Oregon Statutes 659A.835 – Investigation; finding of substantial evidence
(1) Except as provided in subsection (2) of this section, after the filing of any complaint under ORS § 659A.820 or 659A.825, the Commissioner of the Bureau of Labor and Industries may investigate the complaint.
Terms Used In Oregon Statutes 659A.835
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- 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
(2) The commissioner shall commence an investigation of any complaint filed under ORS § 659A.820 or 659A.825 alleging an unlawful practice under ORS § 659A.145 or 659A.421 or discrimination under federal housing law within 30 days after the filing of the complaint.
(3) If, by reason of an investigation under this section, the commissioner determines that additional persons should be named as respondents in the complaint, the commissioner may add the names of those persons to the complaint. The commissioner may name additional persons as respondents under this subsection only during the course of the investigation. Within 10 days after identifying an additional person who will be named as a respondent, the commission shall serve the person with a copy of the complaint that identifies the alleged discriminatory housing practice and a notice that advises the person of the procedural rights and obligations of the person, including the person’s right to file an answer to the complaint.
(4) If an investigation under this section discloses any substantial evidence supporting the allegations of a complaint, the commissioner shall issue a finding of substantial evidence. The finding must be sent to the respondent and the complainant and must be signed by the commissioner or the commissioner’s designee. The finding must include at least the following information:
(a) The names of the complainant and the respondent;
(b) The allegations contained in the complaint;
(c) Facts found by the commissioner that are related to the allegations of the complaint; and
(d) A statement that the investigation of the complaint has disclosed substantial evidence supporting the allegations of the complaint. [2001 c.621 § 5; 2007 c.903 § 8]