OAR 839-050-0450
Proceedings on Apprenticeship and Training Division Hearings

(1) This rule sets forth the procedures used in a proceeding to show cause requested pursuant to OAR 839-011-0093 (Apprenticeship and Training Committees — Disciplinary Procedure)(5).
(2) Proceedings on apprenticeship and training committee disciplinary procedures are governed by the procedures set forth in OAR 839-050-0000 (Statement of Purpose) to 839-050-0430 (Final Order by Default), except to the extent those procedures are modified by this rule. References to the commissioner in OAR 839-050-0000 (Statement of Purpose) to 839-050-0430 (Final Order by Default) will be deemed to refer to the Council, unless the context requires otherwise. References to Agency will be deemed to refer to the Division, unless the context requires otherwise.
(3) The following definitions apply to this rule:
(a) “Council” means the Oregon State Apprenticeship and Training Council.
(b) “Determination” means a determination issued by the Council under the provisions of OAR 839-011-0093 (Apprenticeship and Training Committees — Disciplinary Procedure)(5).
(c) “Director” means the individual who serves as council secretary and is responsible for the administration of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents), including supervision of all office and field staff.
(d) “Division” means the Apprenticeship and Training Division of the Bureau of Labor and Industries.
(e) “Local Committee” means any registered joint or trades apprenticeship or training committee approved by the Council.
(f) “Registered Apprenticeship Program” means a local committee approved by the Council to operate an apprenticeship or training program in a specific occupation.
(g) “Registered Pre-Apprenticeship Program” means a training program approved by the Council that prepares individuals for acceptance into a registered apprenticeship program.
(h) “Standards” means a written agreement submitted by a local committee and approved by the Council, which sets forth a plan containing all terms and conditions for the qualification, employment and training of apprentices or trainees as set forth in ORS chapter 660.126 (Apprenticeship standards) and 660.137 (Duties of local apprenticeship and training programs).
(i) “Training Agent” means an employer or organization approved by a local committee to employ and train apprentices and registered with the Division.
(4) When the Director of the Division has issued a referral for a determination and the training agent or local committee requests a hearing, an Administrative Law Judge will be assigned to hear the case and the Contested Case Coordinator will issue a Notice of Hearing on behalf of the Forum to the party that meets the requirements of OAR 839-050-0080 (Notice of Hearing)(4). Information on contested case proceedings will be provided as required by OAR 839-050-0100 (Information for Contested Case Hearings).
(5) In lieu of OAR 839-050-0210 (Case Summary) and in addition to OAR 839-050-0260 (Evidence), no later than 14 calendar days before the hearing date:
(a) The training agent or local committee will file a written statement identifying all of the party’s reasons for contesting the determination, along with all supporting exhibits the party intends to offer at hearing; and
(b) The Agency will file copies of all materials considered during the course of its investigation conducted under OAR 839-011-0093 (Apprenticeship and Training Committees — Disciplinary Procedure)(1)–(4), including any complaint or compliance review that prompted the investigation, a copy of the Agency’s determination, and copies of any post-determination compliance efforts or proposed corrective action plans. The Agency will mark these materials and the Agency’s determination for identification in the manner set forth in 839-050-0270 (Exhibits).
(c) Each party to the proceeding will file written statements containing the names of all persons they propose to call as witnesses at the hearing, along with a statement of how each person’s testimony will help the Administrative Law Judge understand the materials provided by the requester under OAR 839-011-0093 (Apprenticeship and Training Committees — Disciplinary Procedure)(1)–(4) or the reasons for the Agency’s referral for a determination or is otherwise relevant or material to the proceeding.
(6) The statement, materials, and Agency determination filed pursuant to section (5) of this rule may be received into the record as exhibits.
(7) After reviewing the materials and statements filed pursuant to sections (5) and (6) of this rule, the Administrative Law Judge may issue an interim order finding that the testimony of any proposed witness is irrelevant, immaterial, or unduly repetitious and disallowing the proposed testimony. The Administrative Law Judge may also request that the party or Agency bring additional witnesses to the hearing.
(8) OAR 839-050-0260 (Evidence) shall generally apply to the conduct of the hearing. At hearing, the Agency, as proponent of its determination, will first present evidence in support of its determination. The party will then have an opportunity to explain the reasons that the party contests the determination and to rebut the Agency’s evidence. The Agency may then present evidence to rebut evidence presented by the party.
(9) Motions authorized under OAR 839-050-0150 (Motions)(1), (4), (6), (9), (11), and (12) may not be filed in proceedings conducted under this rule.
(10) After the conclusion of the hearing, the Administrative Law Judge will issue a proposed order, if a proposed order is required under OAR 137-003-0060 (Proposed Orders in Contested Cases, Filing Exceptions), and the Council will issue a final order on the determination consistent with the requirements of OAR 839-050-0420 (Final Order) and OAR 839-011-0093 (Apprenticeship and Training Committees — Disciplinary Procedure)(5).

Source: Rule 839-050-0450 — Proceedings on Apprenticeship and Training Division Hearings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0450.

839‑050‑0000
Statement of Purpose 839‑050‑0010
Model Rules of Procedure 839‑050‑0020
Definitions 839‑050‑0030
Service of Documents 839‑050‑0040
Filing of Documents with the Contested Case Coordinator 839‑050‑0050
Timeliness 839‑050‑0060
Charging Documents 839‑050‑0070
Request for a Contested Case Hearing 839‑050‑0080
Notice of Hearing 839‑050‑0090
Location of Contested Case Hearings 839‑050‑0100
Information for Contested Case Hearings 839‑050‑0110
Representation of a Party in a Contested Case Proceeding 839‑050‑0120
Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding 839‑050‑0130
Responsive Pleadings 839‑050‑0140
Amendments 839‑050‑0150
Motions 839‑050‑0160
Disqualification of Administrative Law Judge 839‑050‑0170
Joinder of Parties, Claimants, Complainants, or Aggrieved Persons 839‑050‑0190
Consolidation of Contested Case Proceedings 839‑050‑0200
Discovery 839‑050‑0210
Case Summary 839‑050‑0220
Informal Disposition of Contested Case 839‑050‑0230
Authority of the Administrative Prosecutor 839‑050‑0240
Responsibilities of the Administrative Law Judge 839‑050‑0250
Conduct of Hearings 839‑050‑0255
Telephone Hearings 839‑050‑0260
Evidence 839‑050‑0270
Exhibits 839‑050‑0280
Stipulation 839‑050‑0290
Witnesses 839‑050‑0300
Interpreters and Assistive Communication Devices 839‑050‑0310
Ex Parte Communications 839‑050‑0320
Official Notice 839‑050‑0330
Default 839‑050‑0340
Relief from Default 839‑050‑0350
Record of Proceeding 839‑050‑0360
Post-Hearing Briefs 839‑050‑0370
Proposed Orders 839‑050‑0380
Exceptions to Proposed Order 839‑050‑0400
Agency Policy 839‑050‑0410
Reopening the Contested Case Record 839‑050‑0420
Final Order 839‑050‑0430
Final Order by Default 839‑050‑0445
Proceedings on Prevailing Wage Rate Determinations 839‑050‑0450
Proceedings on Apprenticeship and Training Division Hearings
Last Updated

Jun. 8, 2021

Rule 839-050-0450’s source at or​.us