justicedao/ipfs_state_laws huggingface dataset:
180-001-0004 Definitions Definitions under these rules are consistent with ORS 192.311 Definitions for ORS 192.311 to 192.478. (1) “Advocate” means the Public Records Advocate or the Deputy Public Records Advocate as their designee; (2) “Eligible parties” are party to facilitated dispute resolution under ORS 192.464 and include the following: (a) A requester who seeks to inspect or receive copies of public records from a state agency if the person: (A) Has been denied access to all or a portion of the records being sought; (B) Has been denied a fee waiver or reduction in fees after asserting under ORS 192.324(5) that a fee waiver or reduction of fees is in the public interest; or (C) Received a written fee estimate under ORS 192.324 (Copies or inspection of public records) (4) that the person believes exceeds the actual cost to be incurred by the public body in producing the requested records. (b) A state agency if, in response to a request for public records, the agency asserts: (A) That the records being sought are not public records; (B) That the records being sought are exempt from mandatory disclosure; or (C) That the agency is, under ORS 192.324 (Copies or inspection of public records), entitled to the fees the agency is seeking to produce the records being requested. (c) A requester who seeks to inspect or obtain copies of public records from a city; (d) A “city” as used in this section, is consistent with the definition provided in ORS Chapter 221 (Organization and Government of Cities) and means a city incorporated under ORS 221.020 to 221.100 or proposed to be incorporated. (3) “Facilitated dispute resolution” mean the process for resolving disputes by which the Advocate, serving as an independent neutral third person, assists two or more eligible parties to a public records controversy in reaching a resolution. (4) “The Office” means the Office of the Public Records Advocate; (5) “Public body” includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any officer, board, department, commission, council or agency thereof, and any other public agency of this state; (6) “Requester” means any individual or organization defined as a “person” under ORS 192.311(3) seeking public records from a public entity; (7) “State agency” means: (a) Any state officer, department, board or commission created by the Constitution or statutes of this state; (b) Does not include: (A) The Legislative Assembly or its committees, officers and employees; or (B) The Judicial Department or its officers and employees. Statutory/Other Authority: ORS 192.464 & ORS 192.468 Statutes/Other Implemented: ORS 192.464 & ORS 192.468 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0005 Facilitated Dispute Resolution Policy (1) It is the policy of the Office of the Public Records Advocate to provide timely facilitated dispute resolution services in compliance with the letter and spirit of Oregon’s public records law, contained in ORS Chapter 192. (2) The dispute resolution process is framed by procedures provided under ORS 192.464, relevant state statutes and regulations, the Office’s administrative rules and policies, and the Oregon Administrative Procedures Act. (3) Consistent with ORS 192.464 and 192.468, the Advocate possesses sole discretion over the process, procedure, and conduct of facilitated dispute resolution under this section. Statutory/Other Authority: ORS 192.464 & ORS 192.468 Statutes/Other Implemented: ORS 192.464 & ORS 192.468 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0007 Standards of Conduct for Eligible Parties (1) Eligible parties to the facilitated dispute resolution process must engage the Advocate and the other parties in good faith for the duration of the process. A party’s good faith effort to participate in the dispute resolution process can be demonstrated by the following non-exhaustive conduct: (a) Maintaining an open channel of communication with the Advocate and the Office; (b) Responding in a timely manner to requests for information from the Advocate; (c) Honestly and fairly deal with the Advocate and with other parties; (d) Complying with applicable public records law; and (e) Not seeking to unreasonably delay the dispute resolution process by refusing to cooperate or intentionally withholding information that is helpful to the resolution of the public records dispute. (2) The failure of an eligible party to comply with subsection (1) may result in termination of the facilitated dispute resolution process or, if the process has not yet begun, the Advocate’s determination that the proceeding will not commence. Such a determination by the Advocate is final. Furthermore, the Advocate may choose to refuse to offer subsequent facilitated dispute resolution services to a party that has failed to comply with subsection (1) until the party has stated in writing its willingness to comply with this section. (3) Consistent with the Office’s Diversity, Equity, and Inclusion Plan, the Advocate is committed to ensuring equitable access to information and resources to all parties and will strive to eliminate barriers, address disparities, foster inclusivity, and honor diverse perspectives in the course of providing facilitated dispute resolution services. The Advocate shall provide facilitated dispute resolution services with the following guidelines for conduct: (a) Practice active listening, empathy, and validation; (b) Be sensitive to and aware of cross-cultural issues; (c) Maintain neutrality; (d) Identify