justicedao/ipfs_state_laws huggingface dataset:
586-030-0076 Appeals (1) Any party may appeal the final order of the panel by filing a petition in the Court of Appeals in accordance with the statutory timelines following the date the final order is served or within the statutory timeline after denial of a petition for rehearing or petition for reconsideration. (2) The record will be made available to the parties for inspection, upon reasonable advance request and at a reasonable time and place, if there is an appeal of the final order. The record shall include the following items: (a) All pleadings, motions and intermediate rulings; (b) Evidence received or considered; (c) Stipulations; (d) Correspondence from and to parties or their legal counsel; (e) A statement of any ex parte communications on a fact in issue made to a panel member; (f) Any portion of the hearing record transcribed for the Panel (g) The reporting/recording firm telephone number and address; and (f) The Final Order. (3) All communications between legal counsel and the Panel members or Board representatives shall not be made available. Statutory/Other Authority: ORS 342.805 - 342.930 Statutes/Other Implemented: ORS 342.805 - 342.930 History: FDAB 2-2001, f. & cert. ef. 12-31-01
586-030-0080 Ex Parte Communications to the Panel (1) The panel shall give notice to all parties of ex parte communications. The notice shall include the substance of the communication, if oral, and if in writing, a copy, and whether the panel will consider the ex parte communication in deciding the case. (2) If notice is given that the communication will be considered, a party may request the panel to accept evidence, either by way of documentary rebuttal or schedule a limited hearing to receive evidence relating to the ex parte communication. (3) All documents and other evidence concerning ex parte communications shall be made a part of the official board record. Statutory/Other Authority: ORS 183 & 342 Statutes/Other Implemented: ORS 864 & OL 2001 History: FDAB 2-2001, f. & cert. ef. 12-31-01 FDAB 1-2001(Temp), f. & cert. ef. 7-13-01 thru 1-2-02 FDAB 1-1998, f. & cert. ef. 6-4-98 FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98
586-030-0085 Board Members, Representatives or Legal Counsel as Witnesses (1) No Board Member, representative of the Board or legal counsel to the Board shall be called or appear as a witness at a hearing on behalf of any party without the prior consent of the panel. (2) A request for such testimony shall be in writing and filed with the Executive Secretary to the Board at least ten (10) days before the scheduled commencement of the hearing. It shall state the: (a) Name and capacity with the board of the witness whose testimony is sought; (b) The specific area of testimony expected from the witness; and (c) An explanation of why the testimony is necessary for the party’s presentation. (3) The panel's ruling on the request may be given orally or in writing and shall be communicated to the parties in the most expeditious manner possible. The ruling shall be set forth in the final order in the case. Statutory/Other Authority: ORS 183 & 342 Statutes/Other Implemented: ORS 864 & OL 2001 History: FDAB 2-2001, f. & cert. ef. 12-31-01 FDAB 1-2001(Temp), f. & cert. ef. 7-13-01 thru 1-2-02 FDAB 1-1998, f. & cert. ef. 6-4-98 FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98
589-001-0000 Notice of Proposed Rule (1) Before permanently adopting, amending, or repealing any permanent rule, the Higher Education Coordinating Commission shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule; (b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the Commission’s mailing and e-mailing lists established pursuant to ORS 183.335(8); (c) 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 (d) By mailing or e-mailing a copy of the notice to persons, organizations, and publications identified by the Commission and established educational, student, and parent organizations that have submitted mailing or e-mailing addresses to the Commission. (2) Persons who wish to receive written or e-mailed copies of notices of proposed rulemaking from the Commission may write or e-mail the Commission and request that they be placed on the Commission’s mailing or e-mailing lists. (3) The Commission may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. 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 Commission’s mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-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 183.335, 183.341 (4) & ORS 350.375 Statutes/Other Implemented: ORS 183.335 History: CCWD 2-2025, minor correction filed 08/27/2025, effective 08/27/2025 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0000 EB 12-1991, f. & cert. ef. 7-19-91
589-001-0100 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Higher Education Coordinating Commission adopts the Attorney General's Model and Uniform Rules of Procedure as codified in the Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure Under the APA – 2024. [ED. NOTE: The full text of the Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure Under the APA – 2024 is available from the office of the Attorney General or the Higher Education Coordinating Commission.] Statutory/Other Authority: ORS 183.341 & ORS 350.075 Statutes/Other Implemented: ORS 183.341 History: CCWD 11-2025, amend filed 10/06/2025, effective 10/06/2025 CCWD 3-2023, amend filed 04/14/2023, effective 04/14/2023 CCWD 2-2023, amend filed 04/14/2023, effective 04/14/2023 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0006 EB 12-1991, f. & cert. ef. 7-19-91
