Oregon Statutes 659A.850 – Hearing; orders; fees
(1)(a) All proceedings before the Commissioner of the Bureau of Labor and Industries under this section shall be conducted as contested case proceedings under the provisions of ORS Chapter 183. Except as provided in paragraph (b) of this subsection, the commissioner may appoint a special tribunal or hearing officer to hear the matter. The commissioner may affirm, reverse, modify or supplement the determinations, conclusions or order of any special tribunal or hearing officer appointed under this subsection. The scheduling of a hearing under this section does not affect the ability of the commissioner and any respondent to thereafter settle the matters alleged in the complaint through conference, conciliation and persuasion.
Terms Used In Oregon Statutes 659A.850
- Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Commissioner: means the Commissioner of the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Respondent: means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS § 659A. See Oregon Statutes 659A.001
- Unlawful practice: includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. See Oregon Statutes 659A.001
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) In a proceeding under this section alleging an unlawful practice under ORS § 659A.145 or 659A.421 or discrimination under federal housing law:
(A) Only an employee of the Bureau of Labor and Industries may be a member of a special tribunal or a hearing officer appointed to hear the matter.
(B) An aggrieved person may intervene as a party in the proceeding. The commissioner may award prevailing party costs and reasonable attorney fees to a person who intervenes.
(2) After considering all the evidence, the commissioner shall cause to be issued findings of facts and conclusions of law.
(3) The commissioner shall issue an order dismissing the formal charges against any respondent not found to have engaged in any unlawful practice alleged in the complaint.
(4) After a hearing under this section, the commissioner shall issue an appropriate cease and desist order against any respondent found to have engaged in any unlawful practice alleged in the complaint. The order must be signed by the commissioner and must take into account the need to supervise compliance with the terms of order. The order may require that the respondent:
(a) Perform an act or series of acts designated in the order that are reasonably calculated to:
(A) Carry out the purposes of this chapter;
(B) Eliminate the effects of the unlawful practice that the respondent is found to have engaged in, including but not limited to paying an award of actual damages suffered by the complainant and complying with injunctive or other equitable relief; and
(C) Protect the rights of the complainant and other persons similarly situated;
(b) Submit reports to the commissioner on the manner of compliance with other terms and conditions specified in the commissioner’s order, and take other action as may be required to ensure compliance with the commissioner’s order; and
(c) Refrain from any action specified in the order that would jeopardize the rights of the complainant or other persons similarly situated, or that would otherwise frustrate the purposes of this chapter.
(5) A cease and desist order issued under subsection (4) of this section may be recorded in the County Clerk Lien Record in the manner provided by ORS § 205.125 and enforced in the manner provided by ORS § 205.126. In addition to enforcement under ORS § 205.126, the order may be enforced by writ of mandamus or a civil action to compel specific performance of the order.
(6) The commissioner may charge a respondent on a cease and desist order the actual collection fees charged to the bureau by any other governmental agency or any private collection agency assisting in the collection of the judgment. [2001 c.621 § 8; 2007 c.903 § 10; 2008 c.36 § 12; 2009 c.110 § 1; 2009 c.162 § 2]