Or. Admin. R. 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, 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.
(3) The hearing shall be conducted
as provided in OAR 436-140-0008.
(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. Such order shall
be final, unless the parties request a hearing. The process for review shall be
as provided in OAR 436-140-0008.
Notes
Stat. Auth.: ORS 656.726(4) & ORS 656.174
Stats. Implemented: ORS 656.170, ORS 656.172 & ORS 656.174
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