589-001-0200 Establishing Fees for Public Records The Higher Education Coordinating Commission, through the Office of Community Colleges and Workforce Development, may charge a fee based upon actual cost of supplying, reproducing, handling, shipping or otherwise processing public records on request. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 192.440 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0011 ODE 1-2001, f. 1-25-01, cert. ef. 1-26-01 EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-046-0005 1EB 10-1984, f. & cert. ef. 4-13-84 1EB 6-1984(Temp), f. & cert. ef. 3-7-84 1EB 258, f. 1-31-77, cert. ef. 2-1-77 1EB 130, f. 5-5-72, cert. ef. 10-15-72
589-001-0300 Definitions for OAR Chapter 589, Divisions 1 through 20 For the purposes of OAR chapter 589, divisions 001 through 020, the following definitions apply: (1) “Executive Director” means the Executive Director appointed under ORS 351.735 by the Commission. (2) "Director" means the Director of the Office of Community Colleges and Workforce Development appointed under ORS 351.762; (3) "Board" means the board of education of a community college district; (4) “Commission” means the Higher Education Coordinating Commission; (5) "Office" means the Office of Community Colleges and Workforce Development; (6) (a) Community College" means a public institution operated by a community college district for the purposes of providing courses of study generally limited to not more than two years' full-time attendance and designed to meet the needs of a geographical area by providing educational services, including but not limited to professional technical education programs or lower division collegiate programs. (b) The two-year limitation described in paragraph (a) of this subsection does not apply to: (A) Technical programs in which the curriculum may require more than two years of attendance but less than four years; or (B) Applied baccalaureate degree programs. (7) "Community College District" or "District" means a district formed under ORS Chapter 341 to operate one or more community colleges or to secure educational services available at a community college. (8) "Full-Time Equivalent (FTE) Student", for the purpose of receiving state reimbursement, represents one student who carries 510 clock hours over three terms of instruction. (9) "Reimbursable Full-Time Equivalent (RFTE) Student" means a student defined by section (8) of this rule whose earned hours qualify the district for cost reimbursement by the State of Oregon in accordance with OAR 589-002-0100, et seq. (10) "Term Hour" means a 50-minute period of course work a week per student for approximately one-third of a school year. Statutory/Other Authority: ORS 350.075 & ORS 341.013 Statutes/Other Implemented: ORS 348.910 History: CCWD 1-2020, amend filed 07/07/2020, effective 07/07/2020 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0020 EB 8-1995, f. & cert. ef. 3-6-95 EB 12-1991, f. & cert. ef. 7-19-91
589-002-0100 State Funding Support for Community Colleges Purpose Statement: (1) It is in the state's interest to support a strong community college system that meets local, regional and state economic and workforce development needs. Oregon's Community College Distribution Model is designed to provide a stable financial foundation to support accessible undergraduate and lower-division education, career technical education, remedial education, workforce training, and other educational services necessary at the local and state level. (2) The Commission through the authority vested in it by ORS 350.075, uses this rule to state clearly and concisely what the statewide interests are for Oregon community colleges and students through the adoption of a policy-driven framework. The overarching policy intent is to support access, stability, and equitable student success for Oregon learners. Equitable student success is measured by the reduction, if not elimination, of achievement gaps in the completion and transfer rates for traditionally underrepresented students identified by race/ethnicity. (3) For clarity, the Community College Support Fund (CCSF) includes general institutional support funding appropriated by the state legislature for the set asides, also known as categorical funding, base payments, and equalized enrollment. There are six set asides including corrections, contracts out of district, distance learning, the strategic fund, student support, and student success. The Community College Distribution Model references the calculations used to determine the base payments and equalized enrollment distributions. Statutory/Other Authority: ORS 326.051, 341.015, 341.022, 341.317, 341.440, 341.626, 341.665, 341.484 & 341.492 Statutes/Other Implemented: ORS 341.015, 341.022, 341.317, 341.440, 341.525, 341.528, 341.626 & 341.665 History: CCWD 3-2025, minor correction filed 08/27/2025, effective 08/27/2025 CCWD 4-2023, amend filed 06/09/2023, effective 06/09/2023 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 3-2013, f. & cert. ef. 6-11-13 DCCWD 3-2012, f. & cert. ef. 12-26-12 DCCWD 1-2012(Temp), f. & cert. ef. 7-17-12 thru 1-10-13 DCCWD 1-2011, f. & cert. ef. 4-20-11 DCCWD 5-2009, f. & cert. ef. 10-28-09 DCCWD 3-2009(Temp), f. & cert. ef. 8-5-09 thru 1-31-10 DCCWD 4-2007, f. & cert. ef. 10-1-07 DCCWD 2-2007, f. & cert. ef. 7-6-07 DCCWD 8-2006, f. 12-13-06, cert. ef. 12-15-06 DCCWD 6-2006, f. 10-3-06, cert. ef. 10-4-06 DCCWD 2-2006(Temp), f. & cert. ef. 6-15-06 thru 11-30-06 DCCWD 1-2005, f. & cert. ef. 7-13-05 DCCWD 1-2004, f. & cert. ef. 7-1-04 DCCWD 3-2003, f. & cert. ef. 5-14-03 DCCWD 7-2002(Temp), f. & cert. ef. 12-16-02 thru 6-5-03 DCCWD 3-2002, f. & cert. ef. 6-5-02 DCCWD 2-2001, f. & cert. ef. 5-7-01 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0200 ODE 27-2000, f. & cert. ef. 10-30-00 EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0260 1EB 9-1979, f. & cert. ef. 6-11-79
