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 1871
 
                         Senate Bill 442
 
Sponsored by COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
  DEVELOPMENT (at the request of Oregon Self-Insurers
  Association)
 
 
                             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.
 
  Provides that correction of alleged violation of occupational
safety laws and payment of civil penalty are not required until
final order is issued if employer files request for hearing to
contest citation or proposed penalty.
 
                        A BILL FOR AN ACT
Relating to alleged violations of occupational safety laws;
  amending ORS 654.078.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 654.078 is amended to read:
  654.078. (1) An employer may contest a citation, a proposed
assessment of civil penalty and the period of time fixed for
correction of a violation, or any of these, by filing with the
Department of Consumer and Business Services, within 20 days
after receipt of the citation, notice or order, a written request
for a hearing before the Workers' Compensation Board.   { - Such
a - }   { + The + } request need not be in any particular form,
but shall specify the alleged violation that is contested and the
grounds upon which the employer considers the citation or
proposed penalty or correction period unjust or unlawful.
  (2) An affected employee or  { + a + } representative of
 { - such employees - }   { + an affected employee + } may
contest the time fixed for correction of a violation by filing
with the department, within 20 days after the receipt by the
employer of the citation, notice or order   { - which fixes
such - }   { + that fixes the + } time for correction, a written
request for a hearing before the board.   { - Such a - }
 { + The + } request need not be in any particular form, but
shall specify the violation in question and the grounds upon
which the employee considers the correction period to be
unreasonable.
  (3) A hearing on any question relating to the validity of a
citation or the proposed civil penalty to be assessed therefor
  { - shall - }   { + may + } not be granted unless a request for
hearing is filed by the employer within the period specified in
subsection (1) of this section.  { + If a request for hearing is
so filed, correction of the alleged violation and payment of
penalties are not required until a final order is issued. + } If
 
a request for hearing is not so filed, the citation and the
assessment of penalty as proposed
  { - shall be - }   { + become + } a final order of the
department and   { - shall not be - }   { + are not + } subject
to review by any agency or court.
  (4) A hearing relating to the reasonableness of the time
prescribed for the correction of a violation   { - shall - }
 { + may + } not be granted, except for good cause shown, unless
a request for hearing is filed within the period specified in
subsections (1) and (2) of this section. If a request for hearing
is not so filed { + , + } the time fixed for correction of the
violation   { - shall be - }   { + becomes + } a final order of
the department and   { - shall not be - }   { + is not + }
subject to review by any agency or court.
  (5)   { - Where - }   { + When + } an employer contests, in
good faith and not solely for delay or avoidance of penalties,
the period of time fixed for correction of a nonserious
violation,   { - such - }   { + the + } period of time
 { - shall - }   { + does + } not run between the date the
request for hearing is filed and the date the order of the
department becomes final by operation of law or on appeal.
  (6)   { - Where - }   { + When + } an employer or employee
contests the period of time fixed for correction of a serious
violation, any hearing on that issue shall be conducted as soon
as possible and shall take precedence over other hearings
conducted by the board under the provisions of ORS 654.001 to
654.295 and 654.750 to 654.780.
  (7)   { - Where - }   { + When + } informal disposition of a
contested case is made by stipulation, agreed settlement or a
consent order,   { - such - }  { + the + } stipulation,
settlement or order   { - shall - }   { + may + } not be pleaded
  { - or - }   { + and is not + } admissible in evidence as an
admission or confession in any criminal prosecution or in any
other civil proceeding that may be instituted against the
employer, except in the case of a civil proceeding brought to
enforce   { - such - }   { + the + } stipulation, settlement or
order.
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