall be bound by any
judgment entered in the action, unless within 30 days of receipt
of such notice, the surety delivers to the claimant or the
claimant's attorney of record and to the board by certified mail,
return receipt requested, or by facsimile machine or form of
transmission with an acknowledgement, a notice that the surety is
not the surety that should have received the claimant's notice.
If the claimant disputes the validity of the surety's notice, or
if the surety disputes the validity or timeliness of the delivery
of the complaint, the claimant may join the surety as a defendant
or the surety may join as a party in the action. If the surety
elects to intervene in the action or is joined as a party to the
action, it shall be bound by all issues of fact and law
determined by the court, which issues shall not then be subject
to review by the board. The date the board receives a copy of the
complaint shall be the date the board uses to establish the
priority of the claim.
(7) If a court issues a judgment against a contractor in an
action involving nonresidential structures, the claimant shall
deliver a certified copy of the judgment to the board and to the
surety within 30 days of the date of entry of the judgment in
order to retain a claim against the bond. The entry of a final
judgment against the contractor shall fully and finally conclude
the contractor's involvement concerning participation in any and
all proceedings to determine whether its bond is subject to
payment of the claim. The contractor shall not be a party to the
administrative process set forth in subsection (8) of this
section, which shall proceed with the claimant and surety as the
only parties.
Enrolled House Bill 2525 (HB 2525-C) Page 93
(8)(a) Upon receipt of a timely filed copy of the judgment
specified in subsection (7) of this section, the board shall
issue a proposed order in the amount of the judgment, together
with any court costs, interest and attorney fees awarded by the
court. The board's determination of the claim shall be limited
only to determinations of whether the claim comes within the
jurisdiction of the board and is subject to payment by the
surety. The proposed order shall be issued in such form as to
indicate the surety's maximum liability to the claimant. If there
are no exceptions filed to the proposed order within the time
period provided therefor after issuance of the proposed order,
the proposed order shall become final without any further action
required by the board. The surety's right to except to the
proposed order based upon a judgment, except where the surety has
elected to intervene in the action as set forth in subsection (6)
of this section, shall be limited to the following issues:
(A) Whether the claim was timely filed with the board as
provided in subsection (3) of this section.
(B) Whether the surety received timely notice as provided in
subsections (6) and (7) of this section.
(C) Whether the claim is for work subject to this chapter
provided within the State of Oregon.
(D) The extent of the surety's liability to the claimant.
(b) The provisions of ORS 701.150 (4) shall in all events apply
and the surety shall be entitled to except to the proposed order
as to the specific monetary liability of the surety in connection
with all claims then pending. The surety shall not be required to
pay any claim under subsection (7) of this section until such
time as it receives notice from the board under ORS 701.140 that
claims are ready for payment.
(9) With the prior agreement of the claimant and registrant,
the board may resolve the claim through binding arbitration under
rules adopted by the board generally in conformance with ORS
36.300 to 36.365. The board may also use the arbitration
procedure to resolve a dispute between a person bringing a claim
and any other contractor who agrees to follow the rules of the
board.
(10) The board may require claims of less than $1,000 to be
subject to mediation or resolved through binding arbitration.
Notwithstanding the provisions of subsection (4) of this section,
the board is not required to investigate claims of less than
$1,000.
(11) The board may apply the provisions of subsections (5) to
(8) of this section to any arbitration decision as it would to a
judgment of a court whether the arbitration decision is rendered
by the board or by independent arbitration.
(12) Contested case hearings before the board must be conducted
by { + the board or by + } a hearing officer { - assigned from
the Hearing Officer Panel established by section 3 of this 1999
Act - } { + designated by the board + }. The board may delegate
authority to the hearing officer to issue a final order in any
matter.
(13) The board by rule may require a deposit not to exceed $100
for the filing of a claim, the filing of a request for hearing or
the filing of exceptions. Such deposit is recoverable by the
party.
{ - (14) Sections 2 to 21 of this 1999 Act do not limit in
any way the ability of the board to make full use of alternative
dispute resolution, including mediation or arbitration, to
resolve claims against contractors filed under the provisions of
Enrolled House Bill 2525 (HB 2525-C) Page 94
this section. In assigning hearing officers for hearings
conducted under the provisions of this section, the chief hearing
officer of the Hearing Officer Panel established under section 3
of this 1999 Act shall defer to board requests. - }
SECTION 174. { + The amendments to ORS 701.145 by section 173
of this 1999 Act become operative on January 1, 2004. + }
{ +
DEPARTMENT OF CONSUMER AND BUSINESS SERVICES + }
{ +
(INSURANCE RATES) + }
SECTION 175. ORS 737.209 is amended to read:
737.209. (1) The Director of the Department of Consumer and
Business Services may hold a hearing on a filing made pursuant to
ORS 737.207 if the director determines that such a hearing would
aid the director in determining whether to approve or disapprove
the filing. A hearing under this section may be held at a place
designated by the director and upon not less than 10 days'
written notice to the insurer or rating organization that made
the filing and to any other person the director decides should be
notified. A filing that is the subject of a hearing under this
section becomes effective, if approved, as provided in subsection
(4) of this section.
(2) A hearing held pursuant to subsection (1) of this section
{ - may be conducted by a referee appointed by the director - }
{ + must be conducted by a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act + }. The { - referee - } { + hearing officer + } shall
report findings, conclusions and recommendations to the director
within 30 days of the close of the hearing. The insurer or rating
organization proposing the rate filing shall have the burden of
proving that the rate proposal is justified and shall pay to the
director the fair and reasonable costs of the hearing, including
actual necessary expenses.
(3) Within 10 days of receiving a report from the
{ - referee - } { + hearing officer + }, the director shall
issue an order approving or disapproving the filing.
(4) An order issued under subsection (3) of this section may be
reviewed as provided in ORS 183.480 to 183.550 for review of
contested cases. A filing approved by the director under this
section shall be effective 10 days after the order issued under
subsection (3) of this section and shall remain effective during
any review of the order.
