(1) An arbitration conducted under ORS 701.148 must be held before an administrative law judge assigned under ORS 183.600 to 183.690 to act as arbitrator on behalf of the Construction Contractors Board. The assignment of an administrative law judge to act as arbitrator is subject to a request for a different arbitrator under ORS 183.645 or a rule adopted pursuant to ORS 183.645.
(2) If a party to a complaint under ORS 701.145 requests a contested case hearing, the board shall schedule the hearing.
(3) The board may adopt rules governing the avoidance of a contested case hearing. The rules may include, but need not be limited to, a limit on the time period during which a party to a complaint may avoid a contested case hearing by filing a court action.
(4) Contested case hearings before the board must be conducted by an administrative law judge assigned under ORS 183.600 to 183.690. Notwithstanding ORS 670.325, the board may delegate authority to the administrative law judge to issue a final order in any matter.
(5) In assigning administrative law judges for arbitration and contested case hearings conducted under this section, the chief administrative law judge of the Office of Administrative Hearings established under ORS 183.605 shall defer to board requests.
(6) If a complainant to the board files a court action, the board may require that the complainant provide status reports on the pending court action. The board may dismiss or close a complaint filed under ORS 701.139 if the complainant fails to submit status reports on a pending court action.
(7) ORS 183.600 to 183.690 do not limit in any way the ability of the board to make full use of alternative dispute resolution, including mediation or arbitration, to resolve complaints against contractors filed under ORS 701.139. [2005 c.207 §2; 2007 c.793 §18]Section: Previous 701.139 701.140 701.143 701.145 701.146 701.147 701.148 701.149 701.150 701.153 701.155 701.157 701.160 701.170 701.175 Next
Last modified: August 7, 2008