justicedao/ipfs_state_laws huggingface dataset:
114-005-0000 Access to Long-Term Care Facilities (1) Upon entering a long-term care facility, the Ombudsman or designee shall present identification provided by the Ombudsman Program to the specified staff person and request that the Ombudsman or designee be directed to the person in charge. The Ombudsman or designee shall show I.D. to the person in charge. If the person in charge is not available, the Ombudsman or designee may proceed to fulfill the Ombudsman or designee’s duties. (2) The Ombudsman or designee is not required to inform the long-term care facility of the specific nature of the visit. The Ombudsman or designee may generally inform the long term care facility as to whether or not the visit is a routine visit or complaint investigation, but shall not offer any information that would enable a person to determine the name of the complainant, witness or witnesses or alleged victims. (3) The Ombudsman or designee is not required to give prior notification before visiting a long-term care facility. (4) The Ombudsman or designee is not required to conform to any policy of a long-term care facility that in any way limits access rights established by ORS 441.117 and this rule. (5) During any visit to a long-term care facility, the Ombudsman or designee shall have access, without accompaniment of long term care facility staff, to all public or common areas and to resident rooms with the consent of the resident or the resident’s legal guardian. For the purpose of investigating or resolving complaints, the Ombudsman or designee shall have access to laundry rooms, kitchens, linen closets, shower rooms and other service areas of a long term care facility that are relevant to any matter under investigation. (6) The Ombudsman or designee may obtain access to a long-term care facility at any time considered necessary and reasonable by the Ombudsman or designee for the purpose of performing the duties of the Ombudsman or designee. Statutory/Other Authority: ORS 441 History: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89
114-005-0010 Access to Resident (1) The Ombudsman or designee may communicate privately with any consenting resident. The Ombudsman and designee shall have access to each resident in private to determine if the resident wishes to communicate with the Ombudsman or designee. The resident’s refusal to communicate with the Ombudsman or designee shall not be relayed by an intermediary. In a multi-bed room, a resident’s refusal to communicate with the Ombudsman or designee shall not keep the Ombudsman or designee from entering or communicating with other residents. If the resident’s room does not permit private consultation to occur between the Ombudsman or designee and resident, or if such consultation infringes upon the rights of roommates, then the facility shall provide an appropriate private place for such meetings. The resident(s) and the Ombudsman or designee may also meet in any common area of the facility unless their presence there would infringe upon the privacy or other rights of other residents. (2) When encountering a closed door the Ombudsman or designee shall knock and listen for a response. If there is no response, the Ombudsman or designee may open the door and announce his/her presence as entering. If residents are observed in a situation or condition requiring privacy, the Ombudsman or designee shall excuse themselves and close the door upon exiting. (3) When encountering a closed privacy curtain, the Ombudsman or designee shall request permission from the resident to enter the curtained area. If the resident does not respond, the Ombudsman or designee shall request that staff of the long-term care facility determine if the resident is asleep or receiving treatment or services. If the resident is sleeping or receiving treatment or services, the Ombudsman or designee may not enter the curtained area. If the resident is not sleeping or receiving treatment or services, the Ombudsman or designee may enter the curtained area to determine if the resident wishes to communicate with the Ombudsman or designee. Statutory/Other Authority: ORS 441 History: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89
114-005-0020 Reporting the Investigation Upon completion of an investigation, the Ombudsman or designee shall report, either verbally or in writing, opinions or recommendations to the administrator or other staff in charge, his/her designated representative, and affected parties. Findings and conclusions from the investigation may be reported, verbally or in writing, provided the report complies with all confidentiality requirements and does not jeopardize the integrity of any related investigation. Statutory/Other Authority: ORS 441 History: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89
114-005-0030 Access to Records (1) The Ombudsman or designees shall have access to any resident’s records with the written authorization of the resident or the resident’s legal guardian. If the resident has no legal guardian and is unable to consent, the Office of the Long-Term Care Ombudsman may subpoena the resident’s records for the purpose of complaint investigation and resolution. (2) The Ombudsman and designee shall have access to long-term care facility records that relate to an investigation. Such records include: (a) Incident reports; (b) Staff plans; (c) Survey inspection reports; (d) Time Cards; (e) Facility licenses; (f) Staff licenses; and (g) Employee schedules. (3) When the Ombudsman or designee is investigating a complaint and is refused access to records authorized by this rule, the Office of the Long-Term Care Ombudsman may issue a subpoena which requires a person to appear to give testimony or to produce documents. If a person fails to comply with the subpoena, the Office of the Long-Term Care Ombudsman may request a court to take appropriate action. Statutory/Other Authority: ORS 441 History: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89
