Oregon Statutes - Chapter 654 - Occupational Safety and Health - Section 654.290 - Applicability of Administrative Procedures Act; Administrative Law Judge qualifications.

(1) Promulgation by the Director of the Department of Consumer and Business Services or by the Workers’ Compensation Board of regulations, rules and standards authorized by ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, and any judicial review thereof, shall be as provided in ORS chapter 183.

(2) Notwithstanding ORS 183.315 (1), the issuance of orders pursuant to ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780, the conduct of hearings in contested cases and the judicial review thereof shall be as provided in ORS chapter 183, except that:

(a) The chairperson of the Workers’ Compensation Board or the designee of the chairperson shall employ Administrative Law Judges to hold hearings in contested cases.

(b) The order of an Administrative Law Judge in a contested case shall be deemed to be a final order of the board.

(c) The director shall have the same right to judicial review of the order of an Administrative Law Judge as any person who is adversely affected or aggrieved by such final order.

(d) Affected employees or their authorized representative shall be accorded an opportunity to participate as parties in hearings.

(3) Administrative Law Judges shall be members in good standing of the Oregon State Bar and possess such other qualifications as the board may prescribe, and shall be employed in accordance with ORS 656.724. [1973 c.833 §35 (enacted in lieu of 654.040, 654.065, 654.070, 654.075 and 654.080); 1975 c.759 §18; 1977 c.804 §43; 1999 c.876 §1]

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Last modified: August 7, 2008