Or. Admin. Code § 436-140-0090

Current through Register Vol. 63, No. 10, October 1, 2024

Section 436-140-0090 - Suspension or Revocation

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

(a) The director finds a serious danger to the public health or safety;

(b) The construction carve-out program fails to provide services under the terms of the collective bargaining agreement;

(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

(d) The employer, or group of employers, collective bargaining representative, and/or insurer submits any false or misleading information pertaining to the eligibility.

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

(a) The notice shall:

(A) Describe generally the acts and the circumstances that would be grounds for suspension or revocation; and

(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.

(b) The notice shall be served as provided in OAR 436-140-0130.

(3) The hearing shall be conducted as provided in OAR 436-140-0008.

(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) 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.

Or. Admin. Code § 436-140-0090

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

Stat. Auth.: ORS 656.726(4) & ORS 656.174

Stats. Implemented: ORS 656.170, ORS 656.172 & ORS 656.174