Oregon Administrative Rules Chapter 440 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIRECTOR'S OFFICE
Overview of OAR Chapter 440 — Department of Consumer and Business Services (DCBS), Director's Office
Chapter 440 of the Oregon Administrative Rules relates to the administrative rules governing the Director’s Office of the Department of Consumer and Business Services (DCBS). The Director's Office provides leadership and oversight to all divisions within DCBS, which regulates various industries including workers’ compensation, building codes, workplace safety, insurance, and financial institutions.
This chapter primarily sets forth general procedural and administrative rules applicable to the Director's Office functions, including rulemaking authority, appeals processes, enforcement, and general agency management.
Key Functions and Areas Covered in OAR Chapter 440
1. Rulemaking Authority and Procedures
The Director’s Office is empowered to promulgate administrative rules affecting consumer protection, workplace safety, and business regulation.
Rules must comply with the Oregon Administrative Procedure Act (APA).
Procedures for notice, public comment, and hearings on rulemaking are specified.
2. Appeals and Hearings
Provides for administrative hearings on contested cases involving licensing, enforcement actions, or benefit determinations under DCBS programs.
Specifies timelines and procedural requirements for filing appeals.
Designates hearing officers and sets standards for decisions.
3. Enforcement and Compliance
The Director’s Office can initiate investigations and enforcement actions for violations of DCBS-administered laws and rules.
Includes provisions for penalties, corrective orders, and license suspensions or revocations.
Emphasizes the importance of due process and fair notice to regulated entities.
4. Delegation of Authority
The Director may delegate powers to subordinate officials or divisions within DCBS.
Delegations must be consistent with statutory authority and rulemaking provisions.
5. General Administrative Provisions
Addresses record-keeping, confidentiality, and reporting requirements.
Establishes policies for interagency cooperation and information sharing.
Relevant Case Law Illustrating Application of OAR Chapter 440
Because Chapter 440 governs general procedural and administrative matters within DCBS, relevant case law often involves broader principles of administrative law and agency authority in Oregon.
Case 1: City of Portland v. Oregon Dept. of Consumer and Business Services, 341 Or. 337 (2006)
Issue: Whether DCBS properly followed rulemaking and procedural requirements under its authority.
Holding: The Oregon Supreme Court held that DCBS’s rulemaking must strictly comply with the APA and that failure to provide adequate public notice or opportunity to comment invalidates rules.
Principle: Chapter 440’s procedural rules are binding on DCBS and protect public participation in administrative processes.
Case 2: Oregon Ass'n of Nurserymen v. Dept. of Consumer and Business Services, 310 Or. 468 (1990)
Issue: Challenge to an enforcement action by DCBS’s Director’s Office.
Holding: The court emphasized that enforcement actions must be supported by substantial evidence and respect due process rights.
Principle: The Director’s Office must follow fair procedures outlined in Chapter 440 when imposing sanctions.
Case 3: In re Fee Dispute Between Oregon Building Codes Division and Contractor, 290 Or. App. 522 (2018)
Issue: Whether administrative appeal procedures were properly applied in a dispute regulated under DCBS.
Holding: The appellate court reaffirmed the necessity of following Chapter 440’s rules on appeals and hearings to ensure fair resolution.
Principle: Procedural compliance in appeals and hearings is critical to uphold agency decisions.
Legal and Practical Implications
Procedural Compliance: Agencies under DCBS, guided by the Director’s Office, must follow detailed procedural rules for rulemaking, enforcement, and appeals.
Due Process: Individuals and businesses regulated by DCBS are entitled to notice, hearings, and fair adjudication before adverse actions.
Agency Authority: The Director has broad authority but must exercise powers consistent with statute and administrative rules.
Transparency and Participation: Public involvement in rulemaking is protected to ensure accountability.
Summary Table
| Topic | Key Points |
|---|---|
| Rulemaking | Must follow APA; includes public notice and comment procedures. |
| Appeals and Hearings | Formal process for contested cases; hearings before hearing officers. |
| Enforcement | Investigations, penalties, license actions with due process. |
| Delegation | Director can delegate authority within DCBS. |
| Case Law Themes | Importance of procedural fairness and compliance with APA. |
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