SECTION 175a. { + The amendments to ORS 737.209 by section 175
of this 1999 Act become operative on January 1, 2000. + }
SECTION 176. ORS 737.209, as amended by section 175 of this
1999 Act, is amended to read:
737.209. (1) The Director of the Department of Consumer and
Business Services may hold a hearing on a filing made pursuant to
ORS 737.207 if the director determines that such a hearing would
aid the director in determining whether to approve or disapprove
the filing. A hearing under this section may be held at a place
designated by the director and upon not less than 10 days'
written notice to the insurer or rating organization that made
the filing and to any other person the director decides should be
notified. A filing that is the subject of a hearing under this
section becomes effective, if approved, as provided in subsection
(4) of this section.
(2) A hearing held pursuant to subsection (1) of this section
Enrolled House Bill 2525 (HB 2525-C) Page 95
{ - must - } { + may + } be conducted by a hearing officer
{ - assigned from the Hearing Officer Panel established under
section 3 of this 1999 Act - } { + designated by the
director + }. The hearing officer shall report findings,
conclusions and recommendations to the director within 30 days of
the close of the hearing. The insurer or rating organization
proposing the rate filing shall have the burden of proving that
the rate proposal is justified and shall pay to the director the
fair and reasonable costs of the hearing, including actual
necessary expenses.
(3) Within 10 days of receiving a report from the hearing
officer, the director shall issue an order approving or
disapproving the filing.
(4) An order issued under subsection (3) of this section may be
reviewed as provided in ORS 183.480 to 183.550 for review of
contested cases. A filing approved by the director under this
section shall be effective 10 days after the order issued under
subsection (3) of this section and shall remain effective during
any review of the order.
SECTION 177. { + The amendments to ORS 737.209 by section 176
of this 1999 Act become operative on January 1, 2004. + }
{ +
BOARD OF MARITIME PILOTS + }
SECTION 178. ORS 776.129 is amended to read:
776.129. { - Notwithstanding ORS 776.115 (6) - } When the
Oregon Board of Maritime Pilots establishes rates described in
ORS 776.115 (5), the { - board shall contract with the Public
Utility Commission of Oregon for the use of hearings officers
employed by the commission to conduct the rate proceeding - }
{ + hearing shall be conducted by a hearing officer assigned
from the Hearing Officer Panel established under section 3 of
this 1999 Act + }. The { - hearings - } { + hearing + }
officer shall have the same authority as prescribed in ORS
776.115 (6) for the conduct of the proceeding. A proposed order
issued by the { - hearings - } { + hearing + } officer shall
be submitted to the board for its adoption, remand or rejection.
The { - hearings - } { + hearing + } officer and the board
may receive and consider recommendations made by the Economic
Development Department and the Port of Portland.
SECTION 178a. { + The amendments to ORS 776.129 by section 178
of this 1999 Act become operative on January 1, 2000. + }
SECTION 179. ORS 776.129, as amended by section 178 of this
1999 Act, is amended to read:
776.129. When the Oregon Board of Maritime Pilots establishes
rates described in ORS 776.115 (5), the { - hearing shall be
conducted by a hearing officer assigned from the Hearing Officer
Panel established under section 3 of this 1999 Act - }
{ + board shall contract with the Public Utility Commission of
Oregon for the use of hearing officers employed by the commission
to conduct the rate proceeding + }. The hearing officer shall
have the same authority as prescribed in ORS 776.115 (6) for the
conduct of the proceeding. A proposed order issued by the hearing
officer shall be submitted to the board for its adoption, remand
or rejection. The hearing officer and the board may receive and
consider recommendations made by the Economic Development
Department and the Port of Portland.
SECTION 180. { + The amendments to ORS 776.129 by section 179
of this 1999 Act become operative on January 1, 2004. + }
Enrolled House Bill 2525 (HB 2525-C) Page 96
SECTION 181. ORS 776.375 is amended to read:
776.375. (1) Where the Oregon Board of Maritime Pilots proposes
to refuse to issue or renew a license to pilot, or proposes to
revoke or suspend a license or proposes to issue a written
reprimand, opportunity for hearing shall be accorded as provided
in ORS 183.310 to 183.550.
(2) Adoption of rules, conduct of hearings, issuance of orders
and judicial review of rules and orders shall be as provided in
ORS 183.310 to 183.550. { - The board may appoint any member
thereof or any competent person to preside at hearings. - } { +
Contested case hearings shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. + }
SECTION 181a. { + The amendments to ORS 776.375 by section 181
of this 1999 Act become operative on January 1, 2000. + }
SECTION 182. ORS 776.375, as amended by section 181 of this
1999 Act, is amended to read:
776.375. (1) Where the Oregon Board of Maritime Pilots proposes
to refuse to issue or renew a license to pilot, or proposes to
revoke or suspend a license or proposes to issue a written
reprimand, opportunity for hearing shall be accorded as provided
in ORS 183.310 to 183.550.
(2) Adoption of rules, conduct of hearings, issuance of orders
and judicial review of rules and orders shall be as provided in
ORS 183.310 to 183.550. Contested case hearings
{ - shall - } { + may + } be conducted by { + a member of
the board or by + } a hearing officer { - assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act - } { + designated by the board + }.
SECTION 183. { + The amendments to ORS 776.375 by section 182
of this 1999 Act become operative on January 1, 2004. + }
{ +
DEPARTMENT OF TRANSPORTATION + }
SECTION 184. ORS 809.040 is amended to read:
809.040. (1) When a hearing is required under ORS 809.020 or
809.050, the Department of Transportation shall afford a person
an opportunity of a hearing before the department suspends or
revokes vehicle registration. A hearing described by this
subsection is subject to all of the following:
(a) Before the hearing, the department shall provide the person
with notice meeting the requirements under ORS 809.430.
(b) The hearing, if requested, shall be { - before a
representative of the department - } in the county wherein the
person resides unless the person and the department agree to hold
it elsewhere.
