74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 404
 
LC 274/SB 404-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 404
 
                    By COMMITTEE ON COMMERCE
 
                            April 27
 
  On page 1 of the printed bill, line 13, restore 'section ' and
delete 'subsection'.
  Delete lines 26 through 29 and insert:
  ' (2)(a) If a claimant finally prevails against a denial as
provided in subsection (1) of this section, the court, board or
Administrative Law Judge may order payment of the claimant's
reasonable expenses and costs for records, expert opinions and
witness fees.'.
  In line 30, delete 'the necessity of wit-'.
  Delete line 31 and insert 'the reasonableness of witness fees,
expenses and costs for the purpose of paragraph (a) of this
subsection.'.
  On page 2, delete line 1.
  In line 2, delete 'Payment of' and insert 'Payments for
witness'.
  After line 4, insert:
  ' (d) Payments for witness fees, expenses and costs ordered
under this subsection may not exceed $1,500 unless the claimant
demonstrates extraordinary circumstances justifying payment of a
greater amount.'.
  In line 8, after 'which' delete the rest of the line and insert
'the order on the compensability of the claim denial has not
become final on or before the ef-'.
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