(2) Administrative Law Judges are in the unclassified service under ORS chapter 240, and the board shall fix their salaries in accordance with ORS 240.245.
(3)(a) The board chairperson, after consultation with the board, shall establish criteria whereby each Administrative Law Judge shall receive an annual performance evaluation. Such criteria shall include, but not be limited to, work quality and productivity.
(b) The employment of each Administrative Law Judge shall be subject to formal review by the board chairperson every four years. Complaints and comments filed with the board chairperson regarding the official conduct, competence or fitness of an Administrative Law Judge, as well as the board’s records, shall be reviewed by the board chairperson. Not less than 90 days prior to the expiration of the probationary period, or within 180 days but not less than 90 days prior to each four-year review, the board chairperson shall solicit comments from attorneys practicing in the field of workers’ compensation. These comments and all complaints and other records filed with the board chairperson regarding the official conduct, competence or fitness of an Administrative Law Judge shall be reviewed by the board. The board chairperson shall conduct an annual survey of all attorneys regularly participating in workers’ compensation cases, in such manner as to allow the attorneys to remain anonymous while rating the Administrative Law Judges as to knowledge of workers’ compensation law, judicial temperament, capability to handle hearings, diligence, efficiency and other similar factors. The results of the survey shall be published by the board chairperson, listing each Administrative Law Judge by name.
(c) Notwithstanding ORS 240.240 and in accordance with ORS 240.555 and 240.560, an Administrative Law Judge may be removed at any time, for official misconduct, incompetence, inefficiency, indolence, malfeasance or other unfitness to render effective service.
(4) Administrative Law Judges have the same powers granted to board members or assistants under ORS 656.726 (2)(a), (b), (c) and (d).
(5) A presiding Administrative Law Judge shall be appointed by the board chairperson and shall serve as presiding Administrative Law Judge at the pleasure of the board chairperson. The presiding Administrative Law Judge shall perform such administrative duties as the board chairperson may delegate. The board chairperson may designate another Administrative Law Judge to serve as acting presiding Administrative Law Judge during any period when the presiding Administrative Law Judge is absent or disabled.
(6) Notwithstanding subsections (1) to (5) of this section, the board chairperson, after consultation with the board, may employ any member of the Oregon State Bar to serve as an Administrative Law Judge on a temporary basis, not to exceed one year, when the board chairperson determines that such employment is necessary in the conduct of the business of the Hearings Division. Criteria and procedures for selecting and employing such Administrative Law Judges shall be identical to those established for regularly employed Administrative Law Judges.
(7) It is the declared purpose of this section to foster and protect the Administrative Law Judges’ ability to provide full, fair and speedy hearings and decisions. [1965 c.285 §53a; 1965 c.564 §6; 1967 c.180 §1; 1971 c.695 §9; 1973 c.774 §1; 1979 c.677 §1; 1979 c.839 §19; 1981 c.535 §44; 1985 c.212 §11; 1987 c.884 §13; 1989 c.1094 §4; 1990 c.2 §39; 1995 c.332 §51; 1999 c.876 §8]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 656 - Workers’ Compensation
Section 656.005 - Definitions.
Section 656.012 - Findings and policy.
Section 656.018 - Effect of providing coverage; exclusive remedy.
Section 656.020 - Damage actions by workers against noncomplying employers; defenses outlawed.
Section 656.025 - Individuals engaged in commuter ridesharing not subject workers; conditions.
Section 656.027 - Who are subject workers.
Section 656.031 - Coverage for municipal volunteer personnel.
Section 656.041 - City or county may elect to provide coverage for adults in custody.
Section 656.056 - Subject employers must post notice of manner of compliance.
Section 656.070 - Definitions for ORS 656.027, 656.070 and 656.075.
Section 656.132 - Coverage of minors.
Section 656.135 - Coverage of deaf school work experience trainees.
Section 656.138 - Coverage of apprentices, trainees participating in related instruction classes.
Section 656.140 - Coverage of persons operating equipment for hire.
Section 656.156 - Intentional injuries.