(c) The hearing shall be conducted as a contested case in
accordance with ORS 183.310 to 183.550.
{ + (d) The hearing shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. + }
(2) The hearing requirements under this section do not apply in
any case where the department finds a serious danger to the
public safety and sets forth specific reasons for such finding.
(3) Judicial review of orders suspending or revoking
registration under this section shall be as provided in ORS
183.310 to 183.550.
SECTION 184a. { + The amendments to ORS 809.040 by section 184
of this 1999 Act become operative on January 1, 2000. + }
Enrolled House Bill 2525 (HB 2525-C) Page 97
SECTION 185. ORS 809.040, as amended by section 184 of this
1999 Act, is amended to read:
809.040. (1) When a hearing is required under ORS 809.020 or
809.050, the Department of Transportation shall afford a person
an opportunity of a hearing before the department suspends or
revokes vehicle registration. A hearing described by this
subsection is subject to all of the following:
(a) Before the hearing, the department shall provide the person
with notice meeting the requirements under ORS 809.430.
(b) The hearing, if requested, shall be { + conducted by a
hearing officer designated by the department + } in the county
wherein the person resides unless the person and the department
agree to hold it elsewhere.
(c) The hearing shall be conducted as a contested case in
accordance with ORS 183.310 to 183.550.
{ - (d) The hearing shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. - }
(2) The hearing requirements under this section do not apply in
any case where the department finds a serious danger to the
public safety and sets forth specific reasons for such finding.
(3) Judicial review of orders suspending or revoking
registration under this section shall be as provided in ORS
183.310 to 183.550.
SECTION 186. { + The amendments to ORS 809.040 by section 185
of this 1999 Act become operative on January 1, 2004. + }
SECTION 187. ORS 809.350 is amended to read:
809.350. (1) Before the Department of Transportation refuses to
issue or renew a driver license or permit or to issue a duplicate
or replacement license or permit to a person, it shall afford the
person an opportunity for a hearing. A hearing described by this
subsection is subject to all of the following:
(a) The department shall provide notice of the hearing in the
manner provided in ORS 809.430.
(b) The hearing, if requested, shall be { - before a
representative of the department - } in the county where the
person resides.
(c) Except as otherwise provided in this section, the hearing
shall be conducted as a contested case in accordance with ORS
183.310 to 183.550.
{ + (d) The hearing shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. + }
{ - (d) - } { + (e) + } The sole purpose of the hearing
shall be to determine whether the person notified by the
department is the person named or described in notification
received from another jurisdiction under the terms of an
agreement authorized by ORS 802.530.
{ - (e) - } { + (f) + } The person requesting the hearing
has the burden of showing by a preponderance of the evidence that
the person is not the person named or described in the
notification received from another jurisdiction.
(2) If the person meets the burden of proof required by this
section, the department shall issue or renew the person's driver
license or permit or issue a duplicate or replacement license or
permit to the person.
SECTION 187a. { + The amendments to ORS 809.350 by section 187
of this 1999 Act become operative on January 1, 2000. + }
SECTION 188. ORS 809.350, as amended by section 187 of this
1999 Act, is amended to read:
Enrolled House Bill 2525 (HB 2525-C) Page 98
809.350. (1) Before the Department of Transportation refuses to
issue or renew a driver license or permit or to issue a duplicate
or replacement license or permit to a person, it shall afford the
person an opportunity for a hearing. A hearing described by this
subsection is subject to all of the following:
(a) The department shall provide notice of the hearing in the
manner provided in ORS 809.430.
(b) The hearing, if requested, shall be { + conducted by a
hearing officer designated by the department + } in the county
where the person resides.
(c) Except as otherwise provided in this section, the hearing
shall be conducted as a contested case in accordance with ORS
183.310 to 183.550.
{ - (d) The hearing shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. - }
{ - (e) - } { + (d) + } The sole purpose of the hearing
shall be to determine whether the person notified by the
department is the person named or described in notification
received from another jurisdiction under the terms of an
agreement authorized by ORS 802.530.
{ - (f) - } { + (e) + } The person requesting the hearing
has the burden of showing by a preponderance of the evidence that
the person is not the person named or described in the
notification received from another jurisdiction.
(2) If the person meets the burden of proof required by this
section, the department shall issue or renew the person's driver
license or permit or issue a duplicate or replacement license or
permit to the person.
SECTION 189. { + The amendments to ORS 809.350 by section 188
of this 1999 Act become operative on January 1, 2004. + }
SECTION 190. ORS 809.440 is amended to read:
809.440. This section establishes hearing and administrative
review procedures to be followed when the Department of
Transportation is required to provide a hearing or an
administrative review of an action.
(1) When other procedures described under this section are not
applicable to a suspension or revocation under ORS 809.410, the
procedures described in this subsection shall be applicable. All
of the following apply to this subsection:
(a) The hearing shall be given before the department imposes
the suspension or revocation of driving privileges or continues,
modifies or extends a suspension or revocation.
(b) Before the hearing, the department shall notify the person
in the manner described in ORS 809.430.
(c) The hearing shall be { - before a representative of the
department and shall be - } in the county where the person
resides unless the person and the department agree otherwise.
(d) Upon such hearing, the department, good cause appearing
therefor, may impose, continue, modify or extend the suspension
or revocation of the driving privileges.
{ + (e) The hearing shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. + }
(2) The following apply when administrative review is provided
under any statute or rule of the department:
(a) An administrative review shall consist of an informal
administrative process to assure prompt and careful review by the
department of the documents upon which an action is based.
Enrolled House Bill 2525 (HB 2525-C) Page 99
(b) It shall be a defense to the department's action if a
petitioner can establish that:
(A) A conviction on which the department's action is based was
for an offense that did not involve a motor vehicle.
(B) An out-of-state conviction on which the department's action
is based was for an offense that is not comparable to an offense
under Oregon law.
(C) The records relied on by the department identify the wrong
person.
(c) A person requesting administrative review has the burden of
showing by a preponderance of the evidence that the person is not
subject to the action.
