71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. HB 2202
LC 1125/HB 2202-A3
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2202
By COMMITTEE ON JUDICIARY
April 5
On page 3 of the printed A-engrossed bill, line 38, delete '
(3)' and insert '(4)'.
In line 40, delete 'substantially'.
In line 41, delete 'in conformance with ORS 36.300 to 36.365'
and insert 'under subsection (3) of this section'.
In line 42, after the period delete the rest of the line and
line 43 and insert:
' (2) The board may use arbitration to resolve a construction
dispute between any parties'.
On page 4, delete line 1 and insert:
' (3) Rules adopted by the board to regulate arbitration under
subsections (1) and (2) of this section must substantially
conform with the provisions of ORS 36.300 to 36.365. The rules
may include, but are'.
In line 7, delete 'Notwithstanding ORS 36.350,'.
Delete lines 14 through 24 and insert:
' (4) A party to a claim that is subject to a board order of
binding arbitration under subsection (1) of this section may
avoid the arbitration if the party requests to have the claim
resolved through a contested case hearing or files a complaint in
a court. A party making a request or filing a complaint under
this subsection is subject to the following provisions:
' (a) If the party requests to have a claim resolved through a
contested case hearing, the party must, within the time specified
in paragraph (c) of this subsection, deliver the request in
writing to the board and to all parties entitled by board rule to
receive a copy of the request.
' (b) If the party files a complaint in court, the party must,
within the time specified in paragraph (c) of this subsection,
deliver a copy of the complaint to the board and to all parties
entitled by board rule to receive a copy of the complaint. If the
party filing the complaint is the claimant, the claimant must
allege all elements of the claim in the complaint. If the
complaint is filed by the contractor against whom a claim is
alleged, the complaint may be a complaint for damages, a
complaint for declaratory judgment or other complaint that allows
the claimant to file a response alleging the elements of the
claim. The claimant has the burden of proving the elements of the
claim in any action described in this paragraph.
' (c) A party that is subject to paragraph (a) or (b) of this
subsection must deliver a request or complaint to the board as
described in paragraphs (a) and (b) of this subsection no later
than the 30th day after the board sends notice that an
arbitration hearing has been scheduled. Failure to timely deliver
a request or complaint under this paragraph constitutes consent
to the binding arbitration.
' (d) If a party makes a timely request under paragraph (a) of
this subsection for a contested case hearing and another party
timely files a complaint in compliance with paragraph (b) of this
subsection, the filing of the complaint supersedes the request
for a contested case hearing.
' (e) A party may not withdraw a request made in compliance
with paragraph (a) of this subsection unless all parties agree to
the withdrawal.
' (f) The provisions of paragraph (b) of this subsection are in
addition to any other requirements imposed by law regarding the
filing of a complaint.'.
In line 26, after the period delete the rest of the line and
insert 'If a claim is filed in a court,'.
In line 27, delete 'the claim be resolved by a court,'.
In line 31, delete '(3)' and after '701.145' delete the rest of
the line and line 32.
Delete lines 34 through 36 and insert:
' (3) An arbitration conducted under section 4 (1) or (2) of
this 2001 Act must be held before a hearing officer acting as
arbitrator. The hearing officer assigned to act as arbitrator of
the case on behalf of the board must be from the Hearing Officer
Panel established under section 3, chapter 849, Oregon Laws 1999.
The assignment of a hearing officer to act as arbitrator is
subject to a request for a different arbitrator under section 11,
chapter 849, Oregon Laws 1999, or a rule adopted pursuant to
section 11, chapter 849, Oregon Laws 1999.'.
In line 37, delete '(5)' and insert '(4)'.
In line 41, delete '(6)' and insert '(5)'.
In line 44, delete '(7)' and insert '(6)' and after ' for'
insert 'arbitration and contested case'.
On page 5, line 2, delete '(8)' and insert '(7)'.
Delete lines 5 through 30 and insert:
' { + SECTION 6. + } Section 5 of this 2001 Act is amended to
read:
' { + Sec. 5. + } (1) If a party to a claim under ORS 701.145
requests a contested case hearing, the Construction Contractors
Board shall schedule the hearing. If a claim is filed in a court,
the board shall suspend further processing of the claim until the
claim is resolved by an appropriate court.
' (2) If the claim is submitted for determination by a court,
the board may require that the claimant provide status reports on
the pending action. The board may dismiss a claim filed under ORS
701.145 if the claimant fails to submit status reports on a
pending action.
' (3) An arbitration conducted under section 4 (1) or (2) of
this 2001 Act must be held before a hearing officer
{ - acting - } { + designated by the board to act + } as
arbitrator. { - The hearing officer assigned to act as
arbitrator of the case on behalf of the board must be from the
Hearing Officer Panel established under section 3, chapter 849,
Oregon Laws 1999. The assignment of a hearing officer to act as
arbitrator is subject to a request for a different arbitrator
under section 11, chapter 849, Oregon Laws 1999, or a rule
adopted pursuant to section 11, chapter 849, Oregon Laws
1999. - }
' (4) Contested case hearings before the board must be
conducted by { - a hearing officer assigned from the Hearing
Officer Panel established by section 3, chapter 849, Oregon Laws
1999. - } { + the board or a hearing officer designated by the
board. + } The board may delegate authority to the hearing
officer to issue a final order in any matter.
' { - (5) Sections 2 to 21, chapter 849, Oregon Laws 1999, 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 claims against contractors filed under
section 2 of this 2001 Act. - }
' { - (6) In assigning hearing officers for arbitration and
contested case hearings conducted under the provisions of this
section, the chief hearing officer of the Hearing Officer Panel
established under section 3, chapter 849, Oregon Laws 1999, shall
defer to board requests. - }
' { - (7) - } { + (5) + } The board, by rule, may require a
deposit not to exceed $100 for the filing of a claim, a request
for hearing or exceptions. The prevailing party may recover a
deposit required by this subsection.'.
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