1. (1) Prior eligibility of a construction carve-out program may be suspended or revoked if any of the following occur:

   1. (a) The director finds a serious danger to the public health or safety;
   2. (b) The construction carve-out program fails to provide services under the terms of the collective bargaining agreement;
   3. (c) The employer, or group of employers, collective bargaining representative, and/or insurer fails to comply with ORS Chapter 656, OAR 436-140, or orders of the director; or
   4. (d) The employer, or group of employers, collective bargaining representative, and/or insurer submits any false or misleading information pertaining to the eligibility.

2. (2) The director shall provide written notice of intent to suspend or revoke eligibility.

   1. (a) The notice shall:

      1. (A) Describe generally the acts and the circumstances that would be grounds for suspension or revocation; and
      2. (B) Advise of the right to a hearing in the case of revocation; and the date, time and place of the hearing in the case of suspension.
   2. (b) The notice shall be served as provided in OAR 436-140-0130.
3. (3) The hearing shall be conducted as provided in OAR 436-140-0008.
4. (4) Suspension or revocation shall have the effect of removing director approval and eligibility of the construction carve-out program. A revoked program will have to re-apply for director approval and a letter of eligibility to be effective.
5. (5) Notwithstanding any other provision of this rule, in any case where the director finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the director may immediately revoke the eligibility of a construction carve-out program without opportunity for a hearing. The order must be served upon the employer and/or collective bargaining representative as provided in OAR 436-140-0130. Such order shall be final, unless the parties request a hearing. The process for review shall be as provided in OAR 436-140-0008.

Statutory/Other Authority

ORS 656.726(4) & 656.174

Statutes/Other Implemented

ORS 656.170, 656.172 & 656.174

History

WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00