Current through Register Vol. 63, No. 9, September 1, 2024
(1) If a hearing
on a claim is conducted by the Office of Administrative Hearings:
(a) The hearing shall be held as an
arbitration under the rules in Division 8 of this chapter, unless a party
requests that the hearing be held as a contested case hearing under subsection
(b) of this section or files the dispute in court under section (2) of this
rule.
(b) Except as provided in
sections (2) and (6) of this rule, the hearing shall be held as a contested
case hearing under OAR
137-003-0501 to
137-003-0700 and the rules in
division 9 of this chapter if:
(A) A party to
the claim makes a timely written request under section (4) of this rule that
the claim be heard as a contested case; or
(B) The agency requests under sections (4)
and (6) of this rule that the claim be heard as a contested
case.
(2)
Subject to section (3) of this rule, a claim shall be decided in court if:
(a) The claimant files a complaint in court
that alleges the elements of the claim in the complaint; or
(b) The respondent files a complaint in court
for damages, a complaint for declaratory judgment, or another complaint that
arises from the contract or work that is the subject of the claim and that
allows the claimant to file a response alleging the elements of the claim.;
or
(c) The Board requires the
claimant to move the claim to a court of competent jurisdiction, due the nature
and complexity of the claim.
(3) A copy of a complaint filed under section
(2) of this rule must be received by the agency or the Office of Administrative
Hearings no later than 30 days after the Office of Administrative Hearings
sends the first notice that an arbitration or contested case hearing is
scheduled. Failure to deliver the copy of the complaint within the time
limitation in this rule constitutes waiver of the right to have the claim
decided in court and consent to the hearing being held as binding arbitration
or a contested case hearing under section (1) of this rule. Delivery shall be
either to the agency or the Office of Administrative Hearings as required by
OAR 137-003-0520 or 808-010-0085,
whichever is applicable.
(4) A
request that a claim be heard as a contested case filed under section (1)(b) of
this rule is subject to the following:
(a)
The request by a party or the agency must be in writing and received by the
agency or the Office of Administrative Hearings no later than 30 days after the
Office of Administrative Hearings sends the first notice that an arbitration is
scheduled. Delivery shall be either to the agency or the Office of
Administrative Hearings as required by OAR
137-003-0520 or
808-008-0085, whichever is
applicable.
(b) A referral of a
claim to the Office of Administrative Hearings by the agency for a contested
case hearing shall be deemed a request that the claim be heard as a contested
case under section (1)(b) of this rule.
(c) A party or the agency may not withdraw a
request made under this section without the written consent of the agency and
all parties to the claim.
(5) Failure to deliver a timely written
request for a contested case hearing under sections (1)(b) and (4) of this rule
or a copy of a filed complaint under sections(2) and (3) of this rule
constitutes consent to the hearing on the claim being held as binding
arbitration through the Office of Administrative Hearings under section (1)(a)
of this rule.
(6) The agency may
request under section (1)(b)(B) of this rule that a hearing be held as a
contested case hearing if:
(a) The agency's
jurisdiction to decide the claim under ORS
671.690 to
671.710 is at issue; or
(b) The agency determines that the
agency has an interest in interpreting the rules and statutes that apply to the
claim.
Stat. Auth: ORS
670.310 &
671.703
Stats. Implemented: ORS
671.703
