Or. Admin. Code § 839-003-0095

Current through Register Vol. 63, No. 10, October 1, 2024

Section 839-003-0095 - Enforcement of Settlement Agreements and Orders

(1) This section does not apply to housing discrimination complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a). Enforcement of settlement agreements and orders in housing cases is addressed in OAR 839-003-0240.

(2) The commissioner or any person aggrieved by the violation of the terms and conditions of any settlement agreement may file a civil action or an action for a writ of mandamus alleging breach of a settlement agreement to which the division is a party as provided under ORS 659A.840 and 659A.860 in the manner provided by ORS 659A.885(3) for unlawful practices.

(3) The commissioner and any person aggrieved by the violation of the terms and conditions of a cease and desist order issued by the commissioner whether by a respondent or by any agent or successor in interest of the respondent, may bring a civil action in the manner provided by ORS 659A.885(3) and recover the same relief as provided by ORS 659A.885(3) for unlawful practices.

(4) An aggrieved person may also file a complaint with the commissioner to seek enforcement of a settlement agreement to which the division is a party, within one year after the act or omission alleged to be a violation of the agreement. The commissioner will process the complaint in the same manner as provided for a complaint filed under ORS 659A.820.

Or. Admin. Code § 839-003-0095

BL 7-1981, f. & ef. 6-25-81; BL 4-1996, f. & cert. ef. 3-12-96; BLI 11-2000, f. & cert. ef. 3-24-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08; Administrative correction 10-21-08; BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09; BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08; BLI 9-2015, f. & cert. ef. 6/29/2015

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 659A.850, 659A.860 & 659A.865