and reframe interests and issues; (e) Establish trust and respect; and (f) Use techniques to achieve agreement, including creating a climate conducive to resolution, identifying options, working toward agreement, and reaching consensus. Statutory/Other Authority: ORS 192.464 & ORS 192.468 Statutes/Other Implemented: ORS 192.464 & ORS 192.468 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0008 Remedies Available Under Facilitated Dispute Resolution (1) A records requester that is party to the facilitated dispute resolution may request the Advocate to determine whether a state agency has engaged in good faith in the facilitated dispute resolution process, as described in 180-001-0006 and 180-001-0007. The failure of a state agency to engage in good faith in the facilitated dispute resolution process after a public records requester seeks facilitated dispute resolution services shall be grounds for the award of costs and attorney fees to the public records requester for all costs and attorney fees incurred in pursuing the request after a good faith determination by the Advocate. (2) A state agency that is a party to the facilitated dispute resolution may request the Advocate to determine whether the records requester has engaged in good faith in the facilitated dispute resolution process, as described in 180-001-0006 and 180-001-0007. A finding that a records requester has failed to engage in good faith in the dispute resolution process shall be grounds for the state agency to deny the request and refuse to disclose the requested records. (3) Remedies under this section are not available to persons seeking to inspect or obtain copies of public records from a city. Statutory/Other Authority: ORS 192.464 & ORS 192.468 Statutes/Other Implemented: ORS 192.464 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0009 Outcomes of facilitated dispute resolution (1) If the facilitated dispute resolution results in an agreement between the parties, the Advocate shall prepare a written document memorializing the agreement. (a) The written agreement shall be executed by the public records requester and an authorized representative of the state agency or city. (b) The written agreement shall control the resolution of the records request. (2) If the facilitated dispute resolution does not result in an agreement between the parties, the Advocate may draft a report summarizing the outcome of the dispute resolution process and make the report available to the parties. (a) The report will include the Advocate’s determination and order concerning whether a party is acting in good faith, if such a finding has been made. (b) The report will include the Advocate’s determination and order granting any remedies under ORS 192.464(4). Statutory/Other Authority: ORS 192.464 & ORS 192.468 Statutes/Other Implemented: ORS 192.464 & ORS 192.468 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0010 Notice of Agency Decision A determination by the Advocate that a party failed to engage in good faith facilitated dispute resolution and application of the remedies available under ORS 192.464(4) shall be issued in writing to the parties, consistent with the procedure set forth in ORS 183.484. Statutory/Other Authority: ORS 192.464 & ORS 192.468 Statutes/Other Implemented: ORS 192.464 & ORS 183.484 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0011 Reconsideration – Orders in Other than Contested Case (1) An eligible party entitled to judicial review under ORS 183.484 of a final order in other than a contested case may file a petition for reconsideration of the Advocate’s findings within 21 calendar days after the date of the order. A copy of the petition shall also be delivered or mailed to all other eligible parties to the dispute resolution. (2) The petition shall set forth the specific grounds for reconsideration. The petition may be supported by a written argument. (3) The petition may be granted or denied by summary order. (4) Consistent with ORS 183.484(2), if the Advocate takes no action within 60 days after a petition for reconsideration is served to the agency, the petition shall be deemed denied. (5) Within 30 calendar days after the date of the order, the agency may, on its own initiative, reconsider the final order. If petition for judicial review has been filed, the agency must follow the procedures set forth in ORS 183.484(4) before taking further action on the order. The procedural and substantive effect of granting reconsideration under this subsection shall be identical to the effect of granting a party’s petition for reconsideration. (6) Reconsideration shall not be granted after the filing of a petition for judicial review, unless permitted by the court. (7) A final order remains in effect during reconsideration until stayed or changed. (8) Following reconsideration, the agency shall enter a new order, which may be an order affirming the existing order. Statutory/Other Authority: ORS 192.464 & ORS 192.468 Statutes/Other Implemented: ORS 183.484, ORS 192.464 & ORS 192.468 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0012 Judicial review of Advocate’s good faith findings The Advocate’s determination that a party has failed to engage in good faith facilitated dispute resolution and an award of costs and attorney fees are subject to review by the Circuit Court of Marion County as a proceeding under ORS 183.484 (Jurisdiction for review of orders other than contested cases). Statutory/Other Authority: ORS 192.464 Statutes/Other Implemented: ORS 192.464 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
