justicedao/ipfs_state_laws huggingface dataset:
115-060-0030 Intervention (1) An employee, a group of employees or an individual or labor organization acting in their behalf may intervene as a candidate for representation of the bargaining unit if it files a motion to intervene and supports its motion with a showing of interest of ten percent of the employees in the bargaining unit. A labor organization may intervene for the purpose of representing a bargaining unit of employees different than that sought by the petitioner, but including some of the employees in the bargaining unit proposed by the petitioner. In such case, it must file a motion supported by a showing of interest of 30% percent of the employees in its proposed unit. (2) A labor organization currently certified or recognized as the exclusive representative of all or a major portion of the employees in the requested bargaining unit will be included as a party in interest in any hearing on the petition and included on the ballot in any resulting election unless it files a disclaimer pursuant to OAR 115-060-0055(3). Statutory/Other Authority: ORS 240 & 243 Statutes/Other Implemented: ORS 663.025 History: ERB 12-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-060-0035 Consent Election Agreement The parties may waive a hearing and enter into a consent election agreement. Such agreement shall include a description of the bargaining unit, time and place of the election and the payroll period to be used in determining the employees eligible to vote. The bargaining unit set out in the consent agreement shall be deemed an appropriate bargaining unit when the consent agreement is approved by the Board or its agent. The parties may agree to a mail ballot election with the approval of the Board or its agent. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.025 History: ERB 1-1980, f. & ef. 1-9-80
115-060-0040 Hearing on Petitions; Notice; Conduct and Evidence When a valid petition has been filed and the parties, including timely objectors or intervenors, after a reasonable time, are unable to settle the issues raised by the petition in a manner approved by a Board agent, the matter shall be set for hearing. Ten days’ written notice of hearing shall be given to all parties. The notice shall include, but need not be limited to: (1) Notice: (a) A statement of the time, place and nature of the hearing; (b) A description of any proposed bargaining unit(s) which may be involved; (c) The name of the private employer, individual, labor organization, objectors and intervenors, if any; and (d) A statement of the legal authority and jurisdiction under which the hearing is being held. (2) Notice not Part of Record. The contents of the notice shall not be a part of the hearing record, and any party wishing to rely upon these as exhibits shall make an appropriate submission at the hearing. (3) Conduct and Evidence. Hearings under this section are considered investigatory. There is no burden of proof. Their purpose is to develop a full factual record to be considered by the Board. The rules of evidence for hearings conducted under this section shall be: (a) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible; (b) Irrelevant, immaterial or unduly repetitious evidence shall be excluded; (c) All offered evidence, not objected to, may be received by the Board agent subject to the Board agent’s discretion to exclude irrelevant, immaterial or unduly repetitious matter; (d) Evidence objected to may be received by the Board agent who will rule on its admissibility or exclusion when he/she issues a Recommended Order; (e) The Board agent shall determine the order of going forward with the evidence; and (f) See procedures set out in OAR 115-010-0035 through 115-010-0105. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.025 History: ERB 1-1980, f. & ef. 1-9-80
115-060-0045 Appropriate Bargaining Unit(s) (1) A bargaining unit may consist of all employees of the employer, craft unit, plant unit, or subdivision thereof, if found to be appropriate by the Board. See ORS 663.020(1)(a), (b) and (c) for statutory exceptions. (2) In considering whether a bargaining unit is appropriate, the Board shall consider such factors as community of interest (e.g., similarity of duties, skills, benefits, interchange or transfer of employees, promotional ladders, common supervisor, etc.), wages, hours and other working conditions of the employees involved the history of collective bargaining and the desires of the employees. The Board may determine a unit to be an appropriate unit although some other unit might also be appropriate. (3) Bargaining unit(s) shall not include statutory exclusions as defined in ORS 663.005(3)(a) through (i). Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.020 History: ERB 1-1980, f. & ef. 1-9-80
115-060-0050 Notice of Election; Improper Use of Notices (1) Notices of election shall be furnished by a Board agent to the private employer for suitable posting. Such notices shall set forth the details and procedures for the election, the appropriate unit, the employee eligibility period, and date(s), hour(s) and place(s) of the election and shall contain a sample ballot. The private employer shall promptly post notices in areas giving maximum access to affected employees. (2) The reproduction of any document purporting to be a copy of the Board’s official ballot, other than one completely unaltered in form and content and clearly marked “sample” on its face, which suggests either directly or indirectly to employees that the Board endorses a particular choice, may constitute grounds for setting aside an election upon objections properly filed or upon motion of the Board. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.030 History: ERB 1-1980, f. & ef. 1-9-80
