Oregon Statutes 659A.845 – Formal charges
(1) If the Commissioner of the Bureau of Labor and Industries issues a finding of substantial evidence under ORS § 659A.835 and the matter cannot be settled through conference, conciliation and persuasion, or if the commissioner determines that the interest of justice requires that a hearing be held without first seeking settlement, the commissioner shall prepare formal charges. Formal charges must contain all information required for a notice under ORS § 183.415 and must specify the allegations of the complaint to which the respondent will be required to make response. Formal charges shall also set the time and place for hearing the formal charges.
Terms Used In Oregon Statutes 659A.845
- 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.
- 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.
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
(2)(a) The commissioner shall serve the formal charges on all respondents found to have engaged in the unlawful practice.
(b) If the formal charges allege a violation of ORS § 659A.145 or 659A.421 or discrimination under federal housing law, the commissioner shall serve on the named respondents and complainants the formal charges and a notice of the right of the respondents and complainants under ORS § 659A.870 to opt for a court trial instead of a hearing under ORS § 659A.850.
(3) The commissioner may not prepare formal charges alleging an unlawful practice under ORS § 659A.145 or 659A.421 or discrimination under federal housing law after trial has begun in a civil action that the complainant commenced under state or federal law and that seeks relief with respect to that unlawful or discriminatory practice. [2001 c.621 § 7; 2007 c.903 § 9; 2008 c.36 § 11; 2015 c.609 1,4]