Oregon Administrative Rules
Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION
Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT
Section 437-001-0270 - Discretion To Prevent a Manifest Injustice

Universal Citation: OR Admin Rules 437-001-0270

Current through Register Vol. 63, No. 12, December 1, 2024

(1) To prevent a manifest injustice, the Administrator, at the Administrator's own discretion, or upon request from the Division or an adversely affected person, may vacate or amend a Division citation, notice, or order.

(2) If the Administrator proposes to vacate or amend a Division citation, notice, or order, an opportunity to be heard will be given to persons, including affected employees, whose rights may be affected.

(3) All requests for reconsideration based on a manifest injustice shall contain a statement indicating the following:

(a) The request has been posted as required by OAR 437-001-0275(2);

(b) The request has been served on the authorized representative of affected employees, if appropriate;

(c) The date the request was posted or service was made; and

(d) All affected employees have been advised of their right to comment.

(4) No decision shall be made on a manifest injustice request until 10 days after the date of posting or service.

Statutory/Other Authority: 656.726(4) & ORS 654.025(2)

Statutes/Other Implemented: ORS 654.001 - 654.295

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