(d) Actions subject to administrative review shall be exempt
from the provisions of ORS 183.310 to 183.550 applicable to
contested cases, and from the provisions of subsection (4) of
this section applicable to post-imposition hearings. A
suspension, revocation or cancellation shall not be stayed during
the administrative review process or by the filing of a petition
for judicial review. A court having jurisdiction may order the
suspension, revocation or cancellation stayed pending judicial
review.
(e) Judicial review of a department order affirming a
suspension or revocation after an administrative review shall be
available as for review of orders other than contested cases, and
the department may not be subject to default for failure to
appear in such proceedings. The department shall certify its
record to the court within 20 days after service upon the
department of the petition for judicial review.
(f) If the suspension or revocation is upheld on review by a
court, the suspension or revocation shall be imposed for the
length of time appropriate under the appropriate statute except
that the time shall be reduced by any time prior to the
determination by the court that the suspension or revocation was
in effect and was not stayed.
(g) The department shall adopt any rules governing
administrative review that are considered necessary or convenient
by the department.
(3) When permitted under this section or under any other
statute, a hearing may be expedited under procedures adopted by
the department by rule. The procedures may include a limited time
in which the person may request a hearing, requirements for
telephone hearings, expedited procedures for issuing orders and
expedited notice procedures.
(4) When permitted under ORS 809.410, a hearing may be a
post-imposition hearing under this subsection. A post-imposition
hearing is a hearing that occurs after the department imposes the
suspension or revocation of driving privileges or continues,
modifies or extends a suspension or revocation. All of the
following apply to this subsection:
(a) The department must provide notice in the manner described
in ORS 809.430 before the suspension or revocation may take
effect.
(b) Except as provided in this subsection, the hearing shall be
conducted as a contested case in accordance with ORS 183.310 to
183.550.
(c) Unless there is an agreement between the person and the
department that the hearing be conducted elsewhere, the hearing
shall be held either in the county where the person resides or at
any place within 100 miles, as established by the department by
rule.
Enrolled House Bill 2525 (HB 2525-C) Page 100
(5) The department has complied with a requirement for a
hearing or administrative review if the department has provided
an opportunity for hearing or review and the person with the
right to the hearing or review has not requested it. Any request
for hearing or review must be made in writing.
(6) For any hearing described under this section, and for
administrative review described under this section, no further
notice need be given by the department if the suspension or
revocation is based upon a conviction and the court gives notice,
in a form established by the department, of the rights to a
hearing or review and of the suspension or revocation.
SECTION 190a. { + The amendments to ORS 809.440 by section 190
of this 1999 Act become operative on January 1, 2000. + }
SECTION 191. ORS 809.440, as amended by section 190 of this
1999 Act, is amended to read:
809.440. This section establishes hearing and administrative
review procedures to be followed when the Department of
Transportation is required to provide a hearing or an
administrative review of an action.
(1) When other procedures described under this section are not
applicable to a suspension or revocation under ORS 809.410, the
procedures described in this subsection shall be applicable. All
of the following apply to this subsection:
(a) The hearing shall be given before the department imposes
the suspension or revocation of driving privileges or continues,
modifies or extends a suspension or revocation.
(b) Before the hearing, the department shall notify the person
in the manner described in ORS 809.430.
(c) The hearing shall be { + conducted by a hearing officer
designated by the department + } in the county where the person
resides unless the person and the department agree otherwise.
(d) Upon such hearing, the department, good cause appearing
therefor, may impose, continue, modify or extend the suspension
or revocation of the driving privileges.
{ - (e) The hearing shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. - }
(2) The following apply when administrative review is provided
under any statute or rule of the department:
(a) An administrative review shall consist of an informal
administrative process to assure prompt and careful review by the
department of the documents upon which an action is based.
(b) It shall be a defense to the department's action if a
petitioner can establish that:
(A) A conviction on which the department's action is based was
for an offense that did not involve a motor vehicle.
(B) An out-of-state conviction on which the department's action
is based was for an offense that is not comparable to an offense
under Oregon law.
(C) The records relied on by the department identify the wrong
person.
(c) A person requesting administrative review has the burden of
showing by a preponderance of the evidence that the person is not
subject to the action.
(d) Actions subject to administrative review shall be exempt
from the provisions of ORS 183.310 to 183.550 applicable to
contested cases, and from the provisions of subsection (4) of
this section applicable to post-imposition hearings. A
suspension, revocation or cancellation shall not be stayed during
the administrative review process or by the filing of a petition
Enrolled House Bill 2525 (HB 2525-C) Page 101
for judicial review. A court having jurisdiction may order the
suspension, revocation or cancellation stayed pending judicial
review.
(e) Judicial review of a department order affirming a
suspension or revocation after an administrative review shall be
available as for review of orders other than contested cases, and
the department may not be subject to default for failure to
appear in such proceedings. The department shall certify its
record to the court within 20 days after service upon the
department of the petition for judicial review.
(f) If the suspension or revocation is upheld on review by a
court, the suspension or revocation shall be imposed for the
length of time appropriate under the appropriate statute except
that the time shall be reduced by any time prior to the
determination by the court that the suspension or revocation was
in effect and was not stayed.
(g) The department shall adopt any rules governing
administrative review that are considered necessary or convenient
by the department.
(3) When permitted under this section or under any other
statute, a hearing may be expedited under procedures adopted by
the department by rule. The procedures may include a limited time
in which the person may request a hearing, requirements for
telephone hearings, expedited procedures for issuing orders and
expedited notice procedures.
(4) When permitted under ORS 809.410, a hearing may be a
post-imposition hearing under this subsection. A post-imposition
hearing is a hearing that occurs after the department imposes the
suspension or revocation of driving privileges or continues,
modifies or extends a suspension or revocation. All of the
following apply to this subsection:
(a) The department must provide notice in the manner described
in ORS 809.430 before the suspension or revocation may take
effect.
(b) Except as provided in this subsection, the hearing shall be
conducted as a contested case in accordance with ORS 183.310 to
183.550.
