BEFORE THE COMMISSIONER (OF THE BUREAU OF LABOR AND INDUSTRIES (OF THE STATE OF OREGON In the Mattor of panes LEGACY GOOD SAMARITAN HOSPITAL AND MEDICAL CENTER | NOTICE OF INTENT TO ASSESS CIVIL PENALTIES. Respondent To: Legacy Good Samaritan Hospital and Medical Center 1015 NW 22° Avenue Portland, OR 97210 Robert E. Dewitt Registered Agent Legacy Good Samaritan 1919 NW Lovejoy Street Portland, OR 87209 ‘THIS WILL NOTIFY YOU that, pursuant to ORS 653.256(1), and OAR €39-020- 1000 through 839-020-1020, the Commissioner of the Bureau of Labor and Industries (Commissioner) intends to assess civil penalties against LEGACY GOOD SAMARITAN HOSPITAL AND MEDICAL CENTER (‘Respondent’) in the aggregate amount of $2,337,000.00. This action will take place twenty (20) days from the date this Notice is ‘served unless a hearing is requested within the time provided in this Notice. JURISDICTION: 4 The allegations are within the jurisdiction ofthe Bureau of Labor and Industries (BOLI: specifically, ORS 653.261(1) and OAR 839-020-0050(1), (2), and (6) pertaining to meal and rest period requirements. NOTICE OF INTENT TO ASSESS PENALTIES ~ Case No, 85-18,‘At all times. material, Respondent “employed” workers. pursuant to ORS 659.010(2) and was an “employer” pursuant to ORS 653.010(3) within the state of Oregon RESPONDENT'S IDENTITY 2 Respondent is an active Domestic Nonprofit Corporation with a principal place of businoss listed as 1015 NW 22" Ave, Pottand, OR 97210. Respondent registered with the Oregon Corporation Division on January 22, 1891. Robert E. Dewitt is listed as Respondent's Registered Agent and George Brown is listed as Respondent's President. THE BASES FOR ASSESSMENT OF CIVIL. PENALTIES: 3. Will failure to provide appropriate meal periods. During the period January 1, 2017 through March 31, 2017 Respondent failed to provide appropriate meal periods on 879 (eight hundred and seventy-nine) occasions as listed in Exiibit A in violation of ORS 653.261(1) and OAR 839-020-0050(2)(a). Respondent's violations were wilful because Respondent knew or should have known about minimum meal period requirements and falled to comply with the law. CIVIL PENALTY of $879,000.00. Eight hundred and seventy-nine (879) violations at $1,000.00 per violation. ORS 659,256(1), OAR 839-020-1000, OAR 839-020-1010(1){) and OAR &39-020-1020(1) 4 Will failure to provide appropriate meal periods. In the SW Labor and Delivery Department, during the period July 1, 2017 to September 30, 2017 Respondent failed to provide appropriate meal periods on 1347 (one thousand three hundred forty-seven) NOTICE OF INTENT TO ASSESS PENALTIES ~ Case No. 88-1810 " 2 18 4 15 16 7 8 19 20 a 2 2a 24 2 ‘occasions as listed in Exhibit B in violation of ORS 653.264(1) and OAR 639-020- (0050(2)(a). Respondent’ violations were wilful because Respondent knew or should have known about minimum meal period requirements and failed to comply with the law. CIVIL PENALTY of $1,847,000.00. One thousand three hundred forty-seven (1.347) violations at $1,000.00 per violation. ORS 653.266(1), OAR 639-020-1000, ‘OAR 839-020-1010(1)G) and OAR 899-020-1020(1) 6. Will falure to provide appropriate rest periods. During the period January 4 2017 through March 31, 2017, Respondent failed to provide appropriate rest periods to the forty-one (41) employees listed in Exhibit A in violation of ORS 653.261(1) and OAR: £838-020-0050(2)(a). Respondent's violations were wilful because Respondent knew or should have known about minimum rest period requirements and faied to comply with the law. CIVIL PENALTY of $41,000.00. Fory-one (41) violations at $1,000.00 per Violation. ORS 653.256(1), OAR 839-020-1000, OAR 839.020-1010(1)() and OAR 839-020-1020(1). 