justicedao/ipfs_state_laws huggingface dataset:
137-003-0695 Intervention in Stay Proceeding (1) Any party identified under OAR 137-003-0690(3)(d) desiring to participate as a party in the stay proceeding may file a response to the request for stay. (2) The agency may, by rule or in writing, require the response to be filed with the administrative law judge. (3) The response shall contain: (a) The full title of the agency decision as it appears on the order; (b) The name, address, and telephone number of the person filing the response, except that if the person is represented by an attorney, then the name, address, and telephone number of the attorney shall be included and the person's address and telephone number may be deleted; (c) A statement accepting or denying each of the statements of facts and reasons provided pursuant to OAR 137-003-0690(3)(f) in the petitioner's stay request; and (d) A statement accepting, rejecting, or proposing alternatives to the petitioner's statement on the bond, irrevocable letter of credit or undertaking amount or other reasonable conditions that should be imposed on petitioner should the stay request be granted. (4) The response may contain affidavits containing additional evidence upon which the party relies in support of the statement required under subsections (3)(c) and (d) of this rule. (5) The response must be delivered or mailed to the agency and to all parties identified in the stay request within 10 calendar days of the date of delivery or mailing to the agency of the stay request. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.482(3) & OL 1999 & Ch. 849 History: DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-003-0700 Stay Proceeding and Order (1) The agency may conduct such further proceedings pertaining to the stay request as it deems desirable, including taking further evidence on the matter. Agency staff may present additional evidence in response to the stay request. The agency shall commence such proceedings promptly after receiving the stay request. (2) The agency shall issue an order granting or denying the stay request within 30 calendar days after receiving it. The agency’s order shall: (a) Grant the stay request upon findings of irreparable injury to the petitioner and a colorable claim of error in the agency order and may impose reasonable conditions, including but not limited to, a bond, irrevocable letter of credit or other undertaking and that the petitioner file all documents necessary to bring the matter to issue before the Court of Appeals within a specified reasonable period of time; or (b) Deny the stay request upon a finding that the petitioner failed to show irreparable injury or a colorable claim of error in the agency order; or (c) Deny the stay request upon a finding that a specified substantial public harm would result from granting the stay, notwithstanding the petitioner’s showing of irreparable injury and a colorable claim of error in the agency order; or (d) Grant or deny the stay request as otherwise required by law. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341, 183.482(3) & OL 1999 & Ch. 849 History: DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-004-0010 Unacceptable Conduct A presiding officer may expel a person from an agency proceeding if that person engages in conduct that disrupts the proceeding. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341(1) History: JD 2-1986, f. & ef. 1-27-86 JD 6-1983, f. 9-23-83, ef. 9-26-83 1AG 1-1981, f. & ef. 11-17-81
137-004-0080 Reconsideration — Orders in Other than Contested Case (1) A person 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 a final order in other than a contested case with the agency within 60 calendar days after the date of the order. A copy of the petition shall also be delivered or mailed to all other persons and agencies required by statute or rule to be notified. (2) The petition shall set forth the specific grounds for reconsidera-tion. The petition may be supported by a written argument. (3) The petition may include a request for a stay of a final order if the petition complies with the requirements of OAR 137-003-0090(2). (4) The petition may be granted or denied by summary order, and, if no action is taken, shall be deemed denied as provided by ORS 183.484(2). (5) Within 60 calendar days after the date of the order, the agency may, on its own initiative, reconsider the final order. If a 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 183.341 Statutes/Other Implemented: ORS 183.484(2) & OL 1999 & Ch. 113 History: DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 6-1993, f. 11-1-93, cert. ef. 11-4-93 JD 7-1991, f. & cert. ef. 11-4-91 JD 5-1989, f. 10-6-89, cert. ef. 10-15-89
