OAR 436-080-0010: Issuance of Noncomplying Employer Order; Requests for Hearing

(1) Issuance of noncomplying employer order. If the director determines that a person has engaged as a subject employer without qualifying as a carrier-insured employer or a self-insured employer as provided in ORS 656.017 and 656.407, the director will issue a noncomplying employer order. (2) Request for hearing. An employer may contest a noncomplying employer order by requesting a hearing under ORS 656.740, subject to the following: (a) The request for hearing must be made in writing; (b) The request must specify the grounds upon which the employer contests the order; (c) The request must be filed with the director within 60 calendar days after the mailing date of the order; and (d) OAR 436-001-0030(2) through (5) apply to hearings requested under this section. (3) Proceedings to enjoin a noncomplying employer. The director may request the Department of Justice to commence proceedings to enjoin a noncomplying employer that does not request a hearing within the timeframe specified under subsection (2)(c) of this rule from employing subject workers without complying with ORS 656.017.