114-005-0040 Confidentiality of Records (1) The identity of residents, complaints or person providing information on behalf of the resident or complainant shall be confidential and shall not be disclosed unless: (a) The resident or resident’s legal representative gives written consent that the resident’s identity may be disclosed and specifies to whom the disclosure may be made; (b) The complainant or the complainant’s legal representative gives written consent that the complainant’s identity may be disclosed and specifies to whom the disclosure may be made; (c) The person providing information on behalf of the resident or complainant gives written consent which states that the person’s identity may be disclosed and specifies to whom the disclosure may be made; or (d) A court orders disclosure. (2) No Ombudsman or designee who gains access to a resident’s records shall discuss or disclose information in the records or disclose the identity of a resident, a complainant or a person providing information on behalf of a resident to any person not associated with the Ombudsman Program unless the conditions of section (1) of this rule are met. (3) Information obtained by the Ombudsman Program may be used by the Ombudsman Program for the preparation and disclosure of statistical, case study, or other data provided that the identities of specific individuals are not disclosed. Statutory/Other Authority: ORS 441 History: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89
114-006-0000 Interference with Ombudsman Program (1) No person shall willfully interfere with the performance of the Ombudsman or a designee’s official duties. (2) Individuals interfering with the Ombudsman or designee’s official duties will be referred to the appropriate agency for sanctions or other actions. Statutory/Other Authority: ORS 441 History: LTCO 1-1989, f. 1-19-89, cert. ef. 2-1-89
115-001-0000 Notice of Proposed Rule (1) Before permanently adopting, amending, or repealing any rule, the Employment Relations Board shall give notice of the intended action: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule. (b) By delivering a copy of the notice to persons on the Employment Relations Board's mailing list established pursuant to ORS 183.335(8). (c) By delivering a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule. (2) The Employment Relations Board may update the mailing list described in subsection (1)(b) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within 28 days of the date that the Employment Relations Board sends the request, the Employment Relations Board will remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list upon request, provided that the person provides a mailing address or email address to which the notice may be sent. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 183.341(4) History: ERB 2-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 1-1994, f. 6-23-94, cert. ef. 7-1-94 ERB 2-1993, f. & cert. ef. 12-15-93 ERB 3-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-001-0005 Model Rules of the Attorney General The Employment Relations Board adopts only the Attorney General’s Model Rules of Procedure specifically identified in these rules. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedures is available from the agency.] Statutory/Other Authority: ORS 183.341, 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 183.341, 240 & 243 History: ERB 2-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1994, f. 6-23-94, cert. ef. 7-1-94 ERB 3-1985, f. 10-29-85, ef. 10-1-85 ERB 2-1982, f. & ef. 1-21-82 ERB 1-1980, f. & ef. 1-9-80
115-010-0000 Purpose of Rules The purpose of these rules is to implement and give effect to the provisions of state law in achieving the following objectives: (1) To provide uniform procedures to resolve questions of representation, unit clarification and deauthorization. (2) To remedy statutorily defined unfair labor practices. (3) To render assistance to employers and employee organizations in resolving their differences without resort to strikes, lockouts or other forms of conflict. (4) To foster and protect a merit system of personnel administration in state government. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0005 Statutory Authority for Rules These rules are adopted under the authority provided by ORS 240.086(3) and 243.766(7). Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 1-1980, f. & ef. 1-9-80
115-010-0012 Computation of Time Unless otherwise specifically provided in these rules, time will be computed by excluding the first day and including the last day unless the last day falls upon a legal holiday, Saturday, or a day when the office is closed before the end of or all of the normal workday, in which case the last day also is excluded. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 4-2011, f. 12-28-11, cert. ef. 12-29-11 ERB 2-2011(Temp), f. 8-25-11, cert. ef. 9-1-11 thru 12-31-11 ERB 1-1980, f. & ef. 1-9-80
