OAR 812-004-1300: Filing Date of Complaint

(1) Except as provided under section (3) and (6) of this rule, a complaint filed with the agency under ORS 701.139 is deemed to have been filed when a complaint is received by the agency that: (a) Meets the requirements of OAR 812-004-1340(1) and (2)(m); and (b) Contains information sufficient to identify the complainant and respondent. (2) The agency must return a complaint that does not meet the requirements of section (1) of this rule to the person who submitted the complaint. (3) If the agency returns a complaint to a person under section (2) of this rule because the person did not meet the requirements of OAR 812-004-1340(2)(m) related to pre-complaint notice, that person may resubmit the complaint with the required evidence. If the resubmitted complaint satisfies the agency that the person met the requirements under OAR 812-002-1340(2)(m) before the agency received the original complaint, the complaint is deemed to have been filed on the date the complaint was first received by the agency. (4) A complaint that does not fully comply with the requirements of OAR 812-004-1340 is subject to OAR 812-004-1350. (5) The date of filing of a complaint submitted to the agency for processing under ORS 701.146 is the date when the complainant complies with ORS 701.133(1) and 701.146(2). (6) The date of filing of a complaint submitted to the agency for processing under Oregon Laws 2019, chapter 444 is the date the wage claim was received by the Bureau of Labor and Industries (BOLI).