justicedao/ipfs_state_laws huggingface dataset:
199-050-0010 Governing Bodies Subject to the Public Meetings Law (1) The Public Meetings Law applies to the following types of governing bodies: (a) Decision-Making Bodies. A decision-making body is a body with the authority to make decisions for the public body on policy or administration. A body meets this standard if its decision-making authority includes the power to exercise governmental power and act on behalf of the public body. (b) Advisory Bodies. An advisory body is a body with authority to make recommendations to a public body on policy or administration. (2) The Public Meetings Law does not apply to the following types of bodies: (a) Fact Gathering Bodies. Bodies with only the authority to gather and provide purely factual information to a public body, and that do not have the authority to make decisions or recommendations. (b) Bodies Advising Individual Public Officials. Bodies appointed by an individual public official with authority to make recommendations only to that individual public official who has the authority to act on the body’s recommendations and is not required to pass the recommendations on unchanged to a public body. (c) Certain Multi-Jurisdiction Bodies. Multi-jurisdictional bodies whose Oregon members do not constitute a majority of the governing body’s voting members. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.610 & ORS 192.685 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0015 Meetings Subject to the Public Meetings Law (1) The purpose of this rule is to clarify what meetings of a governing body are subject to the Public Meetings Law. (2) The Public Meetings Law applies to the following types of meetings: (a) Regular meetings; (b) Special meetings; (c) Emergency meetings; (d) Executive sessions, whether convened separately or as part of a regular, special, or emergency meeting; and (e) Meetings held for the purpose of either presenting information to the governing body to prepare the governing body for a regular or special meeting, or to allow the governing body to engage in preliminary discussions or deliberations. (These meetings are often called “work sessions” or “workshop” meetings). (3) The Public Meetings Law does not apply to: (a) On-site inspections of projects or programs, provided the members of the governing body do not engage in deliberations or decisions on matters that could reasonably be foreseen to come before the governing body. (b) The attendance of members of a governing body at any national, regional or state association to which the public body or the members belong, provided the members of the governing body do not engage in deliberations or decisions on matters that could reasonably be foreseen to come before the governing body. (c) Communications between or among members of a governing body, including communications of a quorum of members, that are: (A) Purely factual or educational in nature and that convey no deliberation or decision on any matter that might reasonably come before the governing body; (B) Not related to any matter that, at any time, could reasonably be foreseen to come before the governing body for deliberation and decision; or (C) Nonsubstantive in nature, such as communication relating to scheduling, leaves of absence and other similar matters. (d) Any matters listed in ORS 192.690. (4) A private meeting where a quorum of a governing body engages in discussions or communications that are part of the governing body’s decision-making process on matters within the authority of the governing body violates the Public Meetings Law. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.630, ORS 192.690, ORS 192.610 & ORS 192.685 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0020 Serial Communications Prohibited (1) A quorum of the members of a governing body shall not, outside of a meeting conducted in compliance with the Public Meetings Law, use a series of communications of any kind, directly or through intermediaries, for the purpose of deliberating or deciding on any matter that is within the jurisdiction of the governing body. (2) The prohibitions in section (1) apply to using any one or a combination of the following methods of communication: (a) In-person; (b) Telephone calls; (c) Videos, videoconferencing, or electronic video applications; (d) Written communications, including electronic written communications, such as email, texts, and other electronic applications; (e) Use of one or more intermediaries to convey information among members; and (f) Any other means of conveying information. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.610, ORS 192.630, ORS 192.685 & ORS 192.690 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0050 Public Attendance; Meeting Locations (1) All meetings of a governing body, other than executive sessions, shall be open to the public. (a) Meetings may be held at locations as specified in ORS 192.630(4); (b) Meeting locations shall be accessible to persons with disabilities as specified in ORS 192.630(5); and (c) Meetings may not be held at discriminatory locations as provided in ORS 192.630(3). (2) For meetings held by telephone or other electronic means of communication, the governing body shall make available a place or an electronic means by which the public can listen to or view the meetings in real time. The place provided may be a place where no member of the governing body of the public body is present. (3) The governing body shall, to the extent reasonably possible, provide members of the general public an opportunity to access and attend meetings, excluding executive sessions, by telephone, video or other electronic or virtual