If a claim is received that is based upon a contract that
contains an agreement by the parties to mediate or arbitrate disputes arising
out of the contract, the specific terms of the mediation or arbitration
agreement supersede agency rules except as provided in this rule. Unless the
contract requires mediation or arbitration by the agency, the agency will take
the following action:
(1) The agency
shall inform the claimant by written notice that the agency will not accept the
claim unless it receives, within 60 days of the date of the notice:
(a) A written waiver of mediation or
arbitration under the contract signed by the claimant and respondent;
(b) Documentation showing that the claimant
or respondent initiated mediation under the contract to resolve the same facts
and issues raised in the claim and the mediation failed; or
(c) Documentation showing the claimant or
Respondent has already initiated mediation or arbitration under the
contract.
(2) The agency
may accept a claim, but will suspend processing of the claim if respondent or
claimant has initiated mediation or arbitration under the contract, until
arbitration or the mediation process is complete.
(3) The agency will not accept claims based
on a contract that includes a requirement of binding arbitration unless the
claimant provides a written waiver or arbitration signed by the claimant and
respondent.
Notes
Or. Admin. R.
808-004-0440
LCB 1-2000, f. & cert.
ef. 2-1-00; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 2-2003, f. 1-31-03,
cert. ef. 2-1-03; LCB 1-2005, f. & cert. ef. 2-15-05;
LCB
6-2016, f. & cert. ef.
5/23/2016
Stat. Auth.: ORS 183,
670.310 &
671.670
Stats. Implemented: ORS
671.703
