OAR 436-080-0010
Issuance of Noncomplying Employer Order; Requests for Hearing

(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 (Employer required to pay compensation and perform other duties) and 656.407 (Qualifications of insured employers), the director will issue a noncomplying employer order.
(2) Request for hearing. An employer may contest a noncomplying employer order by requesting a hearing under ORS 656.740 (Review of proposed order declaring noncomplying employer or nonsubjectivity determination), subject to the following:
(a) The request for hearing must be made in writing;
(b) The request must specify the grounds upon which the employer contests the order;
(c) The request must be filed with the director within 60 calendar days after the mailing date of the order; and
(d) OAR 436-001-0030 (Role of the Workers’ Compensation Division)(2) through (5) apply to hearings requested under this section.
(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 (Employer required to pay compensation and perform other duties).

Source: Rule 436-080-0010 — Issuance of Noncomplying Employer Order; Requests for Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-080-0010.

Last Updated

Jun. 8, 2021

Rule 436-080-0010’s source at or​.us