means. (4) For executive sessions where the media are statutorily authorized to be present, if any person, including any member of the governing body, is attending the executive session by telephone, video, or other electronic means, the governing body shall provide members of the media the same attendance option. Nothing in this subsection prevents the governing body from establishing reasonable security measures to ensure the media’s attendance by telephone, video, or other electronic means is conducted through a secure connection or method. (5) When public testimony is permitted, the governing body shall: (a) Allow oral testimony by telephone, video, or other electronic or virtual means if in-person oral testimony is allowed; and (b) Allow written testimony, including that submitted by electronic mail or other electronic means, if in-person written testimony is permitted. The governing body may require the written testimony be submitted sufficiently in advance of the meeting so that the governing body is able to consider the submitted testimony in a timely manner. (6) The Public Meetings Law does not provide the public the right to participate or to provide public testimony or public comment. In the absence of a statutory or other legal requirement to hear public testimony or comment on certain matters, a governing body may conduct a meeting without any public participation. (7) Unless otherwise provided by statute, charter, or other organic law of the governing body or public body, the presiding officer has inherent authority to keep order and to impose any reasonable restrictions necessary for the efficient and orderly conduct of a meeting. If public participation is to be a part of the meeting, the presiding officer may regulate the order and length of appearances and limit appearances to presentations of relevant points. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.620, ORS 192.660, ORS 192.630, ORS 192.670, ORS 192.672 & ORS 192.685 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0055 Public Vote Requirements (1) All official actions of a governing bodies shall be taken by public vote. (2) Results of all votes shall be recorded, including the vote of each individual governing body member by name. For public bodies with more than 25 members, the individual votes do not need to be recorded unless one member makes such a request. (3) Secret ballots are prohibited. (4) If written ballots are used, the written ballot shall identify the individual governing body member by name and each governing body member’s vote shall be announced during the meeting at which the vote occurred. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.610, ORS 192.650, ORS 192.660 & ORS 192.685 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0060 Minutes or Recordings Required (1) For all of its meetings, including executive sessions, a governing body shall provide for either written minutes or audio, video, or digital recordings. (2) The minutes do not need to be a verbatim transcript and the recordings do not need to include a full recording of the meeting, except as otherwise provided by law, but they shall give “a true reflection of the matters discussed at the meeting and the views of the participants” and shall include all of the information identified in ORS 192.650(1). (3) After the meeting, draft minutes or recordings of all meetings, other than executive sessions, shall be made available to the public in accordance with the requirements of the Public Records Law and the policies or procedures adopted by the Public Body. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.620, ORS 192.650, ORS 192.672 & ORS 192.685 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0065 State Board or Commission Meetings Held Through Telephone or Electronic Means; Video and Audio Recordings (1) A state board or commission that meets through telephone or other electronic means shall record and promptly publish a recording of the meeting on a publicly accessible website or hosting service so that members of the public may, without charge: (a) Observe a recording of the meeting if it was conducted through videoconference technology; or (b) Listen to a recording of the meeting if it was conducted through teleconference technology that did not include video capabilities. (2) The requirements of subsection (1) do not apply to any portion of a meeting that was lawfully held in executive session. (3) The requirements of subsection (1) apply to any state board or commission within the executive department and whose members are subject to Senate confirmation. (4) The recording of the meeting shall remain accessible on the website or hosting service for no fewer than 30 days after the meeting. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.610, ORS 192.650, ORS 192.670, ORS 192.672 & ORS 192.685 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0070 Grievance Process (1) The purpose of this rule is to clarify procedures regarding the requirements in ORS 192.705 for filing a written grievance with a public body alleging a violation by a governing body of provisions in Public Meetings Law. (2) The written grievance shall be submitted to the public body within 30 calendar days from the date of the meeting where the alleged violation occurred. The written grievance shall identify: (a) The governing body that allegedly violated the Public Meetings Law; (b) The date of the meeting where the alleged violation occurred; (c) The specific facts and circumstances that the person asserts amount to a violation of the Public Meetings Law; (d) The date of the grievance; and (e) The name and contact information of the person submitting the grievance. (3) The