(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.
(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. [2001 c.621 §7; 2007 c.903 §9]
Note: See second note under 659A.003.Section: Previous 659A.810 659A.815 659A.820 659A.825 659A.830 659A.835 659A.840 659A.845 659A.850 659A.855 659A.860 659A.865 659A.870 659A.875 659A.880 Next
Last modified: August 7, 2008