2011 ORS § 659A.880¹
Ninety-day notice

(1) If a complaint filed under ORS 659A.820 (Complaints) alleges unlawful practices other than those unlawful practices described in ORS 659A.403 (Discrimination in place of public accommodation prohibited) and 659A.406 (Aiding or abetting certain discrimination prohibited), the Commissioner of the Bureau of Labor and Industries shall issue a 90-day notice to the complainant if the commissioner dismisses the complaint within one year after the filing of the complaint, and the dismissal is for any reason other than the fact that a civil action has been filed by the complainant.

(2) If the complaint filed under ORS 659A.820 (Complaints) alleges unlawful practices other than those unlawful practices described in ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.403 (Discrimination in place of public accommodation prohibited), 659A.406 (Aiding or abetting certain discrimination prohibited) and 659A.421 (Discrimination in selling, renting or leasing real property prohibited), the commissioner shall issue a 90-day notice to the complainant on or before the one-year anniversary of the filing of the complaint unless a 90-day notice has previously been issued under subsection (1) of this section or the matter has been resolved by the execution of a settlement agreement.

(3) A 90-day notice under this section must be in writing and must notify the complainant that a civil action against the respondent under ORS 659A.885 (Civil action) may be filed within 90 days after the date of mailing of the 90-day notice, and that any right to bring a civil action against the respondent under ORS 659A.885 (Civil action) will be lost if the action is not commenced within 90 days after the date of the mailing of the 90-day notice.

(4) This section does not apply to a complainant alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law. [2001 c.621 §14; 2008 c.36 §15]