Or. Admin. Code § 812-004-1300
Current through Register Vol. 63, No. 12, December 1, 2024
Section 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).Or. Admin. Code § 812-004-1300
CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 3-2019, amend filed 12/17/2019, effective 1/1/2020Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: ORS 701.133, 701.139, 701.143, 701.145 & 701.146