5 Wl falure to provide appropriate rest periods. In the SW Labor and Delivery Department, during the period July 1, 2017 to September 30, 2017, Respondent failed to provide appropriate rest periods to the seventy (70) employees listed in Exhibit 8 in violation of ORS 653.261(1) and OAR 839-020-0050(2)(a). Respondent's violations wore wilful because Respondent knew or should have known about minimum rest peetiod requirements and failed to comply with the law. CIVIL PENALTY of $70,000.00. NOTICE OF INTENT TO ASSESS PENALTIES - Case No. 88-18Seventy (70) violations at $1,000.00 per violation. ORS 653.256(1), OAR 839.020- 1000, OAR 839-020-1010(1}() and OAR 839-020-1020(1). 6. ‘Agaravating Factors: The violations set forth above are attended by one or more of the following aggravating circumstances, which have been considered pursuant to ‘OAR 839-020-1020(1) in determining the amount of the civil penal: (a) the Agency has received numerous complaints regarding Respondents failure to provide appropriate rest and meal periods; (b) Respondent has been apprised of these ‘complaints but has failed to prevent further violations; (c) the seriousness and ‘magnitude of these violations is great because they impact many employees wino often work long shifts without receiving adequate meal and rest periods; (d) Respondent knew or should have known of the meal and rest period requirements; (e) Respondent had the opportunity and it would not have been dificult to comply with the law; and (5) Respondent's failure to comply with the law has resuited in the loss of employees’ substantive rights, CONTESTED CASE RIGHTS AND RESPONSIBILITIES Respondent is entiled to a contested case hearing before the Commissioner or @ designated representative, as provided by the Administrative Procedures Act, ORS Chapter 183. Oregon law provides that all corporations, ‘orporated associations, partnerships, limited iabifly companies and goverment agencies MUST be represented either by an attomey or by an “authorized representative” at all stages of the hearing, including the fing of an answer and request for hearing. ORS 9.320 and 183.457, OAR 839-050-0110. OAR 839.050.0110 sets forth this requirement and NOTICE OF INTENT TO ASSESS PENALTIES - Case No, 8818 ‘defines who may appear as an authorized representative. If you desire a hearing, you must notify the Commissioner in writing that you request a hearing viin 20 days of the date you receive this notice or the date it was mailed to you, whichever is earlier. FAILURE TO MAKE A WRITTEN REQUEST TO THE COMMISSIONER FOR A CONTESTED CASE HEARING WITHIN THE TIME SPECIFIED SHALL CONSTITUTE AWAIVER OF YOUR RIGHT TO A CONTESTED CASE HEARING, UNLESS YOUR WRITTEN REQUEST FOR A CONTESTED CASE HEARING IS RECEIVED BY THE COMMISSIONER WITHIN THE TIME SPECIFIED, THIS NOTICE SHALL BECOME A FINAL ORDER IMMEDIATELY. IF YOU DO NOT FILE AN ANSWER AND REQUEST ‘AHEARING WITHIN THE TIME SPECIFIED, OR IF YOU MAKE A TIMELY REQUEST FOR HEARING BUT LATER WITHDRAW THAT REQUEST, THE AGENCY'S FILE WILL BE DESIGNATED AS THE RECORD OF THE CASE AND NO HEARING WILL BE HELD. IF YOU FILE AN ANSWER AND A REQUEST FOR HEARING, BUT LATER NOTIFY THE AGENCY OR THE HEARINGS UNIT THAT YOU WILL NOT APPEAR AT THE TIME AND PLACE SPECIFIED FOR HEARING, OR, WITHOUT SUCH NOTIFICATION, FAIL TO APPEAR AT HEARING, THE AGENCY'S FILE WILL AUTOMATICALLY BECOME PART OF THE CONTESTED CASE RECORD FOR THE PURPOSE OF PROVING A PRIMA FACIE CASE AND THE FINAL ORDER WILL BE BASED ON THE AGENCY'S FILE AND YOUR ANSWER. if you request a hearing, such request must also include a writen "answer" to the factual determinations stated in this notice. Such written answer must include an admission or denial of each factual allegation contained herein, and shall affirmatively NOTICE OF INTENT TO ASSESS PENALTIES ~ Case No, 68-18, §" 2 18 “ 18 16 7 18 19 20 a 22 2 2 2 allege a short and plain statement of each affimative defense which the Respondent will assert at