Oregon Administrative Code

839-025-0530 Violations for Which a Civil Penalty May Be Assessed (1) The Commissioner may assess a civil penalty for each violation of any provision of the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870) and for each violation of any provision of the administrative rules ado…

839-025-0540 Schedule of Civil Penalties (1) The civil penalty for any one violation may not exceed $5,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) For purposes of this rule, "repeated violations…

839-025-0700 Prevailing Wage Rate Determination/Amendments to Determination. (1) Pursuant to ORS 279C.815, the Commissioner of the Bureau of Labor and Industries has determined that for the period beginning July 5, 2026, the prevailing rates of wage for workers upon public works …

839-025-0800 Satellite Locations (1) Work that meets the requirements of OAR 839-025-0004(30)(a)(G) is not a public works if a contractor, subcontractor or a public agency demonstrates by a preponderance of the evidence that the work produces: (a) Inventory that, at the time it i…

839-026-0000 Definitions As used in ORS 653.412 to ORS 653.485 and these rules: (1) "All of the employees listed on the voluntary standby list," as used in ORS 653.455(3)(k)(C), means those employees on the voluntary standby list who are qualified and trained to perform the work …

839-026-0010 Covered Employees and Integrated Enterprises (1) ORS 653.412 to ORS 653.485 applies to employees who are employed in a retail, hospitality, or food services establishment and whose primary duties consist of performing activities relating to the retail, lodging or foo…

839-026-0020 Good Faith Estimate of Work Schedule (1) For new employees, the employer shall provide the employee, at the time of hire, with a written good faith estimate of the employee's work schedule. The good faith estimate, which must be provided in the language the employer …

839-026-0030 Advance Notice of Work Schedule (1) The employer shall post the written work schedule, including all work shifts and on-call shifts with specific start and end times for the work period covered by the schedule, in a conspicuous and accessible location in the employee…

839-026-0040 Right to Rest between Work Shifts (1) Unless the employee requests or consents to work such hours, an employer may not schedule or require an employee to work: (a) Less than ten hours after the end of the previous calendar day's work shift or on-call shift; or (b) Le…

839-026-0050 Record Retention Requirements (1) An employer is required to retain records that document the employer’s compliance with ORS 653.412 to 653.485 and these rules for a period of not less than three years. Records may be printed or stored electronically. (2) Records to …

839-026-0060 Employees Covered by Collective Bargaining Agreements or Other Contracts Providing Remedy Equal to or Better than Remedy in ORS 653.442 or 653.455 An employer is not required to pay an employee the compensation described in ORS 653.442 or 653.455 when the employee is…

839-026-0065 Unlawful Employment Practices (1) It is an unlawful employment practice for an employer to interfere with, restrain, deny, or attempt to deny the exercise of any right protected under ORS 653.412 to 653.485. (2) It is an unlawful employment practice for an employer t…

839-026-0120 Civil Penalties (1) The commissioner may assess a civil penalty for any of the following violations of ORS 653.412 to 653.485 and these rules: (a) Failure to provide an employee with a work schedule in writing or to post a written work schedule in a conspicuous and a…

839-026-0130 Schedule of Civil Penalties for Violations of ORS 653.412 to 653.485 (1) Except as provided in sections (2) and (3) of this rule, the civil penalty for any one violation of ORS 653.412 to 653.485 or any rule adopted pursuant thereto shall not exceed $1,000. The actua…

839-026-0140 Criteria for Determining a Civil Penalty (1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed and cite those the commissioner finds to be appropriate: (a) The history …

839-030-0300 Administering Personal Service Contracts (1) The Bureau of Labor and Industries may contract with consultants to provide required services. It is the intent of the bureau to publicly announce requirements for consultant services, and to select consultants on the basi…

839-050-0000 Statement of Purpose (1) The purpose of OAR 839-050-0000 to 839-050-0440 is to ensure that the contested case procedures of the Bureau of Labor and Industries comply with ORS 183.413 to 183.470, to provide clear guidelines and an understanding of what is expected of …

839-050-0010 Model Rules of Procedure The Attorney General's Model Rules of Procedure for contested cases adopted pursuant to OAR 839-002-0005 govern contested case proceedings of the Bureau of Labor and Industries except to the extent they conflict with or are modified by rules …

839-050-0020 Definitions Unless the context requires otherwise, the following definitions apply to OAR 839-050-0000 through 839-050-0445: (1) "Administrative Law Judge" means the Commissioner or an individual or a special tribunal designated by the Commissioner to preside over an…

839-050-0030 Service of Documents (1) Except as otherwise provided in ORS 652.332(1), the charging document will be served on the party or the party's representative by personal service or by United States Postal Service registered or certified mail. Service of a charging documen…

839-050-0040 Filing of Documents with the Contested Case Coordinator; Calculation of Time and Filing Dates (1) Documents must be filed with the Contested Case Coordinator to be considered filed with the Forum. (2) Except as modified by statute or enlarged by these rules, by order…

839-050-0050 Timeliness (1) The Administrative Law Judge may disregard any document that is filed with the Contested Case Coordinator beyond the established number of days for filing. (2) When a participant requires additional time to submit any document, a written request for su…

839-050-0060 Charging Documents (1) A charging document will contain: (a) A reference to the particular statutes or administrative rules involved in the alleged violation; (b) A short and concise statement of the matters that constitute the alleged violation; and (c) A statement …

839-050-0070 Request for a Contested Case Hearing Except when Formal Charges are issued, any party upon whom a charging document is served and who wishes to contest the charging document must request a contested case hearing. This request must be in writing and filed with the Age…

839-050-0080 Notice of Hearing (1) When a party makes a timely written request for a contested case hearing, that hearing will be scheduled in accordance with OAR 839-050-0070 and the Contested Case Coordinator will issue a Notice of Hearing from the Forum to the participants. (2…