180-001-0013 Confidentiality of facilitated dispute resolution communications and agreements (1) Consistent with ORS 192.472, written records, documents, notes or statements of any kind prepared for or submitted to the Public Records Advocate, prepared by the Advocate and Deputy, or exchange between parties seeking a facilitated dispute resolution are subject to ORS 36.220 to 36.238. (2) For the purposes of this rule: (a) “Facilitated dispute resolution agreement” means an agreement arising out of facilitated dispute resolution, including any term or condition of the agreement. (b) “Facilitated dispute resolution communications” means the same as “mediation communication” for the purposes of these rules and consist of: (A) All communications that are made, in the course of or in connection with facilitated dispute resolution, to the Advocate, the Deputy, and eligible parties; and (B) All memoranda, work product, documents and other materials, including any draft facilitated dispute resolution agreement, that are prepared for or submitted in the course of or in connection with facilitated dispute resolution or by the Advocate, Deputy, or eligible parties. (3) The Office of the Public Records Advocate adopts the Model Rule of Confidentiality and Inadmissibility of Mediation Communications set out in OAR 137-050-0052. (4) Consistent with ORS 36.226(2), if a city is an eligible party to facilitated dispute resolution, the city may adopt a policy that provides that all or part of facilitated dispute resolution communications will not be confidential. If a city adopts such a policy under this subsection, notice of the policy must be provided to all other eligible parties and to the Advocate. If no such policy exists, OAR 137-050-0052 shall apply. Statutory/Other Authority: ORS 192.464, ORS 192.468 & ORS 192.472 Statutes/Other Implemented: ORS 192.464 & ORS 192.472 History: PRA 1-2025, adopt filed 10/24/2025, effective 11/01/2025
198-001-0000 Notice to Interested Persons of Agency Action Concerning Rules Prior to adoption, amendment, or repeal of rules regarding comparability of the value of work as defined in ORS 292.951(1), the Judicial Department shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days prior to the effective date. (2) By mailing a copy to persons who have requested place­ment on the Department’s mailing list established pursuant to ORS 183.335(7). (3) By mailing a copy of the notice to the following persons, organizations, or publications: (a) The Associated Press; (b) United Press International; (c) Administrator, Executive Department, Personnel and Labor Relations Division; (d) Personnel Director, Legislative Administration Com­mittee. Statutory/Other Authority: ORS 292.956 Statutes/Other Implemented: ORS 292.956 History: JDG 2-1988, f. & cert. ef. 6-17-88
198-001-0005 Model Rules of Procedure The Judicial Department Personnel Division, pursuant to rulemaking authority granted to the Chief Justice of the Supreme Court and in accordance with ORS 183.341, adopts, by reference, Division 1 of the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act. This adoption applies only to rules required by ORS 292.956. Statutory/Other Authority: ORS 183.341 & 292.956 Statutes/Other Implemented: ORS 292.956 History: JDG 1-1988, f. 4-15-88, cert. ef. 4-20-88
198-001-0010 Determining the Comparability of the Value of Work (1) The authority for this rule is found in ORS 1.002 and 292.956. (2) Definitions: (a) Comparability of the value of work: The value of work measured by the needs of the employer an the knowledge, com­pos­ite skill, effort, responsibility, and working conditions required in the performance of the work; (b) Hay Method: The Hay Guide Chart-Profile Method of job evaluation. (3) Use of the Hay Method of Job Evaluation: The Judicial Department shall use the Hay Method of job evaluation to deter­mine the comparability of the value of work. This methodology measures the knowledge, composite skill, effort, responsibility, and working conditions required in the performance of work. (4) Job Evaluation Factors: The Judicial Department shall apply the following Hay Method job evaluation factors: (a) Know-how, which measures the various types and levels of every kind of knowledge and skill, however acquired necessary to perform the work of the classification. It encompasses: (A) The Knowledge base; (B) Managerial know-how; and (C) Human relations skills. (b) Problem-solving, which measures the complexity of the work. It encompasses: (A) The environment in which thinking takes place; and (B) The mental challenge required to perform the assigned work. (c) Accountability, which measures answerability for actions, the results of actions taken, and decisions made. It encompasses: (A) Freedom to act; (B) Impact of the job on end results of the organization; and (C) The magnitude of that impact. (d) Working conditions is a job context factor not common to each classification. This factor applies only when the duties assigned to a classification include those: (A) Requiring unusual sensory and/or muscular effort; (B) Exposing an individual to physically unpleasant and/or hazardous conditions; or (C) Causing exceptional nonphysical work demands such as time demands, role loading, and/or emotion loading. Statutory/Other Authority: ORS 240.190 & 292.956 Statutes/Other Implemented: ORS 240.190 & 292.956 History: JDG 3-1988, f. & cert. ef. 8-5-88