public body shall accept grievances that are filed through in-person delivery during regular business hours, by first-class mail, and by email. In addition, the public body may accept grievances by any other means it deems appropriate. A public body shall post on its website the person and contact information to whom a grievance may be submitted and the regular business hours during which in-person grievances will be accepted. In the absence of a designated person, a grievance may be submitted to the public body’s chief administrative officer or to the chair of the governing body. If the public body does not maintain a publicly accessible website, the public body shall provide notice of the person and contact information to whom a grievance may be submitted and the regular business hours during which in-person grievances will be accepted in the same manner that it provides notice of its public meetings. (4) The public body’s written response to the grievance shall be submitted to the person who made the grievance within 21 calendar days from the date the grievance was received by the public body and shall satisfy the other requirements in ORS 192.705(2). (5) As required by ORS 192.705(3), at the same time the public body responds to a grievance, it shall submit a copy of the grievance and its response to the Commission. The submission of the grievance and response to the Commission can be made by mail or by e-mail at the e-mail address identified on the Commission’s website. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.705 & ORS 192.685 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0075 Complaints; Dismissal for Failure To Satisfy ORS 192.685 (1) The purpose of this rule is to clarify procedures regarding the opening of one or more preliminary reviews based on a complaint of violations of the Public Meetings Law made against one or more members of a governing body. (2) A complaint alleging violations of Public Meetings Law that is filed with the Commission under ORS 192.685 will be construed as a complaint against all members of the governing body and cases will be opened for each member of the governing body. (3) When a complaint involves the members of a governing body, the Commission hearing of the governing body members’ cases will be consolidated at the preliminary review phase and investigative phase, unless one or more members of the governing body object to the consolidation. At the conclusion of the preliminary review phase or investigative phase, the Commission will make individual determinations regarding the cases of each member of the governing body. (4) A complaint that is dismissed for failing to comply with the grievance requirements in ORS 192.685 is a procedural dismissal only. The dismissal does not prevent the Commission from taking up the matter on the Commission’s own motion. The dismissal does not prohibit the Commission from considering a new complaint based upon the same conduct alleged in the dismissed complaint, if the new complaint is based on a grievance that was timely submitted to the public body and that complied with these rules. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.685, ORS 192.705 & ORS 244.260 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0080 Training Requirements (1) All members of governing bodies are encouraged to comply with the minimum training requirements in Section (2)(a) through (c) of this rule. (2) If a governing body has total expenditures of $1 million or more in a fiscal year, as adjusted for inflation in the manner required by ORS 192.700(3), each member of the governing body shall: (a) At least once during each term of office, attend or view a training on Oregon’s Public Meetings Law provided by the Commission or approved by the Commission in the manner described in OAR 199-005-0085; (b) Maintain a record of the training viewed or attended, including the date viewed or attended and the name of the provider of the training; and (c) Truthfully certify completion of the training upon request of the Commission. (3) A person who serves on multiple governing bodies, each of which require the mandatory training, may attend a single training to satisfy the requirements in section (2) of this rule so long as that training occurs during each applicable term of office. (4) Exceptions. The training requirements in section (2) of this rule do not apply to: (a) Members of a governing body if the governing body has total expenditures of less than $1 million in a fiscal year, as adjusted for inflation; or (b) Members of governing bodies of state government as defined by ORS 174.111. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.685 & ORS 192.700 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
199-050-0085 Training Delegation and Approval Process (1) The Commission may delegate the preparation and presentation of Public Meetings Law trainings required under ORS 192.700 to another organization. A training provided by an entity other than the Commission does not satisfy the requirements of ORS 192.700 unless the Commission has approved the content of the training prior to the presentation of the training. (2) An organization seeking Commission approval of its training shall submit a request, using the form available on the Commission's website, no less than 30 days prior to the presentation of the training. The organization shall provide copies of all training resources applicable to the training presentation, such as slides, handouts, narratives, and recordings, to the Commission for its review. (3) The Commission’s Executive Director will review the training content for accuracy to ensure that the training includes all substantive requirements of the Public Meetings Law and best practices for ensuring compliance with the Public Meetings Law. The Commission will make available on its website the rubric by which the Commission’s Executive Director will evaluate whether or not a training meets the requirements. (4) If the training content meets the requirements to the satisfaction of the Commission’s Executive Director, the Commission’s Executive Director shall approve the training program. A list of approved trainings programs shall be available on the Commission's website so that any person may verify that the training has been approved. (5) The Commission's approval of an organization's training will expire one year from the date of approval. Organizations will need to resubmit their training or submit new training for approval annually. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.700 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
213-001-0000 Notice Rule for Rulemaking Prior to the adoption, amendment or repeal of any permanent rule, the chairperson of the Criminal Justice Commission or designee shall give notice of the proposed action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the proposed rule. (2) By furnishing a copy of the notice to persons on the Criminal Justice Commission mailing list established pursuant to ORS 183.335(7) at least 28 days prior to the effective date of the proposed rule. (3) By furnishing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days prior to the effective date of the proposed rule. (4) By furnishing a copy of the notice at least 28 days prior to the effective date of the proposed rule to: (a) Associated Press; (b) The Oregonian, Portland, Oregon; (c) East Oregonian, Pendleton, Oregon; (d) Statesman Journal, Salem, Oregon; (e) Medford Mail Tribune, Medford, Oregon; (f) The Register Guard, Eugene, Oregon; (g) The Bulletin, Bend, Oregon; (h) Oregon State Bar Bulletin; (i) Chief Justice, Oregon Supreme Court; (j) Chief Judge, Oregon Court of Appeals; (k) Oregon Circuit Judges Association; (l) Office of the Attorney General; (m) State Court Administrator; (n) American Civil Liberties Union; (o) Association of Oregon Counties; (p) Crime Victims United; (q) Oregon Association Chiefs of Police; (r) Oregon Community Corrections Directors Association; (s) Oregon Criminal Defense Lawyers Association; (t) Oregon District Attorneys Association; (u) Oregon State Sheriffs Association; (v) Office of Public Defense Services; (w) Rules Coordinator, Department of Corrections; (x) Association of Municipal Court Judges; (y) Justices of the Peace Association; and (z) Board of Parole and Post-Prison Supervision. Statutory/Other Authority: ORS 183.341(2) & (4) Statutes/Other Implemented: ORS 183.341(2) & (4) History: CJC 4-2012, f. & cert. ef. 10-16-12 CJC 3-2012(Temp), f. & cert. ef. 4-27-12 thru 10-23-12 CJC 1-2006, f. & cert. ef. 4-12-06 CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04 CJC 1-1999, f. & cert. ef. 11-1-99 CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-001-0000 Reverted to SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 CJC 1-1995(Temp), f. & cert. ef. 9-1-95 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1988, f. & cert. ef. 11-16-88
213-001-0005 Rulemaking Procedure (1) All new and revised rules will be adopted in accordance with the provisions of ORS Chapter 183 and the Model Rules of Procedure adopted by the Oregon Attorney General. (2) Amendments to the following divisions take effect on January 1, 2004: OAR 213-001-0000 and 0005; 213-003-0001(14), (15), (16); 213-005-0001, 0004, and 0007; 213-011-0003; 213-017-0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, and 0011, and 213-018-0038, 0050, and 0090; and 213-019-0007, 0008, 0010, 0011, 0012, and 0015. (3) Adoption of rules OAR 213-018-0047 and 0048 take effect on January 1, 2004. Statutory/Other Authority: ORS 137.596, 137.667, 421.412, 475.986, 475.998 & 811.707 Statutes/Other Implemented: ORS 137.667 - 137.669 & 2001 OL Ch. 147, 387, 502, 510, 615, 635, 696, 737, 804, 828, 857, 870, 884, 919, 926 & 2003 OL Ch. 383, 453, 464, 484, 543, 550, 577, 632, 633, 804 & 815 History: CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04 CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02 CJC 1-1999, f. & cert. ef. 11-1-99 CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97 CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-001-0005 SSGB 1-1988, f. & cert. ef. 11-16-88
213-001-0010 Drug Court Grant Procedure (1) For grants exceeding $10,000.00, CJC shall use a written solicitation to obtain grant applications. For grants up to and including $10,000.00, CJC may use alternate methods of selection. (2) CJC may negotiate with an applicant to clarify its application or to effect modifications that will make the application acceptable or make the application more advantageous to CJC. (3) CJC shall award grant funds to applicants based on criteria set forth in the solicitation. CJC, in its sole discretion, shall determine the number of grants to be awarded. In awarding grant funds, CJC may consider the merits of each solicitation, the geographic distribution of awardees, and other factors determined to be relevant by CJC. (4) CJC may, in its sole discretion, waive solicitation requirements or cancel any solicitation in whole or in part if it deems such action to be in the best interests of the Commission. (5) CJC may amend a grant awarded under this rule. (6) The provisions of this rule shall apply retroactively to January 1, 2006. Statutory/Other Authority: ORS 136.656 Statutes/Other Implemented: ORS 3.450 & 137.656 History: CJC 4-2007, f. 12-31-07, cert. ef. 4-12-08 CJC 2-2007(Temp), f. & cert. ef. 10-15-07 thru 4-11-08