the contested case hearing Except for good cause, the factual determinations set out in tis Notice and not denied in the answer shall be deemed admitted; fase to raise an alfimative defense shall be deemed a waiver of such affimative defense; any afimative defense alleged in the answer shall be deemed denied by the Commissioner ofthe Bureau of Labor and Industries without necessity of further pleading: evidence shall not be taken on any factual or legal issue not raised inthis Notice or the Respondent's answer. LUpon receipt of your request for a contested case hearing, the Commissioner wl notiy you of the time and place forthe hearing. Before the commencement of the hearing, you will be given more information on the procedures, right of representation and other information concerning the rights ofa party relating to and ina contested case heating, as required by ORS 183.4132) Dated this Sth day of September, 2018 Brad Avakian, Commissioner BUREAU OF LABOR AND INDUSTRIES GePip TArore Gerhard Taeubel, Administrator ‘Wage and Hour Division ANY REQUEST FOR A HEARING MUST BE IN WRITING AND MUST BE DIRECTED To: Diane Anicker Contested Case Coordinator Bureau of Labor and Industries 800 NE Oregon St Ste 1045 Porttand, OR 97232-3601 NOTICE OF INTENT TO ASSESS PENALTIES — Case No. 86-18, °‘Piste Exhibit A Page 1 of 1erad-a0te23 | “28 minutes | Tog | Ting-tate lest eoaznar “fen ttas comer ‘afr at Legacy Good Sam #68-18 Exhibit B page 1__fenolvee me Sifne seep ute Tez | WoatPaod | Hes Pros Legacy Good Sam #88-18 Exhibit B page 2BEFORE THE COMMISSIONER (OF THE BUREAU OF LABOR AND INDUSTRIES. (OF THE STATE OF OREGON (CERTIFICATE OF SERVICE HEREBY CERTIFY THAT I SERVED A COPY OF THE ATTACHED: NOTICE OF INTENT TO ASSESS CIVIL PENALTIES Inthe Mater of LEGACY GOOD SAMARITAN HOSPITAL AND MEDICAL CENTER, FILE #: 88-18 [BY HAND DELIVERING OR PLACING IT IN INTERNAL STATE MAIL SERVICES TO EACH PERSON "AT THE ADDRESS LISTED BELOW: Aariana Ortega ‘Administrative Prosecutor ‘Bureau of Labor and Industries 1045 State Office Building ‘800 NE Oregon Street Porttand, OR 97232 971-873-0801 jerhiard Taoubel, Wage & Hour Division Administrator Bureau of Labor and Industries | 1045 State Office Building £800 NE Oregon Street Portland, OR 97232 AND BY PREPARING AND PLACING IT IN THE OUTGOING BUREAU OF LABOR AND INDUSTRIES MAIL TO EACH PERSON OR ENTITY AT THE ADDRESSES LISTED BELOW: Legacy Good Samaritan Hospital & Medical Center 1015 NW 22nd Avenue Portland, OR 97210 via Regular & Certified Mail Certified Mail # 7018 0680 0002 1506 1283 Robert E, Dewi Registered Agent Legacy Good Samaritan 1919 NW Lovejoy Street Portland, OR 97209 via Regular & Certified Mail Certified Mail # 7018 0680 0002 1506 1200 On Tuesday, September 5, 2018 Diane M_ Aricker, Contested Case Coordinator, Bureau of Labor and Industios, 671-673-0865oy regon Bureau of Labor and industries ‘commissioner ‘Warning! Enclosed are Important documents concerning your legal rights and responst- biltles. You may need to tespond to these documents within a limited time. Ifyou do not read English, you should have a qualified person interpret them for you as Soon as possible {Engish) {Avisol Adjuntos encontraré documentos importantes sobre sus derechos legales y ‘obligaciones. Es posible que tenga que responder a estos documentos dentro de un plazb limitado. Sino puedo Toor los documentos en inglés, deborta nacer quo una persona apta se los traduzca lo antes posible. (Spanish) Busacaune! Buyrpu conepacatcs vaccine Oxysentot OT#OCHTEZNO HANK SaKOHNEK Mpa oGaimocrel. Bossi, "TO OTHET Ha NOCIaNBse Han NORE: Gye ORNATE ‘rowenitorpatuetcaaro npeatest Heit Bu ie wiraere no-auten, ro mise cneNeT octo.msonarses, Kix MORENO exOpee, YET TaMeH KONMETERTHOTO ZN UC NepENKNA THK HORYMEATOR [Rsson} ‘Law & | Dinh kém heo ay I hg in quan tong lin quan dn quyn iv tech nibigm