Bill Text: OR HB2037 | 2011 | Regular Session | Introduced

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Bill Title: Relating to remedies under civil rights laws.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2037 Detail]

Download: Oregon-2011-HB2037-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 726

                         House Bill 2037

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Commissioner of the Bureau
  of Labor and Industries Brad Avakian)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Commissioner of Bureau of Labor and Industries to
award costs and reasonable attorney fees when complainant
prevails for cease and desist order. Allows commissioner to award
costs and reasonable attorney fees when respondent prevails for
cease and desist order only if condition met.

                        A BILL FOR AN ACT
Relating to remedies under civil rights laws; creating new
  provisions; and amending ORS 659A.850.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 659A.850 is amended to read:
  659A.850. (1)(a) All proceedings before the Commissioner of the
Bureau of Labor and Industries under this section shall be
conducted as contested case proceedings under the provisions of
ORS chapter 183. Except as provided in paragraph (b) of this
subsection, the commissioner may appoint a special tribunal or
hearing officer to hear the matter. The commissioner may affirm,
reverse, modify or supplement the determinations, conclusions or
order of any special tribunal or hearing officer appointed under
this subsection. The scheduling of a hearing under this section
does not affect the ability of the commissioner and any
respondent to thereafter settle the matters alleged in the
complaint through conference, conciliation and persuasion.
  (b) In a proceeding under this section alleging an unlawful
practice under ORS 659A.145 or 659A.421 or discrimination under
federal housing law:
  (A) Only an employee of the Bureau of Labor and Industries may
be a member of a special tribunal or a hearing officer appointed
to hear the matter.
  (B) An aggrieved person may intervene as a party in the
proceeding. The commissioner may award prevailing party costs and
reasonable attorney fees to a person who intervenes.
  (2) After considering all the evidence, the commissioner shall
cause to be issued findings of facts and conclusions of law.
  (3) The commissioner shall issue an order dismissing the formal
charges against any respondent not found to have engaged in any
unlawful practice alleged in the complaint.
  (4) After a hearing under this section, the commissioner shall
issue an appropriate cease and desist order against any
respondent found to have engaged in any unlawful practice alleged
in the complaint. The order must be signed by the commissioner
and must take into account the need to supervise compliance with
the terms of order. The order may require that the respondent:
  (a) Perform an act or series of acts designated in the order
that are reasonably calculated to:
  (A) Carry out the purposes of this chapter;
  (B) Eliminate the effects of the unlawful practice that the
respondent is found to have engaged in, including but not limited
to paying an award of actual damages suffered by the complainant
and complying with injunctive or other equitable relief; and
  (C) Protect the rights of the complainant and other persons
similarly situated;
  (b) Submit reports to the commissioner on the manner of
compliance with other terms and conditions specified in the
commissioner's order, and take other action as may be required to
ensure compliance with the commissioner's order; and
  (c) Refrain from any action specified in the order that would
jeopardize the rights of the complainant or other persons
similarly situated, or that would otherwise frustrate the
purposes of this chapter.
   { +  (5) When the commissioner issues a cease and desist order
under this section, the commissioner:
  (a) Shall award to a prevailing complainant the costs and
reasonable attorney fees incurred by the complainant for services
provided by an attorney to the complainant; and
  (b) May award to a prevailing respondent the costs and
reasonable attorney fees incurred by the respondent only if the
commissioner determines that there was no objectively reasonable
basis to issue formal charges. + }
    { - (5) - }   { + (6) + } A cease and desist order issued
under subsection (4) of this section may be recorded in the
County Clerk Lien Record in the manner provided by ORS 205.125
and enforced in the manner provided by ORS 205.126. In addition
to enforcement under ORS 205.126, the order may be enforced by
writ of mandamus or a civil action to compel specific performance
of the order.
    { - (6) - }   { + (7) + } The commissioner may charge a
respondent on a cease and desist order the actual collection fees
charged to the bureau by any other governmental agency or any
private collection agency assisting in the collection of the
judgment.
  SECTION 2.  { + The amendments to ORS 659A.850 by section 1 of
this 2011 Act apply only to proceedings commenced on or after the
effective date of this 2011 Act. + }
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