115-010-0020 Board Meetings and Contested Case Hearings Ordinarily, contested case hearings shall be open to the public. When circumstances warrant, the Board may close contested case hearings. The Board shall meet at such times and places as specified by the chair or at the request of two members of the Board. Advance notice of the time and place of each meeting shall be given to each Board member. Two members shall constitute a quorum. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 192.610 - 192.690 & 240.080 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 1-1980, f. & ef. 1-9-80
115-010-0025 Record of Public Meetings Any minutes of Board public meetings and proceedings shall be approved by the Board. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0032 Board Public Records (1) Inspection. Any record of the Board that is defined as a public record under ORS 192.410 to 192.505, and that is not exempt from disclosure, shall be available for inspection by members of the public at the office of the Board, in Salem, Oregon. All requests for inspection or copies of Board public records must be made in writing. Inspection of such records will be permitted: (a) During normal work hours of the Board; and (b) At reasonable times, provided there is no undue disruption of the work of the Board or its agents. (2) Custodians and Certification: (a) The Board’s Business Operations Administrator is designated as the custodian of Board public records. (b) The custodian shall certify, upon request, released copies of Board public records as true copies. (3) The Board may assess a fee to provide public records. The requesting party must agree to pay the fee before the records will be made available. The amount of the fee will be the actual cost to locate, compile, make available for inspection, prepare copies (whether in paper, audio, microfilm, machine readable format, or other format), and deliver the public records. (4) The actual cost described in section (3) of this rule include: (a) $1.50 per page for copies of any Board transcript or document of public record that is certified as a true copy; (b) $0.25 cents per page for copies of documents that are not certified, including paper, electronic, or facsimile copies; (c) $15 for a copy of the first compact disk (CD) recording of a hearing and $10 for each subsequent CD; (d) $15 for a computer disk containing copies of Board forms; (e) $150 per calendar year to receive copies of final Board Orders once a month; and (f) $150 per calendar year to receive a copy of arbitration awards. (5) No fees will be charged to state agencies for providing copies of Board transcripts, tapes, Orders or any document or exhibit included in a case record that is not exempt from disclosure. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 192 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-2007, f. 12-17-07, cert. ef. 12-26-07 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 2-1993, f. & cert. ef. 12-15-93 ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89 ERB 1-1988, f. & cert. ef. 4-25-88 ERB 4-1985, f. 10-29-85, ef. 10-31-85 ERB 4-1980, f. 8-15-80, ef. 8-18-80
115-010-0033 Filings and Service of Documents (1)(a) Any document required or allowed to be filed with the Board or served on a party may be filed or served by mail, email, facsimile (fax), in person, or through the Board’s online case management system. The Board shall post on its website the street address for personal delivery, the mailing address for filing by mail, the telephone number for filing by fax, the email address to be used for email filing, and the website address for the online case management system. (b) A complaint or answer will not be considered filed until the filing fees required by ORS 243.672(6) have been paid. (c) The Board will charge $25 for each facsimile filing. (d) If a physical document is filed at the Board’s office (e.g., by mail or other delivery service) and received by the Board by 5:00 p.m. Pacific Time on a business day, then the document is considered to be filed on that business day. A physical document received after 5:00 p.m. Pacific Time is considered to be filed on the following business day. If a document is filed by email, fax, or the Board’s online case management system, and the Board’s record indicates that the Board received the document on or before 11:59 p.m. Pacific Time on a business day, then the document is considered to be filed on that business day. Midnight is considered the beginning of the following day. A document filed by any means on a non-business day is considered to be filed on the following business day. (e) Fax filing is considered complete upon receipt of the entire fax transmission by Board. The time of receipt indicated by the Board's fax machine constitutes the time of receipt. (f) Filing by email or the online case management system is considered complete upon receipt of the entire electronic transmission by the Board. The Board's metadata created by the successful transmission of the email or the online case management system filing constitutes the time of receipt. (2)(a) Unless otherwise stated in these rules or directed by the Board or Board Agent, the filing party must serve all documents filed with the Board on the named parties or a representative of record, and the filing party must include proof of service with the filing. (b) If a party to a case is not using the Board’s online case management system, the other parties shall serve documents on that party by other means authorized by OAR 115-010-0033(1)(a). (c) When the parties have a simultaneous filing deadline for a post-hearing brief or memorandum in aid of oral argument, the filing party is not responsible for serving the filing on the other parties. Instead, the Board will serve a copy of the post-hearing brief or memorandum in aid of oral argument on the other parties, after the filing deadline has passed. The Board or Board Agent may designate additional documents for filing and service under this provision. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 6-2021, minor correction filed 12/01/2021, effective 12/01/2021 ERB 5-2021, amend filed 10/26/2021, effective 12/01/2021 ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17
