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BEFORE THE COMMISSIONER OF THE BUREAU OF LABOR AND INDUSTRIES

OF THE STATE OF OREGON

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In the Matter of:

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Oregon Bureau of Labor and Industries

on behalf of RACHEL CRYER,
Complainant,

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Case No. 44-14

RESPONDENTS' MOTION TO REOPEN

CONTESTED CASE RECORD

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MELISSA KLEIN, dba SWEET CAKES

BY MELISSA,

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and AARON WAYNE KLEIN, individually;

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as an Aider and Abettor under ORS

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659A.406,

Respondents.

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In the Matter of:

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Oregon Bureau of Labor and Industries

on behalf of LAUREL BOWMAN CRYER,
Complainant,

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Case No. 45-14

RESPONDENTS' MOTION TO REOPEN

CONTESTED CASE RECORD

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MELISSA KLEIN, dba SWEET CAKES

BY MELISSA,

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and AARON WAYNE KLEIN, individually

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as an Aider and Abettor under ORS

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659A.406,

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Respondents.

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Page 1 - RESPONDENTS' MOTION TO REOPEN CONTESTED CASE RECORD

HERBERT G. GREY

Attorney At Law
4800 SW Griffith Drive, Suite 320
Beaverton, OR 97005-8716
(503)641-4908

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

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

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

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

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

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

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

uncorrected, will unfairly prejudice Respondents rights herein.

ARGUMENT

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

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

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

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remanding an order not supported by substantial evidence.

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

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

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

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

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

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

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

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complainants' testimony into doubt, but also confirms what Respondents have long argued in the

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record: bias has effectively precluded Respondents from receiving due process in this case
Page 2 - RESPONDENTS' MOTION TO REOPEN CONTESTED CASE RECORD
HERBERT G. GREY

Attorney At Law
4800 SW Griffith Drive, Suite 320
Beaverton, OR 97005-8716
(503) 641-4908