justicedao/ipfs_state_laws huggingface dataset:
583-050-0016 Validation of a Secular Degree Effective January 13, 2015: (1) Any person claiming in Oregon to possess an academic degree shall, upon request from the Commission’s Executive Director, have an official transcript of the degree sent directly to the Commission from the registrar or other appropriate official of the conferring school. (2) Where validation of a degree by telephone or electronic means seems readily obtainable from a school, the Commission at its discretion may postpone with option of waiver the requirement for a transcript upon receiving from the degree claimant the name, address, and telephone number of the conferring school. Requirement of one or more transcripts may be reinstated at any time if other methods of validation are not sufficient for a conclusive determination. (3) Upon receipt of evidence of a valid degree, the executive director shall inform the degree claimant that a validation has been entered into the record, which shall specify any title and abbreviation that may be used to claim the degree. (4) Honorary degrees must be distinguished from earned degrees. (a) Any person claiming in Oregon to hold an honorary degree must label any written use of the degree using the word “honorary” or the abbreviation “hon.” in order to make the public aware that the degree is not an earned credential. Any oral reference to the degree must be accompanied by a reasonable effort to ensure that listeners are made aware that it is honorary. (b) Any person using an honorary doctorate may not use the title “Doctor” or “Dr.” unless the word “honorary” or the abbreviation “hon.” accompanies the claim in a clear and visible form, or is stated orally when an honorary doctorate is used as the basis for an oral use of the title. (c) An honorary degree may not be used as a credential for employment in Oregon. Statutory/Other Authority: ORS 348.609 Statutes/Other Implemented: ORS 348.603 & 348.609 History: ODA 1-2016, f. & cert. ef. 2-19-16 ODA 2-2015(Temp), f. & cert. ef. 9-10-15 thru 3-7-16 ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 3-2010, f. & cert. ef. 11-16-10 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 3-2010, f. & cert. ef. 11-16-10 ODA 3-2003, f. 10-29-03, cert. ef. 11-1-03 ODA 1-2001, f. & cert. ef. 6-27-01 ODA 2-1998, f. & cert. ef. 8-12-98
583-050-0027 Disciplinary Action; Civil Penalty Considerations Effective January 13, 2015: (1) The Commission may assess a civil penalty for each violation of a provision of OAR chapter 583, division 50. (2) In establishing the amount of the penalty for each violation, the Commission shall consider, but not be limited to the following factors: (a) The gravity and magnitude of the violation; (b) The person's previous record of compliance with the provisions of ORS 348.594 to 348.615 or with the rules adopted thereunder; (c) The person's history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation; and (d) Such other considerations as the Commission may consider appropriate. (3) An "incident" for purposes of the penalty schedule means a single use of the invalid degree, or each use of an unaccredited degree without a disclaimer, in a specific venue in a specific time period. (a) Examples of specific venues include but are not limited to publications, job applications, web sites, spoken presentations, mailings, emails, flyers, posters, advertisements, and handouts. (b) Examples of specific time periods include one-time uses and serial uses, e.g., monthly advertisements, annual publications such as college catalogs and the like. In the case of continued usage during a period of employment, each regular pay period (e.g. one month) in which the degree is used is considered a specific time period and therefore a separate incident. (4) The Commission may impose a civil penalty, provided that it first gives the person an opportunity for a hearing as outlined in ORS Chapter 183. Statutory/Other Authority: ORS 348.609 Statutes/Other Implemented: ORS 348.609 History: ODA 1-2016, f. & cert. ef. 2-19-16 ODA 2-2015(Temp), f. & cert. ef. 9-10-15 thru 3-7-16 ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 3-2005, f. 9-27-05, cert. ef. 9-30-05 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 3-2005, f. 9-27-05, cert. ef. 9-30-05 ODA 2-2002, f. & cert. ef. 10-10-02
