BOLI´s Hearings Unit conducts contested proceedings on cases originating in the Wage and Hour and Civil Rights divisions. When an alleged violation of the laws is charged against an employer and not resolved, the case may be referred to the Hearings Unit. A BOLI staffperson called a "case presenter" is assigned to represent the agency and the employee(s) who make the complaint. About half of the cases referred to the Hearings Unit are settled by mutual consent of the parties resulting in a final order on informal disposition or are administratively closed for various reasons. The rest are set for hearing, a trial-like proceeding before an administrative law judge. The employer may be represented by an attorney or "authorized representative." After the hearing the administrative law judge issues a proposed order with findings of fact, conclusions of law, and an order either finding violation(s) or dismissing the case. The agency and employer may file written "exceptions" (arguments against the proposed order) which are taken into consideration when the final order is issued by the commissioner of BOLI. The commissioner´s final orders may be appealed to the Oregon Court of Appeals.
During the 2003-2004 fiscal year, the Hearings Unit had 181 open cases, including 78 new cases. Nineteen hearings were conducted and 15 Commissioner´s Final Orders were issued. Fifty-four final orders on informal disposition (representing settlements) were issued. Thirty-six cases were administratively closed due to private settlements or other factors.
If you are served with a BOLI Notice of Intent (Wage and Hour) or Formal Charges (Civil Rights) alleging that you violated the law, you must file an answer within the time period indicated on the notice, appear at the hearing, and follow all other deadlines and instructions issued by the Hearings Unit. If you have questions, contact BOLI at the number indicated on the documents you receive or call the Hearings Unit at (971) 673-0821 in Portland.