(c) Unless there is an agreement between the person and the
department that the hearing be conducted elsewhere, the hearing
shall be held either in the county where the person resides or at
any place within 100 miles, as established by the department by
rule.
(5) The department has complied with a requirement for a
hearing or administrative review if the department has provided
an opportunity for hearing or review and the person with the
right to the hearing or review has not requested it. Any request
for hearing or review must be made in writing.
(6) For any hearing described under this section, and for
administrative review described under this section, no further
notice need be given by the department if the suspension or
revocation is based upon a conviction and the court gives notice,
in a form established by the department, of the rights to a
hearing or review and of the suspension or revocation.
SECTION 192. { + The amendments to ORS 809.440 by section 191
of this 1999 Act become operative on January 1, 2004. + }
SECTION 193. ORS 813.410 is amended to read:
813.410. (1) If the Department of Transportation receives from
a police officer a report that is in substantial compliance with
ORS 813.120, the department shall suspend the driving privileges
of the person in this state on the 30th day after the date of
Enrolled House Bill 2525 (HB 2525-C) Page 102
arrest or, if the report indicates that the person failed a blood
test, on the 60th day after receipt of the report, unless, at a
hearing described under this section, the department determines
that the suspension would not be valid as described in this
section. A suspension of driving privileges imposed under this
subsection shall be for a period of time established under ORS
813.420.
(2) If the department receives from a police officer a report
pursuant to ORS 813.120 that discloses that the person was
driving a commercial motor vehicle and refused to submit to a
test under ORS 813.100 or submitted to a breath or blood test and
the person's blood, as shown by the test, had .04 percent or more
by weight of alcohol, the department shall suspend the person's
commercial driver license on the 30th day after the date of
arrest or, if the report indicates that the person failed a blood
test, on the 60th day after receipt of the report, unless, at a
hearing described under this section, the department determines
that the suspension would not be valid as described in this
section. A commercial driver license suspension imposed under
this subsection shall be for a period of time established under
ORS 813.404.
(3) If within 10 days from the date of arrest, or, if the
person fails a blood test, within 10 days from the date the
department sends notice of suspension, the department receives a
written request for a hearing from a person whose driving
privileges or commercial driver license the department proposes
to suspend under this section, the department shall provide a
hearing in accordance with this section. Except as otherwise
provided under this section, a hearing held by the department
under this section shall be subject to the provisions for
contested cases, other than appeal provisions, under ORS 183.310
to 183.550. The applicable appeal provisions are as provided
under ORS 813.450 and section 24, chapter 672, Oregon Laws 1985.
Notwithstanding ORS 809.430, the department is not required to
give any notice of intent to suspend or suspension in addition to
that provided under ORS 813.100.
(4) A hearing required by this section is subject to all of the
following:
(a) The hearing shall be before { - a representative of the
department - } { + a hearing officer assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act + }.
(b) Unless there is an agreement between the person and the
department that the hearing be conducted elsewhere, the hearing
shall be held either in the county where the alleged offense
occurred or at any place within 100 miles of the place where the
offense is alleged to have occurred, as established by the
department by rule.
(c) { - The department may contract with any person or agency
to hold the hearing on behalf of the department and to report
findings from the hearing to the department and any person or
agency may in individual cases issue final orders on behalf of
the department. - } { + The department may authorize the
hearing officer to issue a final order in any case. + }
(d) A person who requests a hearing under this section and who
fails, without just cause, to appear in person or through an
attorney waives the right to a hearing notwithstanding the
provisions of ORS 183.415. If a person waives a right to a
hearing under this paragraph, the department is not required to
make any showing at hearing.
Enrolled House Bill 2525 (HB 2525-C) Page 103
(e) Except as provided in ORS 813.440 or upon remand under ORS
813.450, the department shall hold the hearing and issue a final
order within 30 days of the date of the arrest or, if the person
fails a blood test, within 60 days from the date the department
received the report of the failure.
(f) In connection with the hearing, the department or its
authorized representative may administer oaths and shall issue
subpoenas for the attendance of witnesses at the hearing
requested by the person or the department and the production of
relevant documents.
(g) The hearing shall be recorded by whatever means may be
determined by the department and shall include testimony and
exhibits, if any. The record of the proceedings shall not be
transcribed unless requested by a party to the proceeding.
(5) The scope of a hearing under this section shall be limited
to whether the suspension is valid as described in this
subsection. A suspension under this section is valid if all of
the following requirements have been met:
(a) The person, at the time the person was requested to submit
to a test under ORS 813.100, was under arrest for driving while
under the influence of intoxicants in violation of ORS 813.010 or
a municipal ordinance.
(b) The police had reasonable grounds to believe, at the time
the request was made, that the person arrested had been driving
under the influence of intoxicants in violation of ORS 813.010 or
of a municipal ordinance.
(c) The person refused a test under ORS 813.100, or took a
breath or blood test and the test disclosed that the level of
alcohol in the person's blood at the time of the test was:
(A) .08 percent or more by weight if the person was not driving
a commercial motor vehicle;
(B) .04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) If the report under ORS 813.120 indicates that the person
was driving a commercial motor vehicle, the vehicle was in fact a
commercial motor vehicle as defined in ORS 801.208.
(e) The person had been informed under ORS 813.100 of rights
and consequences as described under ORS 813.130.
(f) The person was given written notice required under ORS
813.100.
(g) If the person arrested submitted to a test under ORS
813.100, the person administering the test was qualified to
administer the test under ORS 813.160.
(h) If the person arrested submitted to a test under ORS
813.100, the methods, procedures and equipment used in the test
complied with requirements under ORS 813.160.
(6) A suspension imposed under this section shall remain in
effect pending any appeal or remand of a final order issued under
this section and there shall be no stay of the suspension pending
appeal or remand.