583-050-0028 Schedule of Civil Penalties for Violations of Laws and Rules Effective January 13, 2015. In assessing civil penalties, the Commission desires to be both consistent and equitable and to consider and evaluate each case on an individual basis. The actual civil penalty which the commission imposes shall be based on the Commission's consideration of the factors in OAR 583-050-0027. The Commission shall impose a penalty per incident based on only one of the degree use activities listed below, i.e. a single incident cannot result in a penalty from more than one category. Civil penalties shall be imposed according to the following schedule for use after warning by the commission of a violation: (1) When such use is related to a position in any employment sector, paid or unpaid, involving public health or safety for which a degree of the type found invalid is required for employment or licensure: $1000 per incident. (2) When such use is intended to induce or encourage payment of money by students, clients, customers or others for whom the degree may serve as an attractant or legitimizer related to a service provided in the business or not-for-profit sector: $1000 per incident. (3) When such use is in public employment not related to public health or safety for which a valid degree of the type claimed is required or is necessary based on the conditions of employment: $500 per incident. (4) By a teacher at any level, including K–12 and postsecondary education: $500 per incident. (5) When such use is likely to deceive the public as to the user's qualifications but no money is sought or received by the user as a consequence in whole or in part of the use: $300 per incident. (6) When in violation of any other provision of OAR 583, division 50: $300 per incident. (7) Repeated violations of any kind may result in a penalty of $1,000 for each repetition occurring after a penalty is imposed by the Commission or an injunction against the usage is issued by a court. Statutory/Other Authority: ORS 348.609 Statutes/Other Implemented: ORS 348.609 History: ODA 1-2016, f. & cert. ef. 2-19-16 ODA 2-2015(Temp), f. & cert. ef. 9-10-15 thru 3-7-16 ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 3-2005, f. 9-27-05, cert. ef. 9-30-05 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 3-2005, f. 9-27-05, cert. ef. 9-30-05 ODA 2-2002, f. & cert. ef. 10-10-02
583-050-0036 Inquiries and Complaints Effective January 13, 2015: (1) Monitoring and validating degree claims will be done by the Commission in the course of routine activities such as approving faculty members of schools seeking authorization to offer degrees in Oregon, advising employers or professional licensing boards on applicant credentials, examining backgrounds listed by candidates for public election, and reviewing telephone directories or other publications for advertisements that list degrees. (2) Any citizen as a matter of general information may ask the Commission to discuss whether a degree encountered sounds questionable, and any citizen as a matter of public protection may ask the Commission to validate a degree claimed by an identified individual. It is entirely optional for an inquirer unsure about a degree to make a formal complaint, because an inquiry alone does not imply that the inquiring citizen has accused the degree claimant of any deception. Statutory/Other Authority: ORS 348.609 Statutes/Other Implemented: ORS 348.603 & 348.609 History: ODA 1-2016, f. & cert. ef. 2-19-16 ODA 2-2015(Temp), f. & cert. ef. 9-10-15 thru 3-7-16 ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 2-1998, f. & cert. ef. 8-12-98 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 2-1998, f. & cert. ef. 8-12-98
583-050-0040 Fees for Validation Services Effective January 13, 2015 (1) ODA charges a fee for some services provided under OAR chapter 583, division 50. The fee schedule is as follows: [Table not included. See ED. NOTE.] (a) Agencies or organizations that have contracted for basic degree validation services with the Commission do not pay a per-request fee. Contract rates are as follows: [Table not included. See ED. NOTE.] (b) Fees for all inquiries, including contracted rates, must be paid in advance by bank check, money order or interagency fund transfer to: State of Oregon - Higher Education Coordinating Commission (use current address). (2) The Commission may require reimbursement of costs for other requests at the discretion of the agency, depending on the nature of the request and available staff resources. Such fees may not exceed the actual cost to the Commission to provide the service, based on staff rates and related costs. (3) The Commission’s executive director may waive validation and evaluation fees: (a) If the request for information is for purposes of criminal investigation; or (b) If the consumer protection benefits of ODA action warrant a waiver, provided that sufficient staff time is available. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 348.609 Statutes/Other Implemented: ORS 348.603 & 348.609 History: ODA 1-2016, f. & cert. ef. 2-19-16 ODA 2-2015(Temp), f. & cert. ef. 9-10-15 thru 3-7-16 ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 3-2003, f. 10-29-03, cert. ef. 11-1-03 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 3-2003, f. 10-29-03, cert. ef. 11-1-03