839-050-0090 Location of Contested Case Hearings Contested case hearings will generally be held in a State of Oregon office building when available, or another appropriate facility, near the location where the action arose. The location of a hearing will be included in the Notice…

839-050-0100 Information for Contested Case Hearings The Forum will provide with a Notice of Hearing, a statement of information for all parties involved in a contested case hearing that includes: (1) Instructions on how to submit correspondence, documents and other filings to th…

839-050-0110 Representation of a Party in a Contested Case Proceeding (1) Any party may be represented by counsel, as that term is defined in OAR 839-050-0020(13). At all stages of the contested case proceeding, all government agencies, partnerships, corporations and unincorporat…

839-050-0120 Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding The claimant, complainant or aggrieved person may have counsel present at the contested case hearing; however, counsel's participation is limited to rendering advice to coun…

839-050-0130 Responsive Pleadings (1) A party filing a written request for a hearing must file a written response, referred to as an "answer," to the allegations in the charging document. The answer must be sent to the address indicated on the charging document. A party served wi…

839-050-0140 Amendments (1) The Agency may amend its charging document: (a) At any time before the hearing commences; or (b) During the hearing, but before the evidentiary record closes, as allowed in (4) and (5) of this rule. (2) If the Agency files an amended charging document …

839-050-0150 Motions Except as otherwise stated in OAR 839-050-0050, all pre-hearing and post-hearing motions will be submitted in writing to the Administrative Law Judge through the Contested Case Coordinator. If the nonmoving participant chooses to respond, the nonmoving partic…

839-050-0160 Disqualification of Administrative Law Judge (1) An Administrative Law Judge may withdraw from a proceeding whenever the Administrative Law Judge determines disqualification to be necessary. Any party to any contested case may claim that the person designated as Admi…

839-050-0170 Joinder of Parties, Claimants, Complainants, or Aggrieved Persons (1) Aggrieved persons, complainants, or claimants: Any number of persons may be joined in one proceeding as aggrieved persons, complainants, or claimants if they assert a right to relief arising out of…

839-050-0190 Consolidation of Contested Case Proceedings The Administrative Law Judge, on their own motion, or upon motion of a party, may order a joint contested case proceeding for two or more contested cases over which they are presiding when the Administrative Law Judge deter…

839-050-0200 Discovery (1) The Administrative Law Judge has the sole discretion to order discovery by a participant in appropriate cases. This rule does not require the Administrative Law Judge to authorize any discovery. If the Administrative Law Judge does authorize discovery, …

839-050-0210 Case Summary (1) Prior to any contested case hearing, the Administrative Law Judge may issue a discovery order directing the participants to prepare a case summary due no later than 14 calendar days before the hearing date, containing any or all of the following: (a)…

839-050-0220 Informal Disposition of Contested Case (1) After the Agency issues a charging document, a case may be resolved informally by stipulation, agreed settlement, consent order, settlement agreement, or default. (2) When a charging document involves a license revocation pr…

839-050-0230 Authority of the Administrative Prosecutor (1) The Administrative Prosecutor is authorized by ORS chapter 183 to appear on behalf of and represent the Agency. The Administrative Prosecutor may perform any function not prohibited by this rule. (2) The Administrative P…

839-050-0240 Responsibilities of the Administrative Law Judge (1) The commissioner delegates Proposed Order Authority to Administrative Law Judges employed by the Agency as hearings officers and those persons who are appointed to preside at particular hearings. The commissioner d…

839-050-0250 Conduct of Hearings The hearing will be conducted by and under the control of the Administrative Law Judge. (1) The Administrative Law Judge will open the hearing with a brief introduction of the Agency, the parties and issues, including all information required by O…

839-050-0255 Telephone Hearings (1) A "telephone hearing" is one in which at least one participant is not physically present at the hearing but participates by telephone or other two-way communication device. (2) The Administrative Law Judge has the discretion to hold a hearing o…

839-050-0260 Evidence (1) All evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs, including hearsay if reliable, will be admissible. (2) Irrelevant, immaterial, or unduly repetitious evidence may be excluded. (3) The bu…

839-050-0270 Exhibits (1) Hearing participants must premark their exhibits. Agency exhibits will be marked with "A" (for example, A-1, A-2, etc.), and Respondent exhibits will be marked with "R" (for example, R-1, R-2, etc.). The Administrative Law Judge will preserve the exhibit…

839-050-0280 Stipulation (1) Prior to the hearing, participants to a contested case may agree to all or some of the facts involved in the controversy. This may be done through a written and signed stipulation or an oral stipulation made on the record during a prehearing conferenc…

839-050-0290 Witnesses All testimony to be taken at the hearing, except matters officially noticed or entered by stipulation, will be sworn or affirmed. This may include testimony given on deposition, by declaration, or in answers to interrogatories. Statutory/Other Authority: OR…

839-050-0300 Interpreters and Assistive Communication Devices (1) When a person unable to speak or understand the English language, or having a physical hearing or speaking impairment, is involved in a contested case hearing, such person is entitled to a qualified interpreter or …

839-050-0310 Ex Parte Communications (1) An ex parte communication is an oral or written communication to an agency decision maker or the presiding officer not made in the presence of all parties to the contested case proceeding, concerning a fact in issue in the proceeding, but …

839-050-0320 Official Notice The Administrative Law Judge, commissioner, or decision maker delegated by the commissioner may take notice of judicially cognizable facts and of general, technical, or scientific facts within the specialized knowledge of the Administrative Law Judge,…

839-050-0330 Default (1) Default may occur when: (a) A party fails to file a required response, including a request for hearing or an answer, within the time specified in the charging document; (b) A party withdraws a request for hearing; (c) The Forum has scheduled a hearing and…