589-002-0200 State Reimbursement and Student Residency For the purposes of OAR 589-002-0100, Distribution of Community College Support Fund: (1) "Permanent Residence" is defined as a person's home, to which one intends to return after any absence and in which one's dependents reside for an unlimited period of time. A permanent residence shall be verified by specific documentation. Such documentation may include, but is not limited to, copies of the Oregon Department of Revenue income tax statements; deeds, bills of sale or other papers indicating ownership by the student or a member of his or her family of the dwelling in which he or she resides; appropriate Department of Defense forms indicating that the student took residence in Oregon within one year of being released from active duty in the armed forces; possession of a driver's license issued by the State of Oregon; and evidence indicating that a parent or guardian of a dependent student qualifies as an Oregon resident under this rule. (2) "Oregon Resident" is defined as a person who currently maintains a permanent residence in the state and whose permanent residence has been maintained in Oregon for no less that ninety continuous days immediately preceding the person's first instructional day of the term (quarter) for which residency is in question. (3) Pursuant to ORS 341.492, and notwithstanding subsection (2) of this section, students who are residents of Idaho, Washington, California and Nevada and students admitted pursuant to ORS 351.647 shall be considered as residents of Oregon for the purpose of reimbursement. (4) District policies regarding student residency for state reimbursement purposes may be subject to the periodic review and approval of the Commission. In the event that approval is not granted, the Commission may withhold reimbursement. Statutory/Other Authority: ORS 326.051 & 341.626 Statutes/Other Implemented: ORS 341.290(7), 341.626, 341.481 & 341.496 History: CCWD 7-2025, minor correction filed 08/27/2025, effective 08/27/2025 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0205 EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0260 1EB 9-1979, f. & cert. ef. 6-11-79
589-002-0300 Advanced Payment to Newly Created Community College District or Service District A newly created community college district, or community college service district, shall be assigned by the Commission a base allocation level for its initial year of operation, based on the projected budget requirements as set in the feasibility study approved by the Commission. Payments to the new district for its initial year shall be based on the assigned base allocation. From operating funds available to the new district, the Director may advance reasonable sums for organizational expenses. Such an advance may be made only after the new district has formally adopted a budget. An advance will not serve to increase eligibility for state operating funds; it is a partial payment of the sum due the new district from its assigned base allocation in its initial year of operation. Statutory/Other Authority: ORS 326.051 & 341.626 Statutes/Other Implemented: ORS 341.626 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0210 EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0266 EB 33-1989, f. & cert. ef. 11-28-89 EB 23-1989(Temp), f. & cert. ef. 6-12-89 EB 5-1988, f. & cert. ef. 1-14-88 EB 14-1987(Temp), f. & cert. ef. 7-30-87
589-002-0500 Contracts with Agencies, Organizations, and Industries for Which State Reimbursement is Requested (1) For the purposes of this rule, the following definitions apply: (a) "Contract" is defined as an agreement between a community college and an agency, organization, individual, or industry to provide educational services, unless these services are prohibited by the Director or state statute; (b) "General fund revenue account" is defined as that account which includes all revenues related to the college's basic educational objectives. All revenues not included in some other specific fund accounts are included in the general fund revenue account. All revenues associated with the generation of reimbursable full-time equivalent students are included in the general fund revenue account; (c) "Special revenue account" is defined as a fund used to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts, or for major capital projects) that are legally restricted to expenditure for specific purposes, including revenues from specific projects, grants, contracted out-of-district programs, restricted federal projects, and other contracts for designated purposes; (d) General education purposes" is defined as those purposes directly associated with the college's basic educational