vé php 1 ea qu vi. Qu vie thé phi 1 nhtng 6 9 nay trong mde pian gi han. NB qu vi khong doe dupe ting An, qu w phi o6 mot ngudi di wanh 4 deh nig sity 18 my cho qu vi cing sm cing tt (Metnanese} nana putasarussdonehyunssicnonnrsionddfiagamnegogtmoy eon * gran (pica sananesgounom tn cuenninns + vgrisiamsmartabugere yogagsiaiens ugeanunaneuncqgnasanin [eambodian) ER | SoA SESAME +f BE ERD PAPEL © SURI MESRNRAESE + PRR ASE HE BERD © {orinese) AnH! SA AFSS AAS WA Aa Bea Be sag Redue. Aah IS Aol AA SSS VF AL uel se] Poe ea Ge Meet Hevt BA clas ROS WSs, Nala LSS MA SF ME ANE hee GME AZT ol Jo] eee eye. Keni ‘ratiou: concruiinearthcorcaritiiuigohutedrgfomrescceouRisoesacagi oven Fogniwonsannninthnutucconiintnl, fuimcuunerighoili, vouconaniibeo us usgatniatdonliatennectat. rorstano ony soca fot “nee A Re tomar Aap ee ihe sorsgitos tye ooghemaae phe ae oe venga a gor piparnesst Tapes AN EQUAL OPPORTUNITY EMPLOYER 2Dignint Wana a soca war mobi ah ofa xoguogdsads sary vaajbaadkaaga. Wasay aay in aad wargadahan kaa so javabiowakhtzakooban eo ‘qabtay. Haddii sadan akhriyi karin Ingiriisiga, waa in aad sida ugu dhakhsaha badan u haysatas {oF hibrd Ih o hn ume. {Sonat} Asia oa le Ayn cl Se iy 8 Ai (SB suns pha ly Xe in De Se HO ea De ait Lyi cil Sule gig Ay lel Al Sol Qgand Y iS OS} Sayan 4a 5A geet sine hy a fl gh SI cat oh op jine (arbi aod eorabormbpp al ancoin po maf paf coiEag mon eS eng cBaaxi bdaigh 0 sxoororsfneliavogs sEurgcbeninbapsci0d 604 EGG FoBPEngy Esai GcBacilln magha totam fay fife conf fos ooo [Burmese]FILING AN At “OR HEARING. ‘THROUGH AN AUTHORIZED REPRESENTATIVE, Partnerships, corporations, limiled lability companies (LLCs), unincorporated associations, and ‘governmental agencies may choose to be represented by an “authorized representative’ at a BOLI ‘contested case hearing. An authorized representative must be a member of a partnership, or an authorized officer or regular employee of @ Respondent corporation, LLC, unincorporated associations, oF governmental agency. Respondents who choose to be represented by an authorized representative must provide written authorization for the authorized representative to appear on their behalf. This writen authorization must be provided when an answer and request for hearing is fled. ‘OAR 839-050-0110, Respondent(s) can satisfy this writen authorization requiement by completing the appropriate form below and returning itwith their answer and request for hearing. ~~ AUTHORIZED REPRESENTATIVE STATEMENT FOR PARTNERSHIPS A am a member of a partnership named print namay asa Respondent in BOL! case number and am hereby authorized to represent Respondent as iis authorized representaiive in tis contested case proceeding, (Gineture of authorized representative (date) ‘(name of partnership) ‘AUTHORIZED REPRESENTATIVE STATEMENT FOR CORPORATIONS, LLCs, ‘UNINCORPORATED ASSOCIATIONS and GOVERNMENTAL AGENCIES, ‘am an authorized oficer or regular employee of a (print name) corporation, LLC, unincorporated association, or governmental agency named as a Respondent in BOLI case number ‘and am hereby authorized to represent Respondent as its authorized represeniaive inthis contested case proceeding. (Snalire of authorized representativey (dala) Game oF corporation, LLG, or govemmental agency) ~«pumavut Eom i to lean anne sd aks ily seuet for ene, aD ae | 2xemeeorwooer na gssuss | jr dit tenga Te Reena GAVEL TENALTIES, TO REYUSE | Aawcy spade tepaion he Ose ot Notes, | SOEatW nS SUSFEND-OR | endothe coe in sop of pian YOU Must TIMPLY LE A | RRVOKE'ATLICENSE, OREO | fisecue alts Nee wil bconee arora mR AND | PLAGE ON CommisSioniaes | ial Overby Dei ht ny bo wwarrren | knouist | voR | [Sr oviMiciGmes ‘reve augment yee se EATUNG a hades oxi ‘Sonoran et hearing bt ar Naot An newer ma segue HE you heeded «Not sr ‘ido yourrequest re beang e tearing i ed ee ie posoned | poor te ay ofthe wets, | Rae at Gs eu band Stcrd o Wage tue | you wt fk ween anwar and | rp ead Nts Divo atte dies ot hinthe | riten ean or Bearing wihn-ad | Sead of he cs aed Nts Novice Yor aver tat admit | dat do ourssive tienes | ove uh Quer ok Dect lesen alogea inthe Note nd |r the duo was matled to you, | By tec Shut et al cto log deoes | whichever is car, O48 810-50: Jou ind chim. “Oak ease... | Wm asrese0130 S.RELINE ROM MERAUILE so oue ese. osoaree, ty YON | 4 Noricy OF INTENT TO DENY on my rentet Fam ‘To Tiny mux an | {Rone fos ined iateeeateaae ie ANSWER AND REQUEST FOR A making a wien reqoest within 1 days HKARING IN WRITING, YOUR If you have received x Notice ster Go sduintresor ofthe Wage and RIGHT "TO A HEARING IS | popoiagty ten aeons, ou mat | TO Srna Pil Onder by ‘WAIVED. Be i Gown nin en dug st | Defi” "Gno ea mena ht ‘ego fr ering hin 6. ds ot . 2 RIBRESENTATION BY_AN | Ey wets ir mac ortho | lela ys ot perm dso ADIORNEY OR AUTHORIZED | ct yer med to you, wishes |S Huse nite or «chewssnce a See ME TE wa | ee eg nt te ‘A esjendets my te | O13 ‘Sampled by + wen se, repeated by an tomes. Tata |g vonice OP HEARING Sethe appopeine Crp ray bo able 1 bt 8 Seamentn, sting fot ts pry Saal eos, XE you lem nly answer and | Syperng you clan of god ease. I Inde” Respondcots ay | equ Being, a hewing wil bo -| muse seed fo te smite choose miter ornottebexeesncd | [Reilt ands sotce of bat hung | oe Wage el font Divion ol ll Symon Satloyoomyouraiacssstdontto | tended’ opin by he prailag ‘All govemmentagences | ina 839-050 0050. Tiss] siminieae nw judge,” at 839° rverti,” coprtos, "aod |e eanetaiem, gos shu te | B50, Grinsrprsid wscctoae MUST te | Soutconetdinas your twat precede by mn atoceey ty | Ee hating tine at he ‘Sr wtorind. epee” tah | Nite of Hem. sea 10900" SHogs ofthe earls INCLUDING | Sea ‘ates, 1t your addres, | ‘THE FILING OF AN ANSWER | Spe ata you Se your saver and AND REQUEST FOR HEALING. | Sauls'te tang jou MUST aol) DARsH.050-0110, Anensonedimet | Se Coe Gu Coordin wah Slane the spl roqerements |p Gaya your change of ales Groeening autored represses, | Qaeshoasioasa, Insling seston on who way a san anborzed opened te Tinitatoos onan ocdBureau of Labor and Industries ‘Brad Avakian Commissioner IATTENTION -- MILITARY SERVICEMEMBERS! ‘7. Notification of Federal Sorvicomombors Gil Relief Act (SCRA ‘The Sencemembers Civ Relof Act (SCRA) provides forthe temporary suspension of ji and 2cminstrave proceedings and tansactons that may adversayafect te Gil nights oF sorvoamembers ‘rng tho maker eres, ‘Ascot bythe SCRA. the tom "unformed services means {2 Tho aimed orcas (Amy, Nay, Air Force, Marin Corps, Coast Guard, National Gud) (8) The commissioned cops ofthe National Ooaane and Ameuphro Amini, snd {C) The commisstnes cops of he Puli Heath Servis. you ae a curent member cf the unformed senices, or were recent leased o trminsted fam the Lnfrmed services, the potactons granted bythe SCRA may apy to youn this conastod case proceeding. ‘The rights and prolecons ofthe Act may also apply if you ae a reserva who hs boon aerod to rept for riliry sence, # you have been ordered Io repo er induce, of you ae a U.S, eizen serving wih ld Foeee, Protection under the SCRA must be requested during the member's mitary duly or win 30 to 180" days ater miliary sence ends, depending onthe protection ber requested. Intamaion on SCRA may ba fund at httavaelagenel amni/TJAGSA or hime jagenol aman 2 Oregon National Guard servicemembor rights to role from contested caso proceeding under Oregon ty, Under Oregon ev, @ member ofthe Oregon National Guard whois ald ina active serie inside or ouside Iho slate of Gregon mayne nacivo eenee or ace dy, er wn six months eer thal service or ty ‘ends, apply io the Bureau of Labor and Industies fo (1) oot with reapect to any abigaton or hay Incured by the