199-001-0000 Notice of Proposed Rule Prior to the adoption, amendments or repeal of any rule other than a temporary rule, the Oregon Government Ethics Commission will give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; (2) By mailing or e-mailing a copy of the notice to persons on the Oregon Government Ethics Commission's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; (3) By mailing or e-mailing 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; and (4) By mailing or e-mailing, or furnishing a copy of the notice to: (a) Oregon Common Cause; (b) League of Oregon Cities; (c) Association of Oregon Counties; (d) Capitol Club; (e) Oregon School Boards Association; (f) Special Districts Association of Oregon; (g) Confederation of Oregon School Administrators; (h) Director, Department of Administrative Services; (i) Capitol Press Room; (j) Associated Press; (k) State Court Administrator. (5) The Oregon Government Ethics Commission may update the mailing list described in section two 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 the Commission sends the request, the Commission 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 e-mailing address to which notice may be sent. Statutory/Other Authority: ORS 244.290 & 183.341 Statutes/Other Implemented: ORS 183.335 & 183.341 History: GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10 GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99 EC 8, f. & ef. 12-24-75
199-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Oregon Government Ethics Commission adopts the Attorney General's Model Rules of Procedure, July 2019 version, as its rule of procedure. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the agency at https://www.doj.state.or.us/oregon-department-of-justice/client-resources/attorney-general-model-rules/ Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 183.341 History: GEC 5-2021, minor correction filed 06/30/2021, effective 06/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10 GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99 EC 1-1990, f. 7-31-90, cert. ef. 7-26-90 EC 1-1982, f. & ef. 3-2-82 EC 11, f. & ef. 7-28-76 EC 1(Temp), f. 1-2-75, ef. 1-25-75 thru 5-25-75
199-001-0007 Commission Funding (1) Pursuant to ORS 244.255, the Commission will charge assessments to public bodies in state government, local governments, local service districts and special government bodies that are subject to the Municipal Audit Law: (a) Public bodies in state government are assessed one-half of the Commission’s legislatively approved budget for the biennium, based upon their number of Full Time Equivalent (FTE) employees. (b) Local Governments, local service districts and special government bodies that are subject to the Municipal Audit Law will be assessed the remaining half of the Commission's legislatively approved budget for the biennium, according to the criteria set out in ORS 297.485. (2) All assessments will be collected through an annual billing from the state's Department of Administrative Services. Non-paying entities will receive a final notice that allows 30 days to remit the required payment. After 30 days, the account will be forwarded to the Oregon Department of Revenue for collection. Statutory/Other Authority: ORS 244.255 & 244.290 Statutes/Other Implemented: ORS 244.255 History: GEC 15-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
199-005-0003 Legislative or Administrative Interest Defined in ORS 244.020 (1) If the source of a gift has a legislative or administrative interest, any gift offered to a public official or candidate, a relative or member of a public official’s or candidate’s household, may only be offered and accepted under conditions set forth as permitted in ORS Chapter 244. If, however, the source of a gift does not have a legislative or administrative interest, gifts are not restricted or prohibited. (2) “Decision” as used in ORS 244.020(10)(a) and (b) means an act that commits the public body to a particular course of action within the public official’s scope of authority and that is connected to the source’s economic interest. A decision is not a recommendation or work performed in an advisory capacity. The following examples illustrate the types of acts that are considered to be “decisions”: (a) An employee makes a decision when issuing or denying a permit. (b) An enforcement employee makes decisions on whether to cite, warn or arrest. (c) An employee who approves contracts makes a decision on a contract. (d) An employee who commits their public body’s funds for goods and services, such as office supplies, makes a decision. (e) Should a chief executive officer, director or manager with authority to make a final decision on a matter delegate the decision to a subordinate, the chief executive officer, director or manager would retain responsibility as the final decision maker. The subordinate has also made a decision. (3) As required by ORS 244.050, any public official or candidate who completes an Annual Verified Statement of Economic Interest (SEI) form will apply the meaning of “decision” in OAR 199-005-0003(2) when identifying a legislative or administrative interest held by any creditor, debtor, business or person, or entity that paid a service fee when listing the information required by ORS 244.060 and 244.070. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.020, 244.025, 244.040 & 244.060 History: GEC 2-2021, minor correction filed 06/29/2021, effective 06/29/2021 GEC 2-2010, f. 3-12-10, cert. ef. 3-15-10 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10