137-004-0090 Stay Request — Orders in Other than Contested Case (1) Unless otherwise provided by law, any person who petitions for reconsideration may request the agency to stay the enforce-ment of the agency order that is the subject of the petition. (2) The stay request shall contain: (a) The name, address and telephone number of the person filing the request and of that person’s attorney, if any; (b) If the agency order was in writing, the full title of the agency decision as it appears on the order and the date of the agency decision; (c) A summary of the agency decision; and (d) The name, address and telephone number of each other party to the agency proceeding. When the party was represented by an attorney in the proceeding, then the name, address and telephone number of the attorney shall be provided and the address and telephone number of the party may be omitted. (e) A statement advising all persons whose names, addresses and telephone numbers are required to appear in the stay request as provided in subsection (2)(d) of this rule, that they may participate in the stay proceeding before the agency if they file a response in accordance with OAR 137-004-0095 within ten calendar days from delivery or mailing of the stay request to the agency; (f) A statement of facts and reasons sufficient to show that the stay request should be granted because: (A) The petitioner will suffer irreparable injury if the order is not stayed; (B) There is a colorable claim of error in the order; and (C) Granting the stay will not result in substantial public harm. (g) A statement identifying any person, including the public, who may suffer injury if the stay is granted. If the purposes of the stay can be achieved with limitations or conditions that minimize or eliminate possible injury to other persons, petitioner shall propose such limitations or conditions. If the possibility of injury to other persons cannot be eliminated or minimized by appropriate limitation or conditions, petitioner shall propose an amount of bond, irrevocable letter of credit or other undertaking to be imposed on the petitioner should the stay be granted, explaining why that amount is reasonable in light of the identified potential injuries; (h) A description of additional procedures, if any, the petitioner believes should be followed by the agency in determining the appropriateness of the stay request; (i) An appendix containing evidence relied upon in support of the statement required under subsections (2)(f) and (g) of this rule. (3) The request must be delivered or mailed to the agency and on the same date a copy delivered or mailed to all parties identified in the request as required by subsection (2)(d) of this rule. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: DOJ 9-2001, f. & cert. ef. 10-3-01
137-004-0091 Intervention in Stay Proceeding — Orders in Other than Contested Case (1) Any party identified under OAR 137-004-0090(2)(d) desiring to participate as a party in the stay proceeding may file a response to the request for stay. (2) The response shall contain: (a) The full title of the agency decision as it appears on the stay request; (b) The name, address, and telephone number of the person filing the response, except that if the person is represented by an attorney, then the name, address, and telephone number of the attorney shall be included and the person’s address and telephone number may be deleted; (c) A statement accepting or denying each of the statements of facts and reasons provided pursuant to OAR 137-004-0090(2)(f) in the petitioner’s stay request; and (d) A statement accepting, rejecting, or proposing alternatives to the petitioner’s statement on the bond, irrevocable letter of credit or undertaking amount or other reasonable conditions that should be imposed on petitioner should the stay request be granted. (3) The response may contain affidavits containing additional evidence upon which the party relies in support of the statement required under subsections (2)(c) and (d) of this rule. (4) The response must be delivered or mailed to the agency and to all parties identified in the stay request within 10 calendar days of the date of delivery or mailing to the agency of the stay request. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: DOJ 9-2001, f. & cert. ef. 10-3-01
137-004-0092 Stay Proceeding and Order — Orders in Other than Contested Case (1) The agency may conduct such further proceedings pertaining to the stay request as it deems desirable, including taking further evidence on the matter. Agency staff may present additional evidence in response to the stay request. The agency shall commence such proceedings promptly after receiving the stay request. (2) The agency shall issue an order granting or denying the stay request within 30 calendar days after receiving it. The agency’s order shall: (a) Grant the stay request upon findings of irreparable injury to the petitioner and a colorable claim of error in the agency order and may impose reasonable conditions, including but not limited to, a bond, irrevocable letter of credit or other undertaking; or (b) Deny the stay request upon a finding that the petitioner failed to show irreparable injury or a colorable claim of error in the agency order; or (c) Deny the stay request upon a finding that a specified substantial public harm would result from granting the stay, notwithstanding the petitioner’s showing of irreparable injury and a colorable claim of error in the agency order; or (d) Grant or deny the stay request as otherwise required by law. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: DOJ 9-2001, f. & cert. ef. 10-3-01
