A public employer who receives a transferred public employee under ORS § 236.610 (1) shall place that employee in a position comparable to the position the employee enjoyed under prior employment, subject to the following:

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(1) The receiving employer, in determining a comparable position, shall consider the employee’s educational and physical qualifications, experience, and the salary, duties and responsibilities of prior employment.

(2) If the receiving employer finds that no comparable position exists under subsection (1) of this section, the employee shall be offered a lesser position, if such position is available, according to the qualifications of the employee, by the receiving employer. The finding and action of such employer under this subsection, and subsection (3) of this section shall be subject to a hearing upon the employee’s request and subject to review under ORS § 34.010 to 34.100.

(3) If the receiving employer finds that no position exists, the employee shall be listed as a regular laid-off employee and shall have priority to appointment over other persons eligible for any position for which the employee is qualified, subject to any applicable collective bargaining agreement. [1963 c.204 § 4; 1991 c.918 § 5; 1995 c.286 § 23]