Oregon Administrative Code

808-004-0600 Payment from Bond, Irrevocable Letter of Credit or Other Security; Exhaustion of Bond, Irrevocable Letter of Credit or Other Security (1) The board may notify the surety company of claims pending. (2) The board shall notify the surety company or deposit holder of cla…

808-005-0010 Migrated from Repeals and Renumbers file [Reserved] History: Sunset on 09-28-2017 LCB 1-2000, f. & cert. ef. 2-1-00 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88

808-005-0020 Schedule of Civil Penalties and Suspensions The agency assesses civil penalties for violations of ORS 671.510 to 671.760 and OAR chapter 808, some of which may be settled per the terms of a Stipulated Order. These penalties include, but are not limited to: (1) Operat…

808-005-0030 Civil Penalty Collections The agency may initiate its own collection proceedings, assign the matter to the Department of Revenue for collection, and/or commence an action as provided in ORS 671.955 Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 S…

808-008-0020 Applicability of Rules; Application of ORS 36.600-36.740 (1) The rules in this division shall apply when: (a) A claim is referred to the Office of Administrative Hearings for arbitration under OAR 808-004-0590; (b) The parties to the arbitration agree that the Landsc…

808-008-0030 Incorporation of Office of Administrative Hearings Rules (1) The following rules related to the contested case hearings conducted by administrative law judges assigned to the Office of Administrative Hearings are incorporated into these rules by this reference and ap…

808-008-0040 Arbitration of Disputes Outside Jurisdictional Requirements A dispute involving a landscaping contractor that does not meet timeliness filing or other jurisdictional requirements under this chapter or ORS 671.690 to 671.710 may be arbitrated by the agency only if bot…

808-008-0051 Application for Judicial Relief An application to the court for judicial relief under the rules in division 8 of this chapter or under ORS 36.600 to 36.740 shall be subject to ORS 36.615. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Ch…

808-008-0060 Appointment of Arbitrator Appointment of arbitrator shall be as provided in ORS 671.703 and shall be subject to a request for a different administrative law judge to act as arbitrator under ORS 183.645 and OAR 471-060-0005. Statutory/Other Authority: ORS 670.310 & 67…

808-008-0080 Delegation of Duties If the agency refers a dispute to the Office of Administrative Hearings for arbitration under these rules, the duties of the agency under these rules may be carried out through representatives as directed by the Chief Administrative Law Judge or …

808-008-0085 Filing and Service of Pleadings and Other Documents (1) Unless otherwise provided by these rules, documents, correspondence, motions, pleadings, rulings and orders filed in an arbitration under these rules shall be filed as follows: (a) With the agency before a claim…

808-008-0090 Request for Contested Case Hearing or Removal to Court (1) If the Office of Administrative Hearings receives a request under OAR 808-004-0590 to conduct the hearing on a claim as a contested case, the Office of Administrative Hearings shall retain jurisdiction over t…

808-008-0100 On-Site Investigation, Settlement Discussions (1) At the discretion of the agency the arbitration hearing may be preceded by an on-site meeting or settlement discussions. (2) At the discretion of the arbitrator, the arbitration may be preceded by settlement discussio…

808-008-0110 Declaration of Damages and Amendment to Declaration of Damages (1) If the party asserting the claim has not previously field a Statement of Claim or declaration under OAR 808-004-0340, 080-004-0540 or 808-004-0550, the party shall file with the agency on a form provi…

808-008-0120 Time and Place of Arbitration Hearing; Notice The Office of Administrative Hearings shall fix a time and place for the arbitration hearing. The Office of Administrative Hearings l will mail notice of the time and place of the arbitration at least 21 days prior to the…

808-008-0140 Qualifications of Arbitrator (1) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator. (2) Before accepting appointment, …

808-008-0160 Substitution of Arbitrator (1) The agency administrator or a person designated by the agency administrator may substitute another arbitrator at any time before the arbitration hearing begins. (2) If the agency refers a dispute to the Office of Administrative Hearings…

808-008-0180 Representation by Counsel Any party may be represented at an arbitration by an attorney. A corporation, partnership or other business entity may appear or be represented at an arbitration as provided under ORS 183.457. Statutory/Other Authority: ORS 183.310 - 183.500…

808-008-0200 Attendance at Hearings Persons having a direct interest in the arbitration are entitled to attend hearings. The arbitrator may require the exclusion of any witness who is not a party during the testimony of other witnesses. The arbitrator shall determine whether any …

808-008-0220 Postponement, Recess and Continuance An arbitration may postpone or recess and later continued by the arbitrator. A party requesting a postponement or continuance must show good cause. The arbitrator will determine whether to grant a postponement or continuance. The …

808-008-0260 Recording of Arbitration (1) Unless otherwise agreed by the parties and the arbitrator, the arbitrator must make a recording of the hearing. (2) The agency may dispose of recordings of arbitrations when 90 days have passed after the arbitrator issues an award in the …

808-008-0280 Conduct of Hearing; Authority of Arbitrator (1) An arbitrator may conduct arbitration in such a manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to …

808-008-0291 Summary Disposition An arbitrator may decide a request for summary disposition of a claim or particular issue: (1) If all interested parties agree; or (2) Upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the …

808-008-0300 Arbitration in the Absence of a Party (1) Except as provided in section (2) of this rule, an arbitration may proceed in the absence of a party who, after due notice, fails to appear. An award shall not be made solely on the default of a party. The arbitrator may requ…

808-008-0320 Discovery (1) Parties to an arbitration are encouraged to exchange information informally, prior to the hearing. After making reasonable attempts to obtain any of the following, a party may make written request of the arbitrator for an order directing the other party…

