OAR 812-004-1520
Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders

(1) Except for complaints initiated by wage claims filed with BOLI pursuant to Oregon Laws 2019, chapter 444, the agency may suspend processing a complaint if:
(a) The complainant or respondent submits to a court, arbitrator or BOLI a complaint based on the same facts and issues contained in the complaint filed with the agency; or
(b) The complainant in an owner complaint involving a residential structure submits copies of a notice of defect required under ORS 701.565 (Notice of defect requirement) and the registered mail receipt for the notice and the notice of defect relates to the same facts and issues contained in the complaint.
(2) Beginning six months after the date that the agency suspends processing the complaint and no less frequently than every sixth month thereafter, the complainant must deliver to the agency a written report describing the current status of the notice of defect or action before the court, arbitrator or BOLI.
(3) The agency may, at any time, demand from the complainant a written report describing the current status of the notice of defect or the action before the court, arbitrator or BOLI. The complainant must deliver a written response to the agency within 30 days from the date the agency mails the demand letter.
(4) Within 30 days from the date of final action by the court or BOLI, the complainant must deliver to the agency a certified copy of the final judgment or BOLI final order. The agency may extend the time in which to submit the final judgment or BOLI final order if it determines there is good cause to do so.
(5) If the complainant does not comply with sections (2), (3) or (4) of this rule, the agency may close the complaint under OAR 812-004-1260 (Closing a Complaint)(1)(i).
(6) If the agency suspends processing a complaint because respondent filed a court action, the complainant must file its complaint as a counter-suit, complaint or counter-claim in the court, arbitration or other proceedings and submit evidence, including a copy of the countersuit, complaint or counter claim, to the agency. The complainant must provide this information within 30 days from the date that the agency suspended processing the complaint, unless the agency determines there is good cause to extend the permissible time period.
(7) If the complainant does to submit the evidence required under subsection (6) of this rule, the agency may close the complaint.
(8) At its discretion and with the agreement of the complainant and respondent, the agency may hold an on-site meeting under OAR 812-004-1450 (On-site Meeting and Telephone Mediation; Attendance of the Complainant) before suspending complaint processing under section (2) of this rule if the agency finds that an on-site meeting may help the parties to resolve the complaint.

Source: Rule 812-004-1520 — Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=812-004-1520.

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 812-004-1520’s source at or​.us