583-070-0002 Purpose and Scope Effective January 13, 2015. This rule implements ORS 348.603 in establishing standards and procedures for the evaluation and approval of postsecondary accrediting bodies seeking to operate in or from Oregon. Statutory/Other Authority: ORS 348.603 Statutes/Other Implemented: ORS 348.603 History: ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 2-2008, f. & cert. ef. 4-14-08 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 2-2008, f. & cert. ef. 4-14-08
583-070-0011 Definitions of Terms Effective January 13, 2015: (1) "Academic standards" are those standards related to faculty qualifications, admissions, acceptance of transfer credits, quantity of student work and program length and quality established in OAR 583-030-0035. (2) "Accreditor" means an entity that purports to accredit postsecondary institutions or programs. (3) "Commission" means the Higher Education Coordinating Commission. (4)“Executive Director” means the executive director of the Higher Education Coordinating Commission, or the executive director’s designee. (5) "Federally recognized accreditor" means a U.S. accreditor formally recognized by the U.S. Department of Education. (6) "Operate in Oregon" means to use an Oregon address, telephone number, fax number, or other contact point or mechanism located in Oregon on any document available to the public, do business in Oregon related to the accreditation of post-secondary institutions, or to accredit schools located in or operating from Oregon. Statutory/Other Authority: ORS 348.603 Statutes/Other Implemented: ORS 348.603 History: ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 2-2008, f. & cert. ef. 4-14-08 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 2-2008, f. & cert. ef. 4-14-08
583-070-0015 Authorization of Accreditors Effective January 13, 2015: (1) All federally recognized accreditors are authorized to operate in or from Oregon without commission oversight. (2) Any accreditors that are not federally recognized but are recognized by the Council for Higher Education Accreditation (CHEA), a national organization that performs recognition of regional, faith-related, career-related, and programmatic accrediting organizations, are authorized to operate in or from Oregon with commission oversight. (a) The oversight requirement for a CHEA recognized accreditor already operating in Oregon on or before April 14, 2008,becomes effective when an Oregon school or program accredited by that CHEA recognized accreditor begins the process of renewing such accreditation. (b) A CHEA recognized accreditor having no office or contact points in Oregon as defined in 583-070-0000, and which accredits programs at institutions that have separate institutional accreditation by a federally recognized accreditor, does not require commission approval to accredit programs located at Oregon schools. (3) Any other accreditor lacking federal recognition, except for religious accreditors exempt under ORS 348.603, requires approval from the commission to operate in or from Oregon. (4) No other accreditor except for accreditors of religious schools meeting the requirements of ORS 348.603 may operate in or from Oregon without approval in advance from the commission. Statutory/Other Authority: ORS 348.603 & 348.604 Statutes/Other Implemented: ORS 348.603 & 348.604 History: ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 2-2008, f. & cert. ef. 4-14-08 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 2-2008, f. & cert. ef. 4-14-08
