arbitrator or other entity" has the meaning given that phrase in Division 2 of
The agency may
suspend processing a claim if:
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
(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.
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
671.695 to ORS
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.
Or. Admin. R.
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;
6-2016, f. & cert. ef.
9-2018, amend filed 11/21/2018, effective
Statutory/Other Authority: ORS 183, 670.310 &
Statutes/Other Implemented: ORS