(1) If the Commissioner of the Bureau of Labor and Industries issues a finding of substantial evidence under ORS 659A.835 (Investigation) and the matter cannot be settled through conference, conciliation and persuasion, or if the commissioner determines that the interest of justice requires that a hearing be held without first seeking settlement, the commissioner shall prepare formal charges. Formal charges must contain all information required for a notice under ORS 183.415 (Notice of right to hearing) and must specify the allegations of the complaint to which the respondent will be required to make response. Formal charges shall also set the time and place for hearing the formal charges.
(2)(a) The commissioner shall serve the formal charges on all respondents found to have engaged in the unlawful practice.
(b) If the formal charges allege a violation of ORS 659A.145 (Discrimination against person 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, the commissioner shall serve on the named respondents and complainants the formal charges and a notice of the right of the respondents and complainants under ORS 659A.870 (Election of remedies) to opt for a court trial instead of a hearing under ORS 659A.850 (Hearing). [2001 c.621 §7; 2007 c.903 §9]
Note: See second note under 659A.003 (Purpose of ORS chapter 659A).
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