(7) Unless a person fails, without just cause, to appear in
person or through an attorney at a hearing requested under this
section, a person shall have the right to appeal any final order
by the department after a hearing under this section by filing a
petition. The following apply to this subsection:
(a) The person shall file the petition in the circuit court for
the county where the person resides or, if the person does not
reside in Oregon, in the circuit court of the county in which the
Enrolled House Bill 2525 (HB 2525-C) Page 104
arrest took place within 30 days after issuance of the final
order of the department.
(b) The court upon receipt of the petition shall set the matter
for hearing upon 10 days' notice to the department and the
petitioner unless hearing is waived by both the department and
the petitioner.
SECTION 193a. { + The amendments to ORS 813.410 by section 193
of this 1999 Act become operative on January 1, 2000. + }
SECTION 194. ORS 813.410, as amended by section 193 of this
1999 Act, is amended to read:
813.410. (1) If the Department of Transportation receives from
a police officer a report that is in substantial compliance with
ORS 813.120, the department shall suspend the driving privileges
of the person in this state on the 30th day after the date of
arrest or, if the report indicates that the person failed a blood
test, on the 60th day after receipt of the report, unless, at a
hearing described under this section, the department determines
that the suspension would not be valid as described in this
section. A suspension of driving privileges imposed under this
subsection shall be for a period of time established under ORS
813.420.
(2) If the department receives from a police officer a report
pursuant to ORS 813.120 that discloses that the person was
driving a commercial motor vehicle and refused to submit to a
test under ORS 813.100 or submitted to a breath or blood test and
the person's blood, as shown by the test, had .04 percent or more
by weight of alcohol, the department shall suspend the person's
commercial driver license on the 30th day after the date of
arrest or, if the report indicates that the person failed a blood
test, on the 60th day after receipt of the report, unless, at a
hearing described under this section, the department determines
that the suspension would not be valid as described in this
section. A commercial driver license suspension imposed under
this subsection shall be for a period of time established under
ORS 813.404.
(3) If within 10 days from the date of arrest, or, if the
person fails a blood test, within 10 days from the date the
department sends notice of suspension, the department receives a
written request for a hearing from a person whose driving
privileges or commercial driver license the department proposes
to suspend under this section, the department shall provide a
hearing in accordance with this section. Except as otherwise
provided under this section, a hearing held by the department
under this section shall be subject to the provisions for
contested cases, other than appeal provisions, under ORS 183.310
to 183.550. The applicable appeal provisions are as provided
under ORS 813.450 and section 24, chapter 672, Oregon Laws 1985.
Notwithstanding ORS 809.430, the department is not required to
give any notice of intent to suspend or suspension in addition to
that provided under ORS 813.100.
(4) A hearing required by this section is subject to all of the
following:
(a) The hearing shall be before a { - hearing officer
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act - } { + hearing officer designated by the
department + }.
(b) Unless there is an agreement between the person and the
department that the hearing be conducted elsewhere, the hearing
shall be held either in the county where the alleged offense
occurred or at any place within 100 miles of the place where the
Enrolled House Bill 2525 (HB 2525-C) Page 105
offense is alleged to have occurred, as established by the
department by rule.
(c) The department may authorize the hearing officer to issue a
final order in any case.
(d) A person who requests a hearing under this section and who
fails, without just cause, to appear in person or through an
attorney waives the right to a hearing notwithstanding the
provisions of ORS 183.415. If a person waives a right to a
hearing under this paragraph, the department is not required to
make any showing at hearing.
(e) Except as provided in ORS 813.440 or upon remand under ORS
813.450, the department shall hold the hearing and issue a final
order within 30 days of the date of the arrest or, if the person
fails a blood test, within 60 days from the date the department
received the report of the failure.
(f) In connection with the hearing, the department or its
authorized representative may administer oaths and shall issue
subpoenas for the attendance of witnesses at the hearing
requested by the person or the department and the production of
relevant documents.
(g) The hearing shall be recorded by whatever means may be
determined by the department and shall include testimony and
exhibits, if any. The record of the proceedings shall not be
transcribed unless requested by a party to the proceeding.
(5) The scope of a hearing under this section shall be limited
to whether the suspension is valid as described in this
subsection. A suspension under this section is valid if all of
the following requirements have been met:
(a) The person, at the time the person was requested to submit
to a test under ORS 813.100, was under arrest for driving while
under the influence of intoxicants in violation of ORS 813.010 or
a municipal ordinance.
(b) The police had reasonable grounds to believe, at the time
the request was made, that the person arrested had been driving
under the influence of intoxicants in violation of ORS 813.010 or
of a municipal ordinance.
(c) The person refused a test under ORS 813.100, or took a
breath or blood test and the test disclosed that the level of
alcohol in the person's blood at the time of the test was:
(A) .08 percent or more by weight if the person was not driving
a commercial motor vehicle;
(B) .04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) If the report under ORS 813.120 indicates that the person
was driving a commercial motor vehicle, the vehicle was in fact a
commercial motor vehicle as defined in ORS 801.208.
(e) The person had been informed under ORS 813.100 of rights
and consequences as described under ORS 813.130.
(f) The person was given written notice required under ORS
813.100.
(g) If the person arrested submitted to a test under ORS
813.100, the person administering the test was qualified to
administer the test under ORS 813.160.
(h) If the person arrested submitted to a test under ORS
813.100, the methods, procedures and equipment used in the test
complied with requirements under ORS 813.160.
(6) A suspension imposed under this section shall remain in
effect pending any appeal or remand of a final order issued under
Enrolled House Bill 2525 (HB 2525-C) Page 106
this section and there shall be no stay of the suspension pending
appeal or remand.
(7) Unless a person fails, without just cause, to appear in
person or through an attorney at a hearing requested under this
section, a person shall have the right to appeal any final order
by the department after a hearing under this section by filing a
petition. The following apply to this subsection:
(a) The person shall file the petition in the circuit court for
the county where the person resides or, if the person does not
reside in Oregon, in the circuit court of the county in which the
arrest took place within 30 days after issuance of the final
order of the department.