115-070-0000 Filing an Unfair Labor Practice Charge (1) Who May File. An injured party may file a charge alleging that a person(s) has engaged in or is engaging in an unfair labor practice. Such charge shall be filed in triplicate with the Board on forms provided by the Board. (2) Content of Charge. The charge shall contain the following information: (a) The name and address of the person making the charge; (b) The name and address of the person(s) against whom the charge is made; (c) A description of the nature of the business involved; (d) A clear and concise statement of the facts constituting each alleged violation followed by the specific section and subsection of the law allegedly violated. Such statements shall include the names of persons committing specific complained of acts and the dates when such acts allegedly occurred; and (e) The signature of the person filing the charge. (3) Supporting Data. At the time the charge is filed, the charging party shall submit a written statement setting forth its version of the relevant facts, including names, dates, and places, together with any documentary evidence which may be relevant to the issues raised by the charge. (4) Service of Charge. Concurrent with the filing of the charge, the filing party shall serve a copy of the charge upon the person against whom the charge is made and certify such service to the Board. (5) Filing fee. A filing fee of $300 must be paid at the time the charge is filed. Charges that are filed without a filing fee are subject to dismissal for that reason. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 663.175 & 663.180 History: ERB 3-2011, f. 12-28-11, cert. ef. 12-29-11 ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11 ERB 3-2007, f. 12-17-07, cert. ef. 12-26-07 ERB 1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07 ERB 1-1980, f. & ef. 1-9-80
115-070-0005 Investigation of Charge A Board agent shall investigate the charge to determine if an issue of fact or law exists which warrants issuance of a complaint. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.180 History: ERB 1-1980, f. & ef. 1-9-80
115-070-0010 Action When Complaint Not Issued If investigation reveals that no issue of fact or law exists which warrants issuance of a complaint, the Board may decline to issue a complaint. Such declination shall be in writing explaining the grounds thereof. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.180 History: ERB 1-1980, f. & ef. 1-9-80
115-070-0015 Petition for Reconsideration The charging party shall have 14 days from the date of service to file objections to the declination to issue a complaint and request reconsideration by the Board. This request shall contain a complete statement setting forth the facts and reasons upon which the request for reconsideration is based. The charging party shall serve a copy of the request upon all parties of record in the case. The Board, at its discretion, may grant reconsideration. In reviewing a petition for reconsideration, the Board may set the issue for oral argument. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.180 History: ERB 1-1980, f. & ef. 1-9-80
115-070-0020 Issuance of Complaint and Notice of Hearing If it appears to the Board that proceedings on the charge should be instituted, it shall issue a cause to be served on all affected parties a formal complaint in the name of the Board and a notice of hearing before a Board agent at a place therein fixed and at a time not less than 20 days after service of the complaint and notice of hearing. The complaint and notice of hearing shall be served personally or by certified mail. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.180 History: ERB 1-1980, f. & ef. 1-9-80
115-070-0025 Withdrawal of Complaint Any complaint issued by the Board may be withdrawn by it prior to the hearing. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.185 History: ERB 1-1980, f. & ef. 1-9-80
115-070-0030 Amendment of Complaint A complaint may be amended by the Board at its discretion at any time before the issuance of an order based thereon. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.185 History: ERB 1-1980, f. & ef. 1-9-80
115-070-0035 Answer to the Complaint (1) Answer. The respondent shall have 14 days from date of service of the complaint in which to file an answer. All allegations in the complaint not denied by the answer, unless the respondent shall state in the answer that he/she is without knowledge, shall be deemed to be admitted to be true and shall be so found by the Board, unless good cause to the contrary is shown. The answer will be deemed sufficient if it generally denies all allegations of the complaint. Respondent shall specifically admit by way of answer any undisputed allegations and shall set forth any affirmative defenses. (2) Service of Answer. Upon filing an answer, the respondent shall serve a copy upon the charging party or his/her attorney of record. Proof of such service, setting forth the time and manner thereof, shall be filed with the answer. (3) Filing Fee. A filing fee of $300 must be paid by the respondent when the answer is filed. The answer will not be considered to be filed until the fee is paid. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 663.185(2) History: ERB 3-2011, f. 12-28-11, cert. ef. 12-29-11 ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11 ERB 3-2007, f. 12-17-07, cert. ef. 12-26-07 ERB 1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07 ERB 1-1980, f. & ef. 1-9-80
