(2) The hearing shall be conducted as provided for a contested case in ORS chapter 183.
(3) If the board finds that the action complained of was taken by the appointing authority for any political, religious or racial reasons, or because of sex, marital status or age, the employee shall be reinstated to the position and shall not suffer any loss in pay.
(4) In all other cases, if the board finds that the action was not taken in good faith for cause, it shall order the immediate reinstatement and the reemployment of the employee in the position without the loss of pay. In lieu of affirming the action, the board may modify the action by directing a suspension without pay for a given period, and a subsequent restoration to duty, or a demotion in classification, grade or pay. The findings and order of the board shall be certified in writing to the appointing authority and shall be forthwith put into effect by the appointing authority. [Amended by 1957 c.205 §1; 1959 c.689 §6; 1969 c.80 §78; 1971 c.734 §35; 1975 c.427 §12; 1977 c.400 §1; 1977 c.770 §6; 1993 c.778 §24; 2003 c.213 §1]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 240 - State Personnel Relations
Section 240.011 - Policy on public service contracts; review.
Section 240.012 - Job sharing; policy statement.
Section 240.015 - Definitions.
Section 240.060 - Employment Relations Board; qualification of members; outside activities.
Section 240.065 - Appointment; terms; vacancies.
Section 240.086 - Duties of board; rules.
Section 240.088 - Review of arbitration awards after written exceptions filed.
Section 240.123 - Board personnel; counsel.
Section 240.131 - Employment Relations Board Administrative Account.
Section 240.145 - Duties of administrator; rules.
Section 240.185 - Maximum number of state employees; applicability; exceptions.
Section 240.190 - Policy on comparability of value of work and compensation and classification.
Section 240.195 - Categories of positions in state service.
Section 240.200 - Exempt service.
Section 240.205 - Unclassified service.
Section 240.215 - Classification plan; job share; career ladder; transfers.
Section 240.217 - Certain reclassifications prohibited.
Section 240.227 - Salary for legislator appointed to exempt, unclassified or management service.
Section 240.235 - Compensation plan for classified service.
Section 240.240 - Application of chapter to unclassified or management service.
Section 240.307 - Procedure for enforcement of ORS 240.309; rules.
Section 240.311 - Delegation of authority and responsibility by division; post-audit review.
Section 240.395 - Suspension of merit system in emergencies; reinstatement.
Section 240.435 - State Management Credentials Program required; purpose.
Section 240.560 - Appeal procedure.
Section 240.710 - Certain acts unlawful.
Section 240.750 - When discipline action not to be retained in personnel file.
Section 240.850 - Policy on work environments; duties of state agencies.