(b) The court upon receipt of the petition shall set the matter
for hearing upon 10 days' notice to the department and the
petitioner unless hearing is waived by both the department and
the petitioner.
SECTION 195. { + The amendments to ORS 813.410 by section 194
of this 1999 Act become operative on January 1, 2004. + }
SECTION 196. ORS 813.450 is amended to read:
813.450. (1) The petition to the circuit court appealing an
order of the Department of Transportation after a hearing under
ORS 813.410 shall state the nature of the petitioner's interest
and the ground or grounds upon which the petitioner contends the
order should be reversed or remanded.
(2) The court shall conduct the review without a jury. Review
shall be limited to the record of the department's hearing.
(3) Any party to the proceedings before the circuit court may
appeal from the judgment of the court to the Court of Appeals.
(4) Upon review in the circuit court and Court of Appeals, the
court may affirm, reverse or remand the order as follows:
(a) If the court finds that the department has erroneously
interpreted a provision of law and that a correct interpretation
compels a particular action, it shall:
(A) Set aside or modify the order; or
(B) Remand the case to the department for further action under
a correct interpretation of the provision of law.
(b) The court shall remand the order to the department if it
finds the department's exercise of discretion to be any of the
following:
(A) Outside the range of discretion delegated to the agency by
law.
(B) Inconsistent with a department rule, an officially stated
department position, or a prior department practice, if the
inconsistency is not explained by the department.
(C) Otherwise in violation of a constitutional or statutory
provision.
(c) The court shall set aside or remand the order if it finds
that the order is not supported by substantial evidence in the
record.
(5) Upon review, the court shall affirm the department's order
unless the court finds a ground for setting aside, modifying or
remanding to the department under a specified provision of this
section.
{ + (6) In any review under this section, the court shall
also review de novo determinations made by an agency that are
subject to section 12 (4) of this 1999 Act. + }
SECTION 196a. { + The amendments to ORS 813.450 by section 196
of this 1999 Act become operative on January 1, 2000. + }
SECTION 197. ORS 813.450, as amended by section 196 of this
1999 Act, is amended to read:
Enrolled House Bill 2525 (HB 2525-C) Page 107
813.450. (1) The petition to the circuit court appealing an
order of the Department of Transportation after a hearing under
ORS 813.410 shall state the nature of the petitioner's interest
and the ground or grounds upon which the petitioner contends the
order should be reversed or remanded.
(2) The court shall conduct the review without a jury. Review
shall be limited to the record of the department's hearing.
(3) Any party to the proceedings before the circuit court may
appeal from the judgment of the court to the Court of Appeals.
(4) Upon review in the circuit court and Court of Appeals, the
court may affirm, reverse or remand the order as follows:
(a) If the court finds that the department has erroneously
interpreted a provision of law and that a correct interpretation
compels a particular action, it shall:
(A) Set aside or modify the order; or
(B) Remand the case to the department for further action under
a correct interpretation of the provision of law.
(b) The court shall remand the order to the department if it
finds the department's exercise of discretion to be any of the
following:
(A) Outside the range of discretion delegated to the agency by
law.
(B) Inconsistent with a department rule, an officially stated
department position, or a prior department practice, if the
inconsistency is not explained by the department.
(C) Otherwise in violation of a constitutional or statutory
provision.
(c) The court shall set aside or remand the order if it finds
that the order is not supported by substantial evidence in the
record.
(5) Upon review, the court shall affirm the department's order
unless the court finds a ground for setting aside, modifying or
remanding to the department under a specified provision of this
section.
{ - (6) In any review under this section, the court shall
also review de novo determinations made by an agency that are
subject to section 12 (4) of this 1999 Act. - }
SECTION 198. { + The amendments to ORS 813.450 by section 197
of this 1999 Act become operative on January 1, 2004. + }
SECTION 199. ORS 822.080 is amended to read:
822.080. (1) Civil penalties under ORS 822.009 or 822.075 shall
be imposed in the manner provided in ORS 183.090.
(2) An application for a hearing on a civil penalty imposed
under ORS 822.009 or 822.075:
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
Transportation within 20 days from the date of service of the
notice provided for in ORS 183.090;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009 or
822.075 shall be conducted { - before a representative of the
department - } { + by a hearing officer assigned from the
Hearing Officer Panel established under section 3 of this 1999
Act + }.
(4) The department may, at its option, assign any unpaid civil
penalty to the Department of Revenue for collection. The
Department of Revenue shall deduct reasonable expenses from any
amounts collected.
Enrolled House Bill 2525 (HB 2525-C) Page 108
(5) All civil penalties received under ORS 822.009 or 822.075
shall be paid into the State Treasury each month and credited to
the Department of Transportation Driver and Motor Vehicle
Suspense Account.
SECTION 199a. { + The amendments to ORS 822.080 by section 199
of this 1999 Act become operative on January 1, 2000. + }
SECTION 200. ORS 822.080, as amended by section 199 of this
1999 Act, is amended to read:
822.080. (1) Civil penalties under ORS 822.009 or 822.075 shall
be imposed in the manner provided in ORS 183.090.
(2) An application for a hearing on a civil penalty imposed
under ORS 822.009 or 822.075:
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
Transportation within 20 days from the date of service of the
notice provided for in ORS 183.090;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009 or
822.075 shall be conducted by a hearing officer { - assigned
from the Hearing Officer Panel established under section 3 of
this 1999 Act - } { + designated by the department + }.
(4) The department may, at its option, assign any unpaid civil
penalty to the Department of Revenue for collection. The
Department of Revenue shall deduct reasonable expenses from any
amounts collected.
(5) All civil penalties received under ORS 822.009 or 822.075
shall be paid into the State Treasury each month and credited to
the Department of Transportation Driver and Motor Vehicle
Suspense Account.
