75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2391
Senate Bill 384
Sponsored by Senator GEORGE
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.
Establishes Department of Transportation Contract Review Board.
Allows contractor that has public contract with Department of
Transportation to request that board review contract in event of
dispute between contractor and department. Requires board to hold
informal hearing and issue proposed decision. Requires board to
hold formal hearing and issue final order if party does not
accept board's proposed decision.
Establishes Department of Transportation Contract Review Fund.
Requires board to deposit filing fees in fund. Continuously
appropriates moneys in fund to board to carry out board
functions.
Sunsets January 1, 2015.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to a review board for public contracts with the
Department of Transportation; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is established the Department of
Transportation Contract Review Board, which consists of five
members appointed by the Governor. A member must have experience
in construction, engineering, architecture or the law and may not
be employed by the Department of Transportation during the
member's term in office.
(2) A member's term of office is four years, but a member
serves at the pleasure of the Governor. Before a member's term
expires, the Governor shall appoint a successor whose term begins
on January 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment that is immediately effective for the
unexpired term.
(3) A member's appointment is subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(4) A member is entitled to compensation and expenses as
provided in ORS 292.495. + }
SECTION 2. { + Notwithstanding the term of office specified in
section 1 of this 2009 Act, of the members first appointed to the
Department of Transportation Contract Review Board:
(1) One shall serve for a term ending January 1, 2011.
(2) One shall serve for a term ending January 1, 2012.
(3) One shall serve for a term ending January 1, 2013.
(4) Two shall serve for terms ending January 1, 2014. + }
SECTION 3. { + (1) The Department of Transportation Contract
Review Board shall select one of the board's members as
chairperson and another member as vice chairperson for such terms
and with such powers and duties necessary to perform the
functions of the offices as the board determines.
(2) A majority of board members constitutes a quorum for the
transaction of business.
(3) The board shall meet at a place, day and hour determined by
the board. The board may also meet at other times and places
specified by the call of the chairperson or of a majority of
board members.
(4) The Department of Transportation shall provide staff
support to the board. + }
SECTION 4. { + The Department of Transportation Contract
Review Board may administer oaths, take depositions and issue
subpoenas to compel the attendance of witnesses and the
production of documents or other written information necessary to
carry out the provisions of sections 1 to 7 of this 2009 Act. If
a person fails to comply with a subpoena issued under this
section or refuses to testify on matters concerning which the
person lawfully may be interrogated, the board may apply in
accordance with ORS 183.440 to a circuit court to compel
obedience. + }
SECTION 5. { + (1) A contractor that entered into a public
contract with the Department of Transportation and that has a
dispute with the department about the contract may request that
the Department of Transportation Contract Review Board review the
contract. If a contractor requests that the board review the
contract, the review is in lieu of any other dispute resolution
process available to the contractor under the contract.
(2) To request review, a contractor shall file a written
request with the board and serve a copy of the request on the
department. The request must be accompanied by a filing fee of
$500, unless the value of the matter in dispute is less than
$5,000, in which case the filing fee is $100. The contractor
shall include in the request a short and plain statement
explaining the dispute about the public contract.
(3) Within 15 days after receiving the request for review, the
board shall hold an informal hearing to take evidence in
connection with the dispute about the public contract. A
representative of the contractor and a representative of the
department shall appear at the hearing. Notwithstanding ORS 8.690
and 9.160 and ORS chapter 180, neither the contractor nor the
department is required to be represented by legal counsel at the
hearing.
(4) Within 30 days after the informal hearing, the board shall
issue a proposed decision. A decision by the board, including a
final order issued under subsection (7) of this section, requires
a majority vote of all members of the board.
(5) If the contractor and the department accept the board's
proposed decision, the decision constitutes a settlement of the
dispute.
(6) If either party to the dispute does not accept the board's
proposed decision, the party that does not accept the decision
shall within 10 days after the board issues the decision notify
the board and the other party that the decision is not
acceptable. Within 15 days after receiving the notice, the board
shall set the matter for a formal hearing under the applicable
provisions of ORS chapter 183.
(7) Within 15 days after the formal hearing, the board shall
issue a final order. The board may extend the time for issuing a
final order by 15 days if the board finds that the matter is too
complex to issue a final order within the initial time limit. The
final order is subject to judicial review as provided in ORS
183.482.
(8) If the board fails to issue a final order within the time
permitted under subsection (7) of this section, the dispute is
resolved in favor of the contractor. + }
SECTION 6. { + The Department of Transportation Contract
Review Board may adopt rules necessary for the administration of
sections 1 to 7 of this 2009 Act in accordance with applicable
provisions of ORS chapter 183. + }
SECTION 7. { + (1) The Department of Transportation Contract
Review Fund is established separate and distinct from the General
Fund. Interest earned by the Department of Transportation
Contract Review Fund must be credited to the fund.
(2) Fees that the Department of Transportation Contract Review
Board receives under section 5 of this 2009 Act must be paid into
the State Treasury and deposited in the Department of
Transportation Contract Review Fund. The moneys deposited into
the fund are continuously appropriated to the board for the
purposes of administering sections 1 to 7 of this 2009 Act. + }
SECTION 8. { + (1) Sections 1 to 7 of this 2009 Act become
operative on January 1, 2010.
(2) The Governor may appoint members of the Department of
Transportation Contract Review Board before January 1, 2010, and
may take any action before January 1, 2010, that is necessary to
enable the board to exercise, on and after January 1, 2010, the
duties, functions and powers conferred on the board by sections 1
to 7 of this 2009 Act. + }
SECTION 9. { + Sections 1 to 7 of this 2009 Act are repealed
on January 1, 2015. + }
SECTION 10. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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