OAR 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 (Workers’ Compensation), 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 (Service of Orders).(3)
The hearing shall be conducted as provided in OAR 436-140-0008 (Administrative Review).(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 (Service of Orders). Such order shall be final, unless the parties request a hearing. The process for review shall be as provided in OAR 436-140-0008 (Administrative Review).
Source:
Rule 436-140-0090 — Suspension or Revocation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=436-140-0090.