115-070-0040 Hearings Notice of Hearings: (1) Time and Place of Hearings. The time and place of hearing will be contained in the complaint and notice of hearing. (2) Postponements. Any party who desires a postponement shall promptly, upon receipt of notice of the hearing, make written request of the Board Agent for such postponement, stating the reason therefor in detail. The Board Agent, in considering a request for postponement, shall consider whether such request was promptly made. For good cause shown, the Board Agent may grant such postponement and may, at any time, order a postponement upon his/her own motion. (3) Consolidation or Severance of Cases. The Board Agent on motion of a party or on the Board Agent’s own motion may consolidate or sever cases or charges for purposes of hearing and/or issuance of a recommended order. Statutory/Other Authority: ORS 240 & 243 Statutes/Other Implemented: ORS 663.185 History: ERB 13-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-070-0045 Conduct of Hearings (1) General Procedure: (a) The Board Agent will open the hearing with a brief introduction of parties and issues; (b) Parties may make opening statements; (c) Parties may present evidence in support of their respective positions. Cross-examination of witnesses will be allowed opposing party(ies); (d) Parties may make closing arguments. (2) Conference During Hearings. In any proceedings, the Board Agent may, in his/her discretion, call the parties together for a conference prior to the taking of testimony or may recess the hearing for such conference to resolve evidentiary or procedural matters. The results of such conference shall be summarized on the record. (3) Stipulation as to Facts. The parties to any proceeding or investigation may, by stipulation, and subject to approval by the Board or its agent, agree upon the facts or any portion thereof involved in the controversy. Such stipulation shall be binding upon the parties thereto and may be used as evidence in the case. (4) Continuances. If it appears, on the motion of a party, that further testimony or argument should be received, the Board Agent may, in his/her discretion, continue the hearing. The date of such continued hearing may be fixed at the time of hearing or by later written notice to the parties. (5) Appearances. Parties shall enter appearances at the beginning of the hearing and give their names and addresses in writing to the Board Agent conducting the hearing who will include the same in the record. The Board Agent may, in addition, require appearances to be stated orally so that the identity and interests of all parties present will be known to those at the hearing. (6) Burden of Proof. The charging party shall have the burden of proof and shall also have the burden of going forward with the evidence. Respondent shall have the burden of proving affirmative defenses. Opportunity shall be afforded to all parties of record participating to examine each witness and to state objections to evidence offered. (7) Rules of Evidence. The rules of evidence applicable to civil actions shall apply. (8) Conduct at Hearing. All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. Demonstrations of any kind will not be permitted. Failure to comply with the Board Agent’s effort to maintain order are grounds for removal from the hearing. (9) Rights of Party not Answering or Failing to Specifically Deny an Allegation. A party that fails to answer a complaint or fails to deny an allegation will not be allowed to present or rebut evidence as to the facts alleged. However, the party may present legal argument. (10) Post-Hearing Briefs. When post-hearing briefs are permitted by a Board Agent, they must be filed within 14 days from the conclusion of the hearing. Extension of time for filing will be permitted only upon good cause shown. Statutory/Other Authority: ORS 240 & 243 Statutes/Other Implemented: ORS 663.185 & 663.190 History: ERB 13-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-070-0050 Motions; Intervention (1) Motions. All motions, including motions for intervention, shall be typewritten or, if made at the hearing, may be stated orally on the record and shall briefly state the order or relief sought and the grounds for such motion. Written motions shall be filed with the Board agent, together with proof of service of a copy thereof upon the other parties. (2) Motions to Intervene. Any person desiring to intervene in any proceeding shall make a motion for intervention no later than seven days before the date set for hearing, stating the grounds upon which such person claims to have an interest in the proceeding. The Board Agent may permit intervention to such extent and upon such terms as he/she may deem proper. (3) Filing Fee. A filing fee of $300 must be paid by the intervenor when the motion for intervention is filed. The motion will not be considered to be filed until the fee is paid. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 663.185(2) & ORS 663.190 History: ERB 3-2011, f. 12-28-11, cert. ef. 12-29-11 ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11 ERB 1-1980, f. & ef. 1-9-80
115-070-0055 Post-Hearing Procedures (1) Recommended Order. The Board agent shall prepare and serve on the parties a Recommended Order consisting of Rulings on Motions and Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended Order. (2) Objections to Recommended Order. The parties shall have 14 days from date of service of the Recommended Order to file specific written objections with the Board. (See also OAR 115-010-0090.) (3) Board Review: (a) Oral or Written Argument. If objections are filed to the Recommended Order, parties will be given an opportunity to present oral argument to the Board. If a party desires to submit written argument in lieu of oral argument, it must be filed with the Board and served on the parties not less than five days before the date set for argument. The party filing the written argument shall provide proof of service to the Board; (b) Memorandum in Aid of Oral Argument. If parties wish to submit written memorandum in aid of oral argument in addition to argument, it must be filed with the Board not less than five days before the date set for oral argument and copies must be served upon parties of record. Parties shall provide the Board with proof of service; (c) Review of Record. Review by the Board of a Board agent’s Proposed Rulings on Motions and Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended Order shall be confined to the record. The Order of the Board shall be in writing and shall be sent to the parties. (4) Petitions for Reconsideration or Rehearing. Petitions for reconsideration or rehearing shall be filed not more than ten days from date of service of the Order and shall state specifically the grounds thereof. The Board may, at its option, set such petitions for oral argument. (5) Service of Documents. All documents shall be served upon named parties unless there is a representative of record, in which case documents may be served on the representative. