2011 ORS § 656.440¹
Notice of certificate revocation
  • appeal
  • effective date

(1) Before revocation of certification under ORS 656.434 (Certification effective until canceled or revoked) becomes effective, the Director of the Department of Consumer and Business Services shall give the employer notice that the certification will be revoked stating the grounds for the revocation. The notice shall be served on the employer in the manner provided by ORS 656.427 (Termination of workers compensation insurance contract or surety bond liability by insurer) (4). The revocation shall become effective within 10 days after receipt of such notice by the employer unless within such period of time the employer corrects the grounds for the revocation or appeals in writing to the director. The director shall refer the request for hearing to the Workers Compensation Board for a hearing before an Administrative Law Judge.

(2) If the employer appeals, the Hearings Division of the Workers Compensation Board under ORS 656.283 (Hearing rights and procedure) shall set a date for a hearing, which date shall be within 30 days after receiving the appeal request, and shall give the employer at least five days notice of the time and place of the hearing. A record of the hearing shall be kept but it need not be transcribed unless requested by the employer. The cost of transcription shall be charged to the employer. Within 10 days after the hearing, the Administrative Law Judge shall either affirm or disaffirm the revocation and give the employer written notice thereof by registered or certified mail.

(3) If revocation is affirmed on review by the Administrative Law Judge, the revocation is effective five days after the employer receives notice of the affirmance unless within such period of time the employer corrects the grounds for the revocation or petitions for judicial review of the affirmance pursuant to ORS 183.480 (Judicial review of agency orders) to 183.497 (Awarding costs and attorney fees when finding for petitioner).

(4) If the revocation is affirmed following judicial review, the revocation is effective five days after entry of the final judgment of affirmance, unless within such period the employer corrects the grounds for the revocation. [1975 c.556 §35; 1977 c.804 §15; 2003 c.576 §530; 2005 c.26 §14; 2007 c.241 §30]