Chapter 277
AN ACT
HB 2253
Relating to agency enforcement authority; amending ORS 651.060,
653.530, 658.220, 659A.800 and 660.120.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 651.060 is amended to read:
651.060. (1) The
Commissioner of the Bureau of Labor and Industries may conduct
investigations, issue subpoenas and subpoenas duces tecum, administer
oaths, obtain evidence and take testimony in all matters relating to the duties
required under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120[,] and 651.170[, 652.330, 653.055, 658.405 to 658.503 and
658.705 to 658.850 and wage claims arising under ORS 653.305 to 653.350] and
ORS chapters 652, 653, 658 and 659A and in all contested cases scheduled
for hearing by the Bureau of Labor and Industries pursuant to ORS chapter 183[. Such] when the information sought
is relevant to a lawful investigative purpose and is reasonable in scope. The
testimony shall be taken in some suitable place in the vicinity to which testimony
is applicable. The commissioner shall adopt rules for gathering information
through subpoenas or testimony. The rules must include procedures through which
a party may object to providing information. After being served with a
subpoena, if a person refuses, without reasonable cause, to be examined, to
answer any question or to produce any document or other thing as required by
the subpoena, the commissioner may petition the circuit court in the county in
which the investigation is pending for an order directing the person to show
cause why the person has not complied with the subpoena and should not be held
in contempt. The commissioner shall serve the court’s order upon the person in
the manner provided by ORCP 55 D. If the person fails to show cause for the
noncompliance, the court shall order the person to comply with the subpoena
within such time as the court shall direct and may hold the person in contempt.
(2) Witnesses subpoenaed
and testifying before any officer of the bureau shall be paid the fees and
mileage provided for witnesses in ORS 44.415 (2). The payment shall be made
from the fund appropriated for the use of the bureau[,] and in the manner provided in ORS 651.170 for the payment of
other expenses of the bureau.
(3) The commissioner [of the Bureau of Labor and Industries]
shall employ a deputy commissioner and such other assistants or personnel as
may be necessary to carry into effect the powers and duties of the commissioner
or of the bureau [of Labor and Industries]
and may prescribe the duties and responsibilities of [such] the employees. The commissioner may delegate any of
the powers of the commissioner or of the bureau to the deputy commissioner and
to the other assistants employed under this subsection for the purpose of
transacting the business of the commissioner’s office or of the bureau. In the
absence of the commissioner, the deputy commissioner and the other assistants
whom the commissioner employs [shall]
have full authority, under the commissioner’s direction, to do and perform any
duty that the law requires the commissioner to perform. However, the
commissioner [shall be] is
responsible for all acts of the deputy commissioner and of the assistants
employed under this subsection.
(4) [In accordance with any applicable provisions
of ORS chapter 183, the commissioner of the Bureau of Labor and Industries]
The commissioner may adopt such reasonable rules as may be necessary to
administer and enforce any statutes over which the commissioner or the bureau [of Labor and Industries] has
jurisdiction.
(5) The commissioner [of the Bureau of Labor and Industries]
may conduct and charge and collect fees for public information programs
pertaining to any of the statutes over which the commissioner or the bureau [of Labor and Industries] has
jurisdiction.
SECTION 2.
ORS 653.530 is amended to read:
653.530. (1) The Wage
and Hour Commission may hold meetings for the transaction of any of its
business at such times and places as it may prescribe.
(2) The commission may
hold public hearings at such times and places as it deems fit and proper for
the purpose of investigating any of the matters it is authorized to investigate
under ORS 653.535.
(3) At any such public
hearing any person interested in the matter being investigated may appear and
testify.
[(4) The commission may subpoena and compel the attendance of any
witness at any such public hearing. Any commissioner may administer an oath to
any witness who testifies at any such public hearing.]
(4) The commission
may conduct investigations, issue subpoenas and subpoenas duces tecum,
administer oaths, obtain evidence and take testimony in all matters relating to
the commission’s duties when the information sought is relevant to a lawful
investigative purpose and is reasonable in scope. The commission shall adopt
rules for gathering information through subpoenas or testimony. The rules must
include procedures through which a party may object to providing information.
After being served with a subpoena, if a person refuses, without reasonable
cause, to be examined, to answer any question or to produce any document or
other thing as required by the subpoena, the commission may petition the
circuit court in the county in which the investigation is pending for an order
directing the person to show cause why the person has not complied with the
subpoena and should not be held in contempt. The commission shall serve the
court’s order upon the person in the manner provided by ORCP 55 D. If the
person fails to show cause for the noncompliance, the court shall order the
person to comply with the subpoena within such time as the court shall direct
and may hold the person in contempt.
(5) All witnesses
subpoenaed by the commission shall be paid the same mileage and per diem as are
allowed by law to witnesses under ORS 44.415 (2).
SECTION 3.
ORS 658.220 is amended to read:
658.220. (1) When it
appears to the Commissioner of the Bureau of Labor and Industries that any
person is engaged or about to engage in an act or practice that constitutes a
violation of ORS 658.005 to 658.245 or the rules adopted pursuant thereto, the
commissioner may, without bond, obtain an order from an appropriate circuit
court enjoining any such act or practice. The court may award reasonable
attorney fees to the commissioner if the commissioner prevails in an action
under this subsection. The court may award reasonable attorney fees to a
defendant who prevails in an action under this subsection if the court
determines that the commissioner had no objectively reasonable basis for
asserting the claim or no reasonable basis for appealing an adverse decision of
the trial court.