Section 656.160 - Effect of incarceration on receipt of compensation.
Section 656.172 - Applicability of and criteria for establishing program under ORS 656.170.
Section 656.206 - Permanent total disability.
Section 656.209 - Offsetting permanent total disability benefits against Social Security benefits.
Section 656.210 - Temporary total disability; payment during medical treatment; election; rules.
Section 656.212 - Temporary partial disability.
Section 656.214 - Permanent partial disability.
Section 656.225 - Compensability of certain preexisting conditions.
Section 656.228 - Payments directly to beneficiary or custodian.
Section 656.230 - Lump sum award payments.
Section 656.232 - Payments to aliens residing outside of United States.
Section 656.264 - Compensable injury, denied claim and other reports.
Section 656.265 - Notice of accident from worker.
Section 656.266 - Burden of proving compensability and nature and extent of disability.
Section 656.267 - Claims for new and omitted medical conditions.
Section 656.278 - Board has continuing authority to alter earlier action on claim; limitations.
Section 656.291 - Expedited Claim Service; jurisdiction; procedure; representation; rules.
Section 656.319 - Time within which hearing must be requested.
Section 656.327 - Review of medical treatment of worker; findings; review; costs.
Section 656.360 - Confidentiality of worker medical and vocational claim records.
Section 656.362 - Liability for disclosure of worker medical and vocational claim records.
Section 656.382 - Penalties and attorney fees payable by insurer or employer in processing claim.
Section 656.383 - Attorney fees in cases prior to decision or after request for hearing.
Section 656.390 - Frivolous appeals, hearing requests or motions; expenses and attorney fee.
Section 656.403 - Obligations of self-insured employer.
Section 656.407 - Qualifications of insured employers.
Section 656.419 - Workers’ compensation insurance contracts.
Section 656.423 - Cancellation of coverage by employer; notice required.
Section 656.434 - Certification effective until canceled or revoked; revocation of certificate.
Section 656.440 - Notice of certificate revocation; appeal; effective date.
Section 656.443 - Procedure upon default by employer or self-insured employer group; rules.
Section 656.447 - Sanctions against insurer for failure to comply with contracts, orders or rules.
Section 656.508 - Authority to fix premium rates for employers.
Section 656.526 - Distribution of dividends from surplus in Industrial Accident Fund.
Section 656.554 - Injunction against employer failing to comply with deposit requirements.
Section 656.560 - Default in payment of premiums, fees, assessments or deposit; remedies.
Section 656.566 - Lien on property of employer for amounts due.
Section 656.583 - Paying agency may compel election and prompt action.
Section 656.595 - Precedence of cause of action; compensation paid or payable not to be an issue.
Section 656.605 - Workers’ Benefit Fund; uses and limitations.
Section 656.612 - Assessments for department activities; amount; collection procedure.
Section 656.625 - Reopened Claims Program; rules.
Section 656.630 - Oregon Institute of Occupational Health Sciences funding; report of activities.
Section 656.632 - Industrial Accident Fund.
Section 656.634 - Trust fund status of Industrial Accident Fund.
Section 656.635 - Reserve accounts in Industrial Accident Fund.
Section 656.642 - Emergency Fund.
Section 656.702 - Disclosure of records of corporation, department and insurers.
Section 656.709 - Ombudsman for injured workers; ombudsman for small business; duties.
Section 656.714 - Removal of board member.
Section 656.718 - Chairperson; quorum; panels.
Section 656.725 - Duties and status of Administrative Law Judges.
Section 656.727 - Rules for administration of benefit offset.
Section 656.730 - Assigned risk plan.
Section 656.752 - State Accident Insurance Fund Corporation; purpose and functions.
Section 656.754 - Manager; appointment; functions.
Section 656.795 - Informational materials for nurse practitioners.
Section 656.797 - Certification by nurse practitioner of review of required materials.
Section 656.802 - Occupational disease; mental disorder; presumptions as to stress disorders; proof.
Section 656.807 - Time for filing of claims for occupational disease; procedure.
Section 656.850 - License; compliance with workers’ compensation and safety laws.