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.185 & 663.195 History: ERB 1-1980, f. & ef. 1-9-80
122-001-0000 Notice of Proposed Adoption, Amendment, or Repeal of Rules Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5), the Department of Administrative Services, Budget and Management Division, shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action; (2) By mailing a copy of the notice to persons on the Department of Administrative Service’s mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule. (ORS 183.335(1)(c); (3) By mailing notice to certain legislators at least 49 days before the effective date of the rule. (ORS 183.335(1)(d); and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) State Agency Administrators; and (c) The Capitol Building Press Room. Statutory/Other Authority: ORS 183 & 184 History: BMD 5-2003, f. & cert. ef. 10-24-03 BMD 1-1982, f. & cert. ef. 3-1-82
122-001-0005 Model Rules of Procedure The Department of Administration Services and the Chief Financial Office adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, as amended and effective January 1, 2024. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the agency.] Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: DCFO 2-2025, minor correction filed 10/16/2025, effective 10/16/2025 BMD 5-2003, f. & cert. ef. 10-24-03 BMD 1-1986, f. & cert. ef. 2-20-86 BMD 1-1983, f. & cert. ef. 10-11-83 ED 1-1982, f. & cert. ef. 1-11-82
122-040-0040 Definitions (1) For purposes of this rule, unless the context requires otherwise: (a) "State agency" has the meaning given that term in ORS 291.002; (b) "Director" means the Director of the Department of Administrative Services; and, (c) "Program" means an activity or a series of related activities that a state agency performs to fulfill its constitutional or statutory duties and that is identified, by name or otherwise with particularity, in: the Oregon Constitution or an Oregon law, including but not limited to a statute making appropriations to the state agency; a budget report and measure summary issued by the Legislative Assembly relating to the budget for the state agency that the Legislative Assembly most recently enacted into law or the Emergency Board most recently amended; a state agency performance measure developed under ORS 291.110, or link to an Oregon Benchmark approved under 285A.168(2). (2) For purposes of ORS 291.373, a state agency substantively changes a Program, i.e., makes a "substantive Program change," when the state agency: (a) Establishes a new Program, unless the Legislative Assembly provided for establishment of the Program by statute or anticipated establishment of the Program in a budget report and measure summary; (b) Eliminates an existing Program, unless the Legislative Assembly provided for elimination of the Program by statute or anticipated elimination of the Program in a budget report and measure summary; (c) Delays by six months or longer the legislatively planned establishment or elimination of a Program; (d) Makes changes to the operation or financing of a Program by: redesigning the Program so as to affect a class of client benefit levels or provider reimbursement levels, unless the redesign consists solely of adjustments of an ongoing nature or process that are described in written materials presented to the Legislative Assembly by the state agency during the most recent legislative session; implementing an executive order; redirecting more than 10 percent of the Program’s funding to another purpose as allowed by a relevant appropriation or expenditure limitation; or, otherwise makes changes to the operation or financing of a Program that the director determines affects one or more essential aspects of that Program. Statutory/Other Authority: ORS 291.373 Statutes/Other Implemented: ORS 291.373(2) History: BMD 8-2003, f. & cert. ef. 12-30-03 BMD 6-2003(Temp), f. & cert. ef. 11-10-03 thru 5-5-04
122-040-0050 Report Filing (1) No later than fourteen days after the conclusion of each calendar quarter, a state agency shall report on and describe to the director any substantive program changes made during that calendar quarter. (2) No later than thirty-five days after the conclusion of the calendar quarter, the director shall deliver a report on all substantive program changes made by state agencies during the calendar quarter, or deliver a report that no substantive program changes have been made during the calendar quarter, to the President of the Senate, Speaker of the House of Representatives, and the Legislative Fiscal Officer. (3) The director may develop reporting forms for purposes of state agency reports required under subsection (1) of this section. (4) A state agency need not submit a report to the director if it has not made any substantive program changes during the calendar quarter. Statutory/Other Authority: ORS 291.373 Statutes/Other Implemented: ORS 291.373(2) History: BMD 8-2003, f. & cert. ef. 12-30-03 BMD 6-2003(Temp), f. & cert. ef. 11-10-03 thru 5-5-04