(1) The Commissioner of the Bureau of Labor and Industries may enter into a settlement with respect to any violation of a provision of law over which the Bureau of Labor and Industries has jurisdiction. The commissioner may take steps to settle the matter through conference, mediation, conciliation, persuasion or other alternative dispute resolution processes, to otherwise carry out the duties of the commissioner. (2) The terms of any settlement entered into under this section must be contained in a written settlement agreement. The settlement agreement may include any or all terms and conditions that may be included in a final order issued by the commissioner. (3) A party to a settlement agreement entered into under this section may seek to enforce the agreement by writ of mandamus or a civil action seeking injunctive relief or specific performance of the agreement. (4) The commissioner shall enter an order based on the terms of a settlement agreement that is signed by a representative of the commissioner. In addition to enforcement in the manner provided by subsection (3) of this section, the order may be recorded in the County Clerk Lien Record in the manner provided by ORS 205.125 and enforced in the manner provided by ORS 205.126. (5) All communications, oral or written, made during the course of or in connection with settlement discussions held through the bureaus alternative dispute resolution process under this section are confidential, are not subject to disclosure under ORS 192.311 to 192.478 and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings except as allowed under ORS 36.222. A settlement agreement and the order based on the terms of the settlement agreement: (a) Are not subject to the provisions of this subsection; (b) Are subject to public disclosure under ORS 192.311 to 192.478; and (c) May be admitted into evidence in any proceeding. (6) This section does not apply to complaints filed under ORS 659A.820 or 659A.825. Note: See note under 651.125.
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