[(2) The commissioner may issue subpoenas in any investigation in a
contested case the commissioner is conducting outside of a court proceeding or
as otherwise necessary for the performance of any of the duties of the
commissioner under ORS 658.005 to 658.245.]
(2) In the manner
described in ORS 651.060, the commissioner may conduct investigations, issue
subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take
testimony in all matters relating to the duties required under ORS 658.005 to
658.245.
SECTION 4.
ORS 659A.800 is amended to read:
659A.800. (1) The Bureau
of Labor and Industries may take all steps necessary to eliminate and prevent
unlawful practices. To eliminate the effects of unlawful discrimination, the
bureau may promote voluntarily affirmative action by employers, labor
organizations, governmental agencies, private organizations and individuals and
may accept financial assistance and grants or funds for [such] this purpose.
(2) The bureau is given
general jurisdiction and power for the purpose of eliminating and preventing
unlawful practices.
(3) The Commissioner of
the Bureau of Labor and Industries shall employ a deputy commissioner and such
other personnel as may be necessary to carry into effect the powers and duties
conferred upon the bureau [of Labor and
Industries] and the commissioner under this chapter and may prescribe the
duties and responsibilities of [such]
the employees. The commissioner may delegate any of the powers under
this chapter to the deputy commissioner employed under this subsection.
[(4) The commissioner or the designee of the commissioner may issue
subpoenas to require the production of evidence necessary for the performance
of any of the duties under this chapter.]
(4) In the manner
described in ORS 651.060, the commissioner may conduct investigations, issue
subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take
testimony in all matters relating to the duties required under this chapter.
(5) [No] A person delegated any powers
or duties under this section and ORS 659A.805 [shall] may not act as prosecutor and examiner in processing
any violation under this chapter.
SECTION 5.
ORS 660.120 is amended to read:
660.120. (1) The State
Apprenticeship and Training Council shall enforce the provisions of ORS 660.002
to 660.210 in order to carry out [its]
the intent and purposes of those provisions. With the assistance
of the State Director of Apprenticeship and Training and the director’s staff,
the council may conduct investigations, issue subpoenas and subpoenas duces
tecum, obtain evidence, administer oaths and take testimony in all matters
relating to [its] the council’s
duties and functions as set forth in ORS 660.002 to 660.210[.] when the information sought is
relevant to a lawful investigative purpose and is reasonable in scope. The
council shall adopt rules for gathering information through subpoenas or
testimony. The rules must include procedures through which a party may object
to providing information. After being served with a subpoena, if a person
refuses, without reasonable cause, to be examined, to answer any question or to
produce any document or other thing as required by the subpoena, the council
may petition the circuit court in the county in which the investigation is
pending for an order directing the person to show cause why the person has not
complied with the subpoena and should not be held in contempt. The council
shall serve the court’s order upon the person in the manner provided by ORCP 55
D. If the person fails to show cause for the noncompliance, the court shall
order the person to comply with the subpoena within such time as the court
shall direct and may hold the person in contempt.
(2) The council may bring suit in a court of
proper jurisdiction in [its] the
council’s own name, or in the name of an apprentice on behalf of the
apprentice, through the district attorney or the Attorney General.
(3) The council
may [make such] adopt rules [as] that are reasonably necessary
to enforce and administer ORS 660.002 to 660.210. [However, all rules which the council makes under ORS 660.002 to 660.210
shall be adopted in compliance] In adopting the rules, the council shall
comply with ORS chapter 183. In addition, where the council finds that it
would be impractical for a number or all of the local joint committees in the
state to develop criteria concerning a particular matter, the council may [make] adopt rules on [such] the matter. The council’s
rules shall govern on that matter except to the extent that a local joint
committee’s approved standards contain exceptions.
[(2)] (4) The council also shall:
(a) Establish policy of
the program so as to encourage the promotion, expansion and improvement of
programs of apprenticeship and training;
(b) Approve and register
such program standards and modifications thereto, as are submitted by
appropriate local joint committees as provided in ORS 660.126, which are in substantial
conformity with the statewide standards approved under ORS 660.155;
(c) Establish committees
and approve nominations of members and alternates to local joint committees and
state joint committees to [insure] ensure
balanced representation of employer and employee groups;
(d) Deregister standards
and terminate entire programs, and remove any or all members of any committee,
for inactivity or inadequate activity, or for failure to abide by the
provisions of ORS 660.002 to 660.210 or by the rules and policies of the
council;
(e) Cooperate with
interested state and federal agencies, including the Department of Education
and other providers of related training and curriculum such as community
college districts, community college service districts, education service
districts and recognized industry programs;
(f) Perform such other
functions and duties as are necessary or appropriate to carry out the purposes
of ORS 660.002 to 660.210; and
(g) Hold at least four
regular public meetings each year. Executive sessions shall be held on call of
the chairperson, or at the written request of a majority of the members of the
council.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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