137-005-0010 Use of Collaborative Dispute Resolution Processes (1) Unless otherwise precluded by law, the agency may, in its discretion, use a collaborative dispute resolution process in contested cases, rulemaking proceedings, judicial proceedings, and any other decision-making or policy development process or controversy involving the agency. Collaborative dispute resolution may be used to prevent or to minimize the escalation of disputes and to resolve disputes once they have occurred. (2) Nothing in this rule limits innovation and experimentation with collaborative or alternative forms of dispute resolution, with negotiated rulemaking or with other procedures or dispute resolution practices not otherwise prohibited by law. (3) The collaborative means of dispute resolution may be facilitated negotiation, mediation, facilitation or any other method designed to encourage the agency and the other participants to work together to develop a mutually agreeable solution. The agency may also consider using neutral fact-finders in an advisory capacity. (4) The agency shall not agree to any dispute resolution process in which its ultimate settlement or decision making authority is given to a third party, including arbitration or fact-finding, without prior written authorization from the Attorney General. (5) Nothing in this rule obligates the agency to offer funds to settle any case, to accept a particular settlement or resolution of a dispute, to alter its standards for accepting settlements, to submit to binding arbitration, or to alter any existing delegation of settlement or litigation authority. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.502 History: JD 1-1997, f. 3-28-97, cert. ef. 4-1-97
137-005-0022 Assessment for Use of Collaborative DR Process in Complex Public Policy Controversies (1) For the purposes of this rule, “complex public policy controversy” means a multi-party controversy that includes at least one governmental participant and that affects the broader public, rather than only a single group or individual. (2) Before using a collaborative process to resolve a complex public policy controversy, the agency may conduct an assessment to determine if a collaborative DR process is appropriate and, if so, under what conditions. In addition to the factors in OAR 137-005-0020, the agency may use the assessment to consider if: (a) The agency is interested in joint problem solving or in reaching a consensus among participants, and not solely in obtaining public comment, consultation or feedback, which may be addressed through other processes; (b) The persons, interest groups or entities significantly affected by the controversy or by any agreement resulting from the collaborative DR process (A) Can be readily identified; (B) Are willing to participate in a collaborative process; and (C) Have the time, resources and ability to participate effectively in a collaborative process and in the implementation of any agreement that may result from the collaborative process; (c) The persons identified as representing the interests of a group of persons or of an organization have sufficient authority to negotiate a durable agreement on behalf of the group or organization they represent; or (d) There are ongoing or proposed legislative, political or legal activities that would significantly undermine the value of the collaborative process or the durability of any collaborative agreement. (3) The agency may contract with a collaborative DR provider pursuant to OAR 137-005-0040 to assist the agency in conducting all or part of the assessment under section (1) and may request that the provider prepare a written report summarizing the results of the assessment. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.502 History: DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00
137-005-0030 Agreement to Collaborate In preparation for, or in the course of, a collaborative DR process the agency and the other participants may enter into a written agreement to collaborate. This agreement may include: (1) A brief description of the dispute or the issues to be resolved; (2) A list of the participants; (3) A description of the proposed collaborative DR process; (4) An estimated starting date and ending date for the process; (5) A statement whether the collaborative DR provider will receive compensation and, if so, who will be responsible for its payment; (6) A description of the process, including, but not limited to: the role of witnesses, and whether and how counsel may participate in the process; (7) Consistent with applicable statute and rules, a statement regarding the degree to which the proceedings or communications made during the course of the collaborative DR process are confidential; and (8) A description of the likely means of enforcing any agreement or settlement that may result. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.502 History: DOJ 9-2001, f. & cert. ef. 10-3-01 DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00 JD 1-1997, f. 3-28-97, cert. ef. 4-1-97
