respondents motion to reopen contested case record

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BEFORE THE COMMISSIONER OF THE BUREAU OF LABOR AND INDUSTRIESOF THE STATE OF OREGON

In the Matter of:

Oregon Bureau of Labor and Industrieson behalfofRACHEL CRYER,

Complainant,

MELISSA KLEIN, dba SWEET CAKESBY MELISSA,

and AARON WAYNE KLEIN, individually;as an Aider and Abettor under ORS

659A.406,Respondents.

In the Matter of:

Oregon Bureau of Labor and Industrieson behalfof LAUREL BOWMAN CRYER,

Complainant,

MELISSA KLEIN, dba SWEET CAKESBY MELISSA,

and AARON WAYNE KLEIN, individuallyas an Aider and Abettor under ORS

659A.406,Respondents.

Case No. 44-14

RESPONDENTS' MOTION TO REOPENCONTESTED CASE RECORD

Case No. 45-14

RESPONDENTS' MOTION TO REOPENCONTESTED CASE RECORD

Page 1 - RESPONDENTS' MOTION TO REOPEN CONTESTED CASE RECORD

HERBERT G. GREYAttorney At Law

4800 SW Griffith Drive, Suite 320Beaverton, OR 97005-8716

(503)641-4908

1 Pursuant to OAR 839-050-0410, Respondents hereby move for an order reopening the

2 contested case record to allow additional evidence necessary to fully and fairly adjudicate the

3 case for good cause shown herein in that the BOLI ALJ unfairly denied Respondents the

4 opportunity to keep the hearing record open and to conduct discovery to inquire into testimony

5 by BOLI witness Aaron Cryer at hearing that directly contradicted prior testimony from

6 complainants and others about possible collusion involving complainants, Basic Rights Oregon

7 and/or unidentified BOLI personnel. Such a decision is an abuse of discretion that, if

8 uncorrected, will unfairly prejudice Respondents rights herein.

9 ARGUMENT

10 ORS 183.482(7) requires remedial Agency action if either the fairness of the proceeding

11 or the correctness of the action may have been impaired by a material error in procedure or a

12 failure to follow prescribed procedure. Similarly, ORS 183.482(8)(c) requires setting aside or

13 remanding an order not supported by substantial evidence.

14 As quoted below, BOLI witness Aaron Cryer testified at hearing on Friday, March 13,

15 2015 about his knowledge concerning the involvement of BOLI personnel and others, including

16 complainants, in discussions about how the case fit into an overall strategy involving marriage

17 equality in Oregon. His testimony not only contradicted complainants' denials (also noted

18 below) in earlier testimony about such political considerations, but directly implicated BOLI and

19 Complainants in using this case against Respondents for a political agenda rather than a good

20 faith claim for recovery of damages to Complainants. That casts not only the credibility of

21 complainants' testimony intodoubt, but also confirms what Respondents have long argued in the

22 record: bias has effectively precluded Respondents from receiving due process in this case

Page 2 - RESPONDENTS' MOTION TO REOPEN CONTESTED CASE RECORD

HERBERT G. GREYAttorney At Law

4800 SW Griffith Drive, Suite 320Beaverton, OR 97005-8716

(503) 641-4908