member betoe te porod of actve service ot dy began; or (2) a say of conested case ‘roreeding n which the Burau has isued an Orcar a Detemrinaten, Nolin of Intent, of Fonml Charges {hat names the member a8. paty. ORS 398.238(1)82) ws tn thi Immediately you tank you have vats under fo SCRA or Cregon la that enitle you to be temporary shiolded fom tis legal procsodng. ‘The Admasttive Prosecutor wl stmt to dere your statis rains fo this proceeding, based on tho infermatcn you povde. You shoud eso coneut wih en atorncy 10 fetemine your logalrighis, as the Bureau cannot give lng acvioe. The Oregon State Ga's Lawyer Rotel hum Is 800-452-7635. ape ins cl ot de fine oe hid et Sea mene tao 7 atanaey rman entree SE ee alk Somme suns wireroeniiacietgs manera rater ‘BOLI SCRA Notitieaton (September 2008) ec a De naa ct eae OPORTO SRO sakes AN BQUAL OPPORTUNTHY EMPLOVER ctBUREAU OF LABOR AND INDUSTRIES DIVISION 50. CONTESTED CASE HEARINGS RULES As Filed With Oregon Secretary of State on September 4, 2014 839-080-0000 Statomont of Purpose {(1) The purpose of OAR 839-050-0000 to 839-050-0440 is to ensure that the contested case procedures of the ‘Bureau of Labor and Industries comply with ORS 183.413 to 183.470, to provide clear guidelines and an understanding of what is expected of participants, and to provide for thorough and timely hearings. (2) In an effort to provide timely hearings, OAR 839-050-0000 fo 839- (050-0440 estabish time limits that will be strictly followed. Waiver or extension Cf set time limits willbe granted only under tho limited circumstances sat forth in these rules. Stat th: ORS 189;2790.16, 2786817: 8 8010004, 658407(9), 95020, e584 808 State. implonaind: ORS 2790880, 278085, 3: S500) 6818, 6908058 BL B96, 8 of 9.2.68, BL 4-190¢Tep) 4703, cnt ef 1258 BL 8 1003, t-Aca of 9. 83 1010. Modo! Rules of Procedure ‘The Attorney General's Model Rules of Procedure for contested cases adopted pursuant to OAR 839-002-0005 govern Contested case proceedings of the Bureau of Labor and Industries except to the extent they conflict with or are ‘modified by-rules inthis division or any ther division of chaptor 839 of the Oregon Administrative Rules. The rules for contested case proceedings are set forth in OAR chapter 839, division 50. The Altomey General's Model Rules for ‘Agency Declaratory Rulings govern Declaratory Rutings. [ED. NOTE: The ful text of the Attorney General's Model Rules of Procedure is availabe from the office of the Attorney General or Bureau of Labor and Industries.) Slat ith: ORS 109 & 51.0001) ‘Stats. Inplomeniod: ORS 270.860, 275.065, (2.39(), 058.088), 658.16, 088.4070), os a0, eas a a50aasa it: BL 81086, € a 0225 BL 4-1099(Tom, ‘$790, cert ob 412.93; BL 810051 eet of 9: 8, Renambored rm 83-0900002 BL 2-160, {coro 1210-98; 1 2200, Lea, 2700 BU 15.2004, £ 11-404 cor ef 1-308 BLN 208, £3-48-06008 of 8 200% HU 52014 LR cer of eae {839-050-0020 Definitions Unless the context requires otherwise, the following definitions apply to OAR 839-050-0000 through 839.050.0445: (1) "Administrative law judge” means the ‘commissioner or an individual or a special tribunal designated by the ‘commissioner to preside over any or all aspects of a contested caso hearing including motions, ofa or written hearings, preparation of the Proposed Order and assistance in preparation of the Final Order. The administrative law judge may or may not be an employee of the Agency, except thal when a case involves a complaint alleging an unlawful practice under ORS 650A. 145 0 659A.421 or discrimination under federal housing law, the administrative law judge or anyone appointed as a hearings officer or member of a spectal ‘ribunat to hear the matter must be an employee of the Agency. ‘Bureau of Labor and Industies ~ Contested Case Hearings Rules ‘Oregon Adnbistrave Rules 839 ~ Division 50, Page tof 32