808-008-0340 Subpoenas; Evidence (1) The arbitrator or an attorney for a party to the arbitration may issue subpoenas for witnesses and documents for the arbitration hearing. (2) The arbitrator shall be the sole judge of the relevance and materiality of the evidence offered. Conf…

808-008-0360 Close of Hearings When satisfied that the parties have completed their presentations, the arbitrator shall close the hearing. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703(3) History: LCB 1-2000, f. …

808-008-0380 Waiver of Right to Object to Noncompliance with These Rules Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state objections prior to the close of the hearing sha…

808-008-0400 Services of Notices and Other Communications (1) Communication, including, but not limited to the initial notice of an arbitration hearing directed by the arbitrator, Office of Administrative Hearings, or agency to the last-known address of record shall be considered…

808-008-0420 Time, Form, and Scope of Award; Limitation on Award (1) The award shall be rendered promptly by the arbitrator and, unless otherwise agreed by the parties, not later than thirty days from the date of the closing of the arbitration hearing. (2) The agency may extend t…

808-008-0425 Petition to Modify or Correct an Award; Issuance (1) A party to an arbitration may petition the arbitrator to modify or correct an award. A party may file only one petition of an award under this rule as stated in subsection (13) of this rule. (2) The petition to mod…

808-008-0430 Form of Petition to Modify or Correct an Award (1) A petition to modify or correct an award filed by a party to an arbitration under OAR 808-008-0425 shall conform to the following requirements: (a) The petition shall be typed or legibly printed on 8-1/2 by 11" sheet…

808-008-0440 Payments from Licensee’s Bond If an award or amended award requires payment by a licensee and the licensee fails to pay the award, the award is payable from the surety bond or deposit of the business to the extent payment is authorized under ORS 671.710. Payments fro…

808-008-0460 Filing with Court; Exceptions (1) A party may petition the court to confirm an award under ORS 36.700. The petitioning party shall serve the agency with a copy of a petition filed under this section. (2) A party may petition the court to vacate, modify or correct an …

808-008-0480 Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator’s powers. All other rules shall be interpreted and applied by the agency administrator or a person designated by the agency administr…

808-008-0500 Immunity of Arbitrator Immunity of arbitrator and the Office of Administrative Hearings are subject to ORS 36.660(1) to (3). Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 1-2005, f. & ce…

808-008-0511 Competency of Arbitrator to Testify Competency of an arbitrator to testify and produce records is subject to ORS 36.660(4). Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 1-2005, f. & cert. ef.…

808-008-0521 Attorney Fees and Costs If a person commences a civil action against an arbitrator, the Office of Administrative Hearings or a representative of the Office of Administrative Hearings, arising from the services of the arbitrator, the Office of Administrative Hearings …

808-009-0010 Application of Rules Contested case hearings on claims arising under ORS 671.690–671.710 shall be governed by OAR 808-009-0020 through 808-009-0220 and 137-003-0501 through 137-003-0700. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS…

808-009-0020 Amendment to Declaration of Damages (1) If the agency refers a claim to the Office of Administrative Hearings for a hearing on the amount that the respondent owes the claimant, the claimant may amend the amount the claimant alleges the respondent owes the claimant by…

808-009-0050 Providing Required Information to Parties The agency delegates to the Office of Administrative Hearings or the law judge assigned to hear a claim the responsibility to provide the information required to be given to each party under ORS 183.413(2) and 137-003-0510(1)…

808-009-0060 Hearing Postponement If a party requests postponement of a hearing, the request may be granted: (1) The request is promptly made after the party receives the notice of hearing or is promptly made after emergency or unforeseen circumstances arise; and (2) The party es…

808-009-0070 Suspending Processing (1) An administrative law judge may suspend or cancel a hearing at any time if the administrative law judge finds that the nature or complexity of the issues is such that a court is a more appropriate forum for adjudication. If a administrative …

808-009-0080 Administrative Law Judge A contested case hearing may be held before an administrative law judge of the agency. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183 & 671 History: LCB 3-2000, f. & cert. ef. 7-26-00 LCB 1-2000, f. …

808-009-0085 Filing of Documents Unless otherwise provided in these rules, the agency waives the right to receive copies of documents served under OAR 137-003-0520(2). Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 671.703 History: LCB …

808-009-0090 Authorized Representation of a Party A party or limited party participating in a claim contestedcase hearing before the agency may be represented by an authorized representative, as provided in OAR 137-003-0555. Statutory/Other Authority: ORS 183, 670.310 & 671.670 S…

808-009-0095 Discovery and Subpoenas (1) The agency delegates to the hearing officer assigned to hear a claim the authority to: (a) Order and control discovery under OAR 137-003-0570 related to the hearing on the claim, except an hearing officer may not authorize a party to take …

808-009-0100 Burden of Proof and Failure to Meet Burden (1) A claimant must submit sufficient credible evidence into the record to prove that: (a) The claimant suffered damages; (b) Respondent caused those damages by performing negligent or improper work or a breach of contract i…

808-009-0120 Determination of Validity of Claim In determining the validity of the claim, the administrative law judge shall determine: (1) Whether the claim arose out of a transaction within the scope of ORS 671.510 to 671.710; (2) Whether the agency has jurisdiction over the ma…

808-009-0140 Failure to Appear (1) "Order" as used in this rule means a proposed and final order a law judge is authorized to issue under OAR 808-009-00160. (2) If the administrative law judge notified the parties to a claim of the time and place of a hearing on the claim, and a …