SECTION 201. { + The amendments to ORS 822.080 by section 200
of this 1999 Act become operative on January 1, 2004. + }
{ +
FISCAL PROVISIONS + }
{ +
(Department of Human Resources) + }
SECTION 202. { + Notwithstanding any other law, in addition to
and not in lieu of any other appropriation, there is appropriated
to the Department of Human Resources, for the biennium beginning
July 1, 1999, out of the General Fund, the sum of $79,315, for
the purpose of paying costs incurred by the Department of Human
Resources, Adult and Family Services Division, in implementing
the requirements of this 1999 Act. + }
SECTION 203. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from federal
funds received by the Department of Human Resources, is increased
by $80,984, for the purpose of paying costs incurred by the
Department of Human Resources, Adult and Family Services
Division, in implementing the requirements of this 1999 Act. + }
{ +
(Water Resources Department) + }
SECTION 204. { + Notwithstanding any other law, in addition to
and not in lieu of any other appropriation, there is appropriated
to the Water Resources Department, for the biennium beginning
Enrolled House Bill 2525 (HB 2525-C) Page 109
July 1, 1999, out of the General Fund, the sum of $27,562, for
the purpose of paying costs incurred in implementing the
requirements of this 1999 Act. + }
{ +
(Department of Consumer and Business Services) + }
SECTION 205. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but
excluding federal funds and lottery funds, collected or received
by the Department of Consumer and Business Services, is increased
by $75,301, for the purpose of paying costs incurred by the
Department of Consumer and Business Services, Workers'
Compensation Division, in implementing the requirements of this
1999 Act. + }
SECTION 206. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but
excluding federal funds and lottery funds, collected or received
by the Department of Consumer and Business Services, is increased
by $75,301, for the purpose of paying costs incurred by the
Department of Consumer and Business Services, Insurance Division,
in implementing the requirements of this 1999 Act. + }
{ +
(Department of Transportation) + }
SECTION 207. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but
excluding federal funds and lottery funds, collected or received
by the Department of Transportation, is increased by $938,812,
for the purpose of paying costs incurred by the Department of
Transportation, Driver and Motor Vehicle Division, in
implementing the requirements of this 1999 Act. + }
{ +
(Oregon Liquor Control Commission) + }
SECTION 208. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but
excluding federal funds and lottery funds, collected or received
by the Oregon Liquor Control Commission, is increased by
$104,902, for the purpose of paying costs incurred by the Oregon
Liquor Control Commission in implementing the requirements of
this 1999 Act. + }
{ +
(Employment Department) + }
SECTION 209. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but
Enrolled House Bill 2525 (HB 2525-C) Page 110
excluding federal funds and lottery funds, collected or received
by the Employment Department, is increased by $203,785, for the
purpose of paying costs incurred by the Employment Department by
reason of using hearing officers assigned from the Hearing
Officer Panel established under section 3 of this 1999 Act. + }
SECTION 210. { + Notwithstanding any other law limiting
expenditures from revenues received by the Employment Department,
during the biennium beginning July 1, 1999, the sum of
$20,163,680 is authorized to be expended during the biennium
beginning July 1, 1999, from fees, moneys and other revenues
received by the department, including Miscellaneous Receipts, but
excluding federal funds and lottery funds. Such sum may be
expended only for the purpose of paying costs incurred by the
Employment Department in the administration and operation of the
Hearing Officer Panel established under section 3 of this 1999
Act. + }
SECTION 211. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from federal
funds received by the Employment Department, is increased by
$349,445, for the purpose of paying costs incurred by the
Employment Department by reason of using hearing officers
assigned from the Hearing Officer Panel established under section
3 of this 1999 Act. + }
{ +
(Construction Contractors Board) + }
SECTION 212. { + Notwithstanding any other law, the amount
otherwise established by law for the biennium beginning July 1,
1999, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but
excluding federal funds and lottery funds, collected or received
by the Construction Contractors Board, is increased by $154,985,
for the purpose of paying costs incurred by the Construction
Contractors Board in implementing the requirements of this 1999
Act. + }
{ +
OPERATIVE DATE + }
SECTION 213. { + (1) Sections 2 to 21 of this 1999 Act become
operative on January 1, 2000.
(2) Notwithstanding subsection (1) of this section, the chief
hearing officer for the Hearing Officer Panel shall be employed
within 30 days after the effective date of this 1999 Act. The
chief hearing officer shall have all powers necessary to plan and
to take any actions before January 1, 2000, that are necessary to
enable the chief hearing officer and the hearing officers to
implement and to exercise, on and after January 1, 2000, all the
duties, functions and powers conferred upon the chief hearing
officer, the hearing officers and the Hearing Officer Panel by
sections 1 to 21 of this 1999 Act.
(3) The chief hearing officer employed under section 4 of this
1999 Act may temporarily exempt particular agencies, or
particular categories of hearings conducted by agencies, from the
application of section 11 of this 1999 Act. In no event shall any
exemption given under this subsection extend beyond December 31,
2001. + }
Enrolled House Bill 2525 (HB 2525-C) Page 111
{ +
SUNSET + }
SECTION 214. { + (1) Sections 2 to 21 of this 1999 Act are
repealed January 1, 2004.
(2) Immediately before the repeal of sections 2 to 21 of this
1999 Act, the chief hearing officer for the Hearing Officer Panel
shall return all records or personnel that are still employed by
the panel to the chief administrative officer or board of each
agency that was required to transfer records or personnel to the
panel under section 17 of this 1999 Act. The chief administrative
officer or board shall take possession of the records and
personnel and employ them in the conduct of contested case
proceedings on behalf of the agency.
(3) Any dispute as to transfer of records or personnel under
this section shall be resolved by the Governor, and the decision
of the Governor is final. + }
{ +
UNIT AND SECTION CAPTIONS + }
SECTION 215. { + The unit and section captions used in this
1999 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 1999 Act. + }
{ +
EFFECTIVE DATE + }
SECTION 216. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect
August 1, 1999. + }
----------
Passed by House June 16, 1999
Repassed by House July 1, 1999
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 29, 1999
...........................................................
President of Senate
Enrolled House Bill 2525 (HB 2525-C) Page 112
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled House Bill 2525 (HB 2525-C) Page 113