OAR 812-004-1260
Closing a Complaint

(1)

The agency may close a complaint because:

(a)

The complainant did not act in response to a request from the agency;

(b)

The complaint is not the type of complaint that the agency has jurisdiction to determine under ORS 701.140 (Types of allowable complaints);

(c)

The complaint was not filed within the time allowed under ORS 701.143 (Requirement for timely filing of complaints);

(d)

The complainant failed to pay the complaint processing fee as required under OAR 812-004-1110 (Complaint Processing Fee; Waiver of Fee) and 812-004-1400 (Initial Administrative Processing of Complaints; Collection of Fee);

(e)

The complaint contains a mediation or arbitration agreement that the complainant has not waived;

(f)

The complainant does not comply with the on-site meeting requirements as provided in OAR 812-004-1450 (On-site Meeting and Telephone Mediation; Attendance of the Complainant)(2);

(g)

The complainant and respondent settle the complaint as provided in OAR 812-004-1500 (Closure of Complaint After Settlement);

(h)

The complainant does not, within 30 days of the date of completion of the settlement agreement, notify the agency whether the terms of the settlement agreement have been fulfilled;

(i)

The complainant fails to provide documents to the agency as required by OAR 812-004-1520 (Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders); or

(j)

The agency does not timely receive evidence of a stay or counter-suit on a construction lien complaint, as provided in OAR 812-004-1530 (Construction Lien Complaints).

(2)

The agency may close a complaint under section (1) of this rule if the agency notifies the complainant that complainant must provide information or that complainant must comply with an agency rule and that:

(a)

Failing to respond to the agency’s request may result in closing the complaint; and

(b)

Closing the complaint will prevent access to the bond, letter of credit or cash deposit.

(3)

The agency may not close the complaint sooner than 14 days after giving the notice required in subsection (2) of this rule.

(4)

The agency may, within 60 days after closing a complaint, reopen a complaint closed under section (1) of this rule if the complainant did not comply with the agency’s request or failed to comply with an agency rule due to excusable neglect by the complainant. The agency may reopen the complaint after receiving evidence supporting reopening the complaint.

(5)

The agency’s determination to close a complaint is an order in other than a contested case.

(6)

The agency’s determination to close a complaint is subject to judicial review under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(7)

A party must file a motion for reconsideration of the agency’s determination to close a complaint before seeking judicial review of the order.

Source: Rule 812-004-1260 — Closing a Complaint, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=812-004-1260.

812‑004‑1001
Application of Rules 812‑004‑1110
Complaint Processing Fee 812‑004‑1120
Liability of Licensee 812‑004‑1140
Liability of Contractor for Complaint Related to Contractor’s Property 812‑004‑1160
Establishment of Co-Complainant 812‑004‑1180
Complainant’s Responsibility to Pursue Complaint 812‑004‑1195
Exhibits 812‑004‑1210
Address of Complainant and Respondent 812‑004‑1240
Exhaustion of Surety Bond, Letter of Credit or Cash Deposit 812‑004‑1250
Payments From the Bond for Court Costs, Complaint Processing Fee, Interest and Other Costs 812‑004‑1260
Closing a Complaint 812‑004‑1300
Filing Date of Complaint 812‑004‑1320
Jurisdictional Requirements 812‑004‑1340
Form of Complaints, Pre-Complaint Notice 812‑004‑1350
Procedure if Information on Complaint Form is Incomplete 812‑004‑1360
Addition of Complaint Items at On-Site Meeting 812‑004‑1400
Initial Administrative Processing of Complaints 812‑004‑1420
Processing Owner and Primary Contractor Complaints Together 812‑004‑1440
Contracts With Arbitration Agreements 812‑004‑1450
On-site Meeting and Telephone Mediation 812‑004‑1460
Agency Recommendation of Resolution 812‑004‑1480
Resolution by Settlement and Construction of Settlement Agreement 812‑004‑1490
Subsequent On-Site Meetings 812‑004‑1500
Closure of Complaint After Settlement 812‑004‑1505
Complaint Not Settled 812‑004‑1510
Court Judgments, Arbitration Awards and Bureau of Labor and Industries Final Orders 812‑004‑1520
Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders 812‑004‑1530
Construction Lien Complaints 812‑004‑1537
Standards of Care and Workmanship 812‑004‑1600
Payment From Surety Bond, Letter of Credit or Cash Deposit
Last Updated

Jun. 8, 2021

Rule 812-004-1260’s source at or​.us