656.052 Prohibition against employment without coverage; proposed order declaring noncomplying employer; effect of failure to comply
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656.052 Prohibition against employment without coverage; proposed order declaring noncomplying employer; effect of failure to comply.
(1)No person shall engage as a subject employer unless and until the person has provided coverage pursuant to ORS 656.017 for subject workers the person employs.
(2)Whenever the Director of the Department of Consumer and Business Services has reason to believe that any person has violated subsection
(1)of this section, the director shall serve upon the person a proposed order declaring the person to be a noncomplying employer and containing the amount, if any, of civil penalty to be assessed pursuant to ORS 656.735 (1).
(3)If any person fails to comply with ORS 656.017 after an order declaring the person to be a noncomplying employer has become final by operation of law or on appeal, the circuit court of the county in which the person resides or in which the person employs workers shall, upon the commencement of a suit by the director for that purpose, permanently enjoin the person from employing subject workers without complying with ORS 656.017. Upon the filing of such a suit, the court shall set a day for hearing and shall cause notice thereof to be served upon the noncomplying employer. The hearing shall be not less than five days from the service of the notice.
(4)The court may award reasonable attorney fees to the director if the director prevails in an action under subsection
(3)of this section. The court may award reasonable attorney fees to a defendant who prevails in an action under subsection
(3)of this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [Amended by 1957 c.574 §2; 1965 c.285 §14; 1967 c.341 §4; 1973 c.447 §1; 1987 c.234 §1; 1990 c.2 §5; 1995 c.332 §6b; 1995 c.696 §43]