74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 827
House Bill 2253
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Commissioner of the Bureau
of Labor and Industries Dan Gardner)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Commissioner of Bureau of Labor and Industries, Wage
and Hour Commission or State Apprenticeship and Training Council,
if person has failed to comply with investigative subpoena, to
petition court for order directing person to show cause for
noncompliance. Directs court, if person fails to show cause, to
order person to comply with subpoena and authorizes court to hold
person in contempt for failure to do so. Specifies authority of
commissioner and Wage and Hour Commission to conduct
investigations and issue subpoenas.
A BILL FOR AN ACT
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 Oregon:
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.
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