137-005-0060 Mediation (1) Unless otherwise provided by law, mediation is a voluntary process from which the agency and other participants may withdraw at any time. (2) The mediator does not represent the interests of any of the participants or offer legal advice. Likewise, the mediator is not a judge and has no decision making power to impose a settlement on the participants or to render decisions. (3) The person participating in the mediation on behalf of the agency shall be knowledgeable about the issues in dispute and have authority to effectively recommend settlement options to the agency. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.502 History: JD 3-1997, f. 9-4-97, cert. ef. 9-15-97 JD 1-1997, f. 3-28-97, cert. ef. 4-1-97
137-005-0070 Contract Clauses Specifying Dispute Resolution (1) The agency may specify or require any form of dispute resolution except binding arbitration as a condition of a contract. (2) The agency may specify binding arbitration by contract only if the Attorney General has approved the contract containing the clause specifying binding arbitration and the clause itself for legal sufficiency. (3) The agency may provide for the resolution of technical, scientific or accounting matters of fact by requiring the submission of such matters to a neutral fact finder selected and appointed as specified in a contract clause. (4) The specification of a method of dispute resolution in a contract clause does not: (a) Remove the requirement to provide notices or filings or to meet deadlines otherwise required by law, regulation or contract provision; (b) Constitute a waiver of the sovereign immunity of the State of Oregon; or (c) Prohibit the participants from entering into an agreement to use any other method of dispute resolution that appears to be more suitable for the particular dispute in lieu of or in addition to the method specified by contract. Statutory/Other Authority: ORS 183.341 & 183.502 Statutes/Other Implemented: ORS 183.502 History: JD 1-1997, f. 3-28-97, cert. ef. 4-1-97
137-007-0200 Statement of Purpose and Statutory Authority “Purpose” These rules control the Department’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the Department as an employee, volunteer, or contractor covered by OAR 137-007-0220. The fact that the Department approves a subject individual as fit does not guarantee the individual a position as a Department employee, volunteer, or contractor. Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07
137-007-0220 Subject Individual “Subject Individual” means a person from whom the Department may require fingerprints for the purpose of conducting a criminal records check because the person: (1)(a) Is applying for employment with the Department; or (b) Provides services or seeks to provide services to the Department as a volunteer or contractor; and (2) Is, or will be, working or providing services in a position in which the person: (a) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; (b) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; or (c) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal history information. Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07
137-007-0240 Preliminary Fitness Determination (1) An authorized designee may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If an authorized designee elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual under OAR 137-007-0230(1) and a LEDS criminal records check. (3) The authorized designee shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual: (a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 137-007-0270; (b) Has been arrested for or charged with a crime listed under OAR 137-007-0270; (c) Is being investigated for, or has an outstanding warrant for a crime listed under OAR 137-007-0270; (d) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 137-007-0270; (e) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under OAR 137-007-0270; or (f) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 137-007-0270 if committed by an adult. (4) If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to the Department, its client entities, the State, or members of the public. (5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, an authorized designee thereafter shall conduct a fitness determination under OAR 137-007-0260. (6) A subject individual may not appeal a preliminary fitness determination, under the processes provided under OAR 137-007-0300 or otherwise. Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07
137-007-0250 Hiring or Appointing on a Preliminary Basis (1) The Department may hire or appoint a subject individual on a preliminary basis if an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 137-007-0240. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Department. (3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated before completion of a final fitness determination under OAR 137-007-0260, may not appeal the termination under the processes provided under 137-007-0300. (4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, as provided under OAR 137-007-0260(3)(d), then the Department shall immediately terminate the subject individual’s employment in or appointment to a position covered by 137-007-220(a)(c). Statutory/Other Authority: ORS 181.534 & 180.267 Statutes/Other Implemented: ORS 181.534(9) History: DOF 6-2007, f. & cert ef. 9-5-07