657.685
Employment Appeals Board; confirmation; quorum; meetings; duties; staffing;
rules. (1) The
Employment Appeals Board hereby is created within the Employment Department.
(2) The
Employment Appeals Board consists of three members who shall be appointed by
and serve at the pleasure of the Governor. Except for pro tempore appointments,
appointments of members are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565. In the selection of the members of the
Employment Appeals Board, the Governor shall give due consideration to the
interests of labor, industry and the public. Not more than two of the members
of said board shall belong to the same political party. The Governor shall
designate one of the members of the Employment Appeals Board to serve as its
chairperson with duties and powers necessary for the performance of the
function of such office as the Governor determines. In the event of an absence
or as required by the workload, the chairperson may appoint, with the approval
of the Governor, pro tempore members to serve for a period not to exceed 90
days.
(3) A majority of
the Employment Appeals Board constitutes a quorum.
(4) The
Employment Appeals Board shall meet at such times and places as specified by
the chairperson.
(5) The director
shall provide the Employment Appeals Board with such staff as is required by
the workload, subject to budgetary limitations.
(6) The
Employment Department shall adopt procedural rules proposed by the Employment
Appeals Board necessary for the discharge of the board’s duties. Such rules
need not conform to common law or statutory rules of evidence and other
technical rules of procedure. [1959 c.583 §12; 1969 c.597 §186; 1973 c.792 §30;
1975 c.426 §1; 1983 c.522 §9; 1987 c.894 §10; 1993 c.344 §22]
Notes of Decisions
McPherson v. Emp. Div., 591 P.2d 1381 (Or. 1979).
· cites it 2× “The assistant director has responsibility for the board's budget, ORS 657.685(6) and for prescribing regulations for "the conduct of hearings and appeals" on disputed claims, ORS 657.”
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
“The EAB may make procedural rules for the conduct of its own proceedings, ORS 657.685(7), but it has no substantive rulemaking authority.”
Carillo v. Emp. Div., 744 P.2d 1304 (Or. Ct. App. 1987).
· cites it 2× “EAB may make procedural rules for the conduct of its own proceedings, ORS 657.685(7), but it has no substantive rulemaking authority.”
Philomath Forest Prods. Co. v. Emp. Div., 741 P.2d 912 (Or. Ct. App. 1987).
“” In other words, aside from its authority to adopt procedural rules relevant “to the discharge of its duties,” ORS 657.685(7), EAB’s sole function is to decide questions of fact and law.”
Earl Smith Oil Co. v. Emp. Div., 530 P.2d 538 (Or. Ct. App. 1975).
“This is an appeal under ORS 657.685 from an order of an Employment Division referee affirming a tax deficiency assessment of the Employment Division Administrator against petitioner, Earl Smith Oil Company, on payments to one George Benson.”
— Or. Rev. Stat. § 657.685(6) — 1 case
McPherson v. Emp. Div., 591 P.2d 1381 (Or. 1979).
“The assistant director has responsibility for the board's budget, ORS 657.685(6) and for prescribing regulations for "the conduct of hearings and appeals" on disputed claims, ORS 657.”
— Or. Rev. Stat. § 657.685(7) — 3 cases
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
“The EAB may make procedural rules for the conduct of its own proceedings, ORS 657.685(7), but it has no substantive rulemaking authority.”
Carillo v. Emp. Div., 744 P.2d 1304 (Or. Ct. App. 1987).
“EAB may make procedural rules for the conduct of its own proceedings, ORS 657.685(7), but it has no substantive rulemaking authority.”
Philomath Forest Prods. Co. v. Emp. Div., 741 P.2d 912 (Or. Ct. App. 1987).
“” In other words, aside from its authority to adopt procedural rules relevant “to the discharge of its duties,” ORS 657.685(7), EAB’s sole function is to decide questions of fact and law.”
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