Oregon Revised Statutes

Or. Rev. Stat. § 659A.845 (2026)

Formal charges

✓ current as of May 2026

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659A.845 Formal charges. (1) If the Commissioner of the Bureau of Labor and Industries issues a finding of substantial evidence under ORS 659A.835 and the matter cannot be settled through conference, mediation, conciliation, persuasion or other alternative dispute resolution processes, or if the commissioner determines that the interest of justice requires that a hearing be held without first seeking settlement, the commissioner shall prepare formal charges. Formal charges must contain all information required for a notice under ORS 183.415 and must specify the allegations of the complaint to which the respondent will be required to make response. Formal charges shall also set the time and place for hearing the formal charges.

(2)(a) The commissioner shall serve the formal charges on all respondents found to have engaged in the unlawful practice.

(b) If the formal charges allege a violation of ORS 659A.145 or 659A.421 or discrimination under federal housing law, the commissioner shall serve on the named respondents and complainants the formal charges and a notice of the right of the respondents and complainants under ORS 659A.870 to opt for a court trial instead of a hearing under ORS 659A.850.

(3) The commissioner may not prepare formal charges alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law after trial has begun in a civil action that the complainant commenced under state or federal law and that seeks relief with respect to that unlawful or discriminatory practice. [2001 c.621 §7; 2007 c.903 §9; 2008 c.36 §11; 2015 c.609 §§1,4; 2025 c.22 §9]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2019–2022 · leading case: Fenimore v. Blachly-Lane Cnty. C.E.A., 441 P.3d 699 (Or. Ct. App. 2019).

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Fenimore v. Blachly-Lane Cnty. C.E.A., 441 P.3d 699 (Or. Ct. App. 2019). “" Under ORS 659A.845, the commissioner of BOLI "may prepare formal charges" based on a finding of substantial evidence that a party engaged in an unlawful discriminatory practice.”

Klein v. BOLI, 506 P.3d 1108 (Or. Ct. App. 2022). “ORS 659A.845. By statute, even when the case is tried to the Office of Administrative Hearings initially, as it was here, the commissioner retains full control over the content of the order that results: “The commissioner may affirm, reverse, modify or supplement the…”

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