1. (1) Issuance of noncomplying employer order. If the director determines that a person has engaged as a subject employer without qualifying as a carrier-insured employer or a self-insured employer as provided in ORS 656.017 and 656.407, the director will issue a noncomplying employer order.

2. (2) Request for hearing. An employer may contest a noncomplying employer order by requesting a hearing under ORS 656.740, subject to the following:

   1. (a) The request for hearing must be made in writing;
   2. (b) The request must specify the grounds upon which the employer contests the order;
   3. (c) The request must be filed with the director within 60 calendar days after the mailing date of the order; and
   4. (d) OAR 436-001-0030(2) through (5) apply to hearings requested under this section.
3. (3) Proceedings to enjoin a noncomplying employer. The director may request the Department of Justice to commence proceedings to enjoin a noncomplying employer that does not request a hearing within the timeframe specified under subsection (2)(c) of this rule from employing subject workers without complying with ORS 656.017.

Statutory/Other Authority

ORS 656.726

Statutes/Other Implemented

ORS 656.017, 656.052, 656.735, 656.407 & 656.740

History

WCD 4-2019, minor correction filed 05/24/2019, effective 05/24/2019
WCD 20-2018, amend filed 11/15/2018, effective 01/01/2019
WCD 12-2003, f. 12-4-03, cert. ef. 1-1-04
WCD 1-1996, f. 1-3-96, cert. ef. 1-5-96
WCD 26-1990, f. 11-29-90, cert. ef. 12-26-90
WCD 5-1978, f. 3-31-78, cert. ef. 4-1-78, Renumbered from 436-052-0015
WCB 15-1975, f. 9-22-75, cert. ef. 10-11-75
WCB 4-1974, f. 2-13-84, cert. ef. 3-11-74
WCB 4-1973(Temp), f. & cert. ef. 12-6-73
WCB 10-1970, f. & cert. ef. 7-24-70