objectives. (2) When community colleges provide educational services through contracts with agencies, organizations, or industries for their clients and employees, the colleges are entitled to compensation for reimbursable costs as defined by the Office and these rules. The community colleges are responsible for maintaining records that justify their requests for reimbursement from the Office. (3) Full-time equivalent (FTE) attributable to contracts which are accounted for in a college's general fund revenue account can be added to a college's reimbursable full-time equivalent (RFTE) base and are subject to the reimbursement formula in OAR 589-002-0100. Any funds received under the contract from the contracting agency, business, or industry are to be placed into the college's general fund revenue account, or into the college's special revenue account with the Director’s approval and must be used for general education purposes. Statutory/Other Authority: ORS 326.051 & 341.626 Statutes/Other Implemented: ORS 341.626 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0220 EB 12-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0255 1EB 11-1981, f. 5-6-81, cert. ef. 5-7-81
589-002-0700 Community College Services for Adults in Custody of State Penitentiary and Correctional Institutions (1) Community colleges may contract directly with the Department of Corrections (DOC) to provide Adult Basic Education (ABE) or Work Based Education (WBE) services at DOC operated facilities or community colleges may enter into agreements with HECC to provide ABE or WBE services at DOC operated facilities. The HECC may contract with DOC to facilitate and coordinate agreements with the community colleges for ABE or WBE services. (2) Any contract between the HECC and DOC or the community colleges or any contract between the community colleges and DOC may include agreements relating to all statewide staff training and development, program transferability between correctional institutions, curriculum planning, instructional support, evaluation and assessment, instruction of the persons with disabilities, employee relations, and the range of administrative allowances. (3) The HECC shall review and approve services to correctional institutions at least once biennially. Statutory/Other Authority: ORS 326.051 & 341.626 Statutes/Other Implemented: ORS 341.317 History: CCWD 3-2021, amend filed 05/11/2021, effective 05/11/2021 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0500 EB 13-1991, f. & cert. ef. 7-19-91, Renumbered from 581-043-0251 EB 27-1987, f. & cert. ef. 11-17-87
589-002-0800 Audit Procedures, Adjustments and Appeals (1) Notwithstanding the required financial audit required under the Single Audit Act of 1984, P.L. 98-502, the Office and the Commission have a statutory duty to manage public funds in a prudent manner. This duty includes the responsibility to take reasonable action to correct errors and to prevent the unauthorized use of public funds through the use of periodic audits. (2) The Office may perform periodic on-site financial, performance and/or statistical audits of community colleges, community college service districts, other grantees, and contractors. The audits shall be conducted to determine compliance with applicable statutes and administrative rules, instructions, and grant and contract terms. (3) Requests for audits may come from the Commission, the Office, community colleges, contractors, or private citizens. Requests from anyone outside the Office must be recommended by the Commissioner, and approved by the Commission. (4) The audit is to be performed by a person or persons with adequate technical training and proficiency as an auditor. (5) The Auditor shall prepare a draft report of the audit and forward it to the audited agency with a letter of explanation. The letter will explain alternatives available to the agency in responding to the draft report. The audited agency's responses shall be forwarded within 60 days to the Auditor for evaluation in preparing the final audit report unless an alternative timeline is mutually agreed upon. (6) After considering the responses, if any, from the agency on the draft audit report, the Auditor will prepare a final audit report. The Director shall forward by letter the final audit report to the audited agency. (7) Any exceptions involving overclaims (overpayments) or underclaims (underpayments) may be processed as follows unless the Director agrees to an alternative method of adjustment: (a) Overclaims: The agency will have the option of remitting the excess claim or reducing accordingly the subsequent year's entitlement; (b) Underclaims: The subsequent year's claim may be adjusted by the amount underclaimed. (8) The Auditor shall forward audit reports involving overpayment or underpayment to the Commissioner and to the audited agency. (9) If the audited agency disputes the Office’s determination of an audit exception, the audited agency may appeal to the Commission in the manner provided for a contested case under ORS 183.413 to 183.470. During an appeal, no action will be taken by the Office to effect reimbursement until a decision on the audit under appeal has been reached. Statutory/Other Authority: ORS 326.051, 341.015 & 341.626 Statutes/Other Implemented: ORS 291.200, 341.015 & 341.626 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-041-0240 EB 12-1991, f. & cert. ef. 7-19-91