115-010-0035 Use of Board Agents The Board may assign a Board Agent to hold any hearing that the Board is authorized to hold. Typically, the Board will assign an Administrative Law Judge (ALJ) as the Board Agent to conduct hearings and issue Recommended Orders. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0040 Time, Place, and Notice of Hearings (1) The Board Agent shall set the time and place for hearing and serve a notice of hearing containing such information on all interested parties at least ten days before the hearing date, unless otherwise agreed to by the parties. (2) The notice is not a part of the hearing record, and any party wishing to rely on a notice as an exhibit shall make an appropriate submission at the hearing. (3) Notice for Hearings on Representation Petitions under Division 25. When a valid petition has been filed and objections or intervening petitions have been timely filed, the hearing generally will be held within 21 days after the objection period ends. In addition to the requirements of subsection (1) of this section, the notice shall include: (a) a description of any proposed bargaining unit(s) that may be involved; and (b) any objector(s) or intervenor(s). (4) Notice for Hearings on Complaints under Division 35. The hearing will be set within 20 days from the date of service of the complaint, unless both parties agree to a later date, and the Board Agent approves. (5) Postponements. Postponement requests are subject to the approval of the Board or Board Agent, who may also postpone a scheduled hearing, subject to the time restrictions of section (4) of this rule. In determining whether to grant a postponement request, the Board or Board Agent will consider the promptness of the request. Any postponement request shall state: (a) the reason for the request; and (b) whether the other party agrees, objects, or has no objection to the request. (6) Consolidation or Severance of Cases. The Board or Board Agent may consolidate or sever cases or charges for purposes of conducting a hearing or issuing a Recommended Order. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0043 Hearings by Electronic Devices (1) The Board or Board Agent has the discretion to conduct a hearing or portion of a hearing by an electronic device, such as telephone, video, and Internet devices. (2) A party seeking to have a hearing or to offer evidence by an electronic device shall make the request at least ten days before the scheduled hearing date. Less notice may be allowed, if the Board or Board Agent determines that there is good cause for the late notice. (3) In determining whether to grant a request that all or part of a hearing be conducted by an electronic device, the Board or Board Agent shall consider the circumstances of the particular case including: (a) The amount of notice given; (b) The availability of equipment; (c) The length of hearing; (d) The amount of documentary evidence to be utilized during the proposed testimony; (e) The number and location of witnesses; (f) The degree to which witness credibility is at issue; (g) The hardship on the parties or witnesses; (h) Any objections of an opposing party; and (i) The cost to the Board. (4) The Board may conduct oral argument, under OAR 115-010-0095, or conduct other business through hearings held by an electronic device. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2000, f. & cert. ef. 12-1-00 ERB 2-1993, f. & cert. ef. 12-15-93 ERB 1-1982, f. & ef. 1-19-82
115-010-0045 Motions (1)(a) A request for any ruling, order, or other relief may be made by filing a typewritten motion. The motion need not be in any particular form. (b) Motions to Intervene. Any motion to intervene must be filed with the Board or Board Agent at least seven days before the hearing. The motion shall state the grounds on which the motion should be granted. The decision to grant or deny the motion rests within the discretion of the Board or Board Agent. A filing fee of $300 must be paid by the intervenor when the motion is filed. The motion will not be considered filed until the fee is paid. (2) Before filing any motion, other than a dispositive motion (e.g., a motion to dismiss), the moving party shall make a good-faith effort to confer with the non-moving party to seek resolution of the matter. The motion must describe all efforts and the result of the effort. (3) Any response to a motion must be filed within 14 days of the date the motion is served, unless another date is set by the Board or Board Agent. (4) A reply from the moving party to the response is allowed only when requested or authorized by the Board or Board Agent. (5) Motions made at hearing may be stated orally on the record, and shall briefly identify the grounds for the motion and the order or relief sought. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 1-1980, f. & ef. 1-9-80