Or. Admin. R. 808-004-0520 - Processing of Claim Submitted to Court, Arbitrator or Other Entity

(1) "Court, arbitrator or other entity" has the meaning given that phrase in Division 2 of this chapter.

(2) The agency may suspend processing a claim if:

(a) Either party transfers a claim to a court, arbitrator or other entity, to address the same facts and issues contained in the statement of claim filed against Respondent, including but not limited to suits based on breach of contract, negligence or incompetence, damages, a complaint for declaratory judgment, another complaint that arises from the contract or work that is the subject of the claim, and suits to foreclose a lien involving the same contract at issue in the claim; or

(b) The agency requires the claimant to submit the claim to a court of competent jurisdiction because the agency determined that a court is the appropriate forum for the adjudication of the claim due to the nature or complexity of the claim.

(3) If the agency suspends processing a claim under subsection (2) of this rule, the agency shall notify the claimant on the date it suspends processing the claim that processing has been suspended.

(4) Within 30 days of the date of final action by the court, arbitrator or other entity, the claimant shall deliver to the agency a certified copy of the final judgment; a copy of the arbitration award, or a copy of the decision by another entity, as well as copy of the complaint or other pleadings on which the judgment, award or decision was based.

(5) The agency shall accept a final judgment, award or decision of the court, arbitrator or other entity as stated in subsection (4) of this rule as the final determination of the merits of the claim, with respect to any and all issues from the claim addressed by the final judgment, award or decision if the final judgment, award or decision of the court, arbitrator or other entity includes individual monetary awards for claims timely filed with the Board; or

(6) If the claim meets all requirements of ORS 671.695 to ORS 671.703 and OAR 808, Division 004, and a final judgment, award or decision includes a requirement for the Respondent to pay the Claimant, such award, judgment or decision qualifies as a claim against the bond.

(7) If any issues from the claim are not addressed by the final judgment, award, or decision, the agency may resume processing the claim, with respect to those issues from the claim that are not addressed by the final judgment, award, or decision.

Notes

Or. Admin. R. 808-004-0520

LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; Renumbered from 808-010-0045; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f.; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LCB 1-2000, f. & cert. ef. 2-1-00; Renumbered from 808-004-0030; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 6-2003, f. & cert. ef. 10-1-03; LCB 1-2005, f. & cert. ef. 2-15-05; LCB 3-2006, f. & cert. ef. 8-2-06; LCB 6-2016, f. & cert. ef. 5/23/2016; LCB 9-2018, amend filed 11/21/2018, effective 12/1/2018

Statutory/Other Authority: ORS 183, 670.310 & 671.670

Statutes/Other Implemented: ORS 183.415, 183.460, 671.703& 671.575