583-070-0020 Approval Process for Accreditors Effective January 13, 2015: (1) Any accreditor applying for approval will be approved by the commission if the commission finds that the accreditor has adequate academic standards comparable to ODA standards. Standards used by an accreditor need not be identical to state standards but must be adequate to ensure academic quality at a level comparable to that required by the state. (2) Any accreditor seeking commission approval must submit a request for approval to the commission. The accreditor’s request must be accompanied by the following: (a) A copy of the accreditor's academic standards; (b) A description of how the accreditor evaluates institutional effectiveness, demonstrating a commitment to rational standards; (c) The accreditor’s standards for faculty and administrative qualifications, showing that it requires accredited or demonstrably equivalent degrees, and information on how such standards are enforced; (d) The accreditor’s standards for adequate institutional finances, demonstrating that it ensures appropriate management of funds and disallows charging students on any basis other than a per-term basis; (e) Names and professional qualifications of all persons employed by the accreditor and any persons serving on its board of directors, demonstrating that such people have backgrounds and qualifications comparable to those serving in similar roles at a federally-recognized accreditor; and (d) Names and professional qualifications of all people who have served on evaluation teams in the previous year and those who are scheduled to serve in the next year, if known, in order to show that only people with appropriate accredited degrees and professional qualifications are chosen for such teams. (3) The executive director must evaluate the accreditor and make a recommendation to the commission within 60 days of receiving the application. (a) If the commission objects to approval of an accreditor on grounds that the accreditor has inadequate academic standards, the accreditor may contest the commission’s decision under either ORS 183.435 or 183.484. (b) The commission shall determine whether an accreditor is permitted to operate in Oregon only after the accreditor has had, if necessary, an opportunity to exercise its rights under this rule. Statutory/Other Authority: ORS 348.603 Statutes/Other Implemented: ORS 348.603 History: ODA 1-2015, f. & cert. ef. 3-17-15 Reverted to ODA 2-2008, f. & cert. ef. 4-14-08 ODA 1-2014(Temp), f. & cert. ef. 7-16-14 thru 1-12-15 ODA 2-2008, f. & cert. ef. 4-14-08
584-001-0000 Notice of Rulemaking Action Prior to the adoption, amendment, or repeal of any permanent rule, the Teacher Standards and Practices Commission 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 21 days prior to the effective date of the rule. (2) By sending a copy of the notice to legislators as specified in ORS 183.335(15) at least 49 days before the effective date of the rule. (3) By sending a copy of the notice to persons on the Commission's mailing list established pursuant to ORS 183.335(8) and 183.341(4) at least 28 days before the effective date of the rule. (4) Any person may request, in writing, to be included on the mailing list described in subsection (3) of this rule. The person must provide to the Commission an address, electronic or postal mail, to which the notice may be sent. (5) The Commission may update the mailing list described in subsection (3) 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 within 28 days of the date the Commission sends the request, the Commission may remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list, upon request, if the person provides a current address to which the notice may be sent. Statutory/Other Authority: ORS 183 & 342 Statutes/Other Implemented: ORS 183.335 & 183.341 History: TSPC 9-2014, f. & cert. ef. 11-14-14 TSPC 6-2002, f. & cert. ef. 10-23-02 TSPC 5-2000, f. & cert. ef. 9-20-00 TS 9-1994, f. & cert. ef. 11-21-94 TS 3-1988, f. & cert. ef. 4-7-88 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 6-1984, f. 12-27-84, ef. 1-15-85 TS 12, f. & ef. 9-29-76
584-001-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Attorney General's Model Rules of Procedure for Contested Cases, effective in December 2024; the Collaborative Dispute Resolution Model Rules, effective in December 2024 and the Model Rules For Rulemaking, effective in December 2024, are by this reference adopted as the rules of procedure for the Teacher Standards and Practices Commission and shall be controlling except as otherwise required by statute or rule. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Teacher Standards and Practices Commission.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341 History: TSPC 21-2024, amend filed 12/19/2024, effective 01/01/2025 TSPC 7-2019, amend filed 12/31/2019, effective 12/31/2019 TSPC 7-2005, f. & cert. ef. 8-24-05 TSPC 2-2000, f. & cert. ef. 5-15-00 TSPC 1-2000(Temp), f. & cert. ef. 1-18-00 thru 7-11-00 TS 9-1994, f. & cert. ef. 11-21-94 TS 4-1991, f. & cert. ef. 3-12-91 TS 3-1988, f. & cert. ef. 4-7-88 TS 8-1986, f. 12-19-86, cert. ef. 1-15-87 TS 7-1983, f. & cert. ef. 12-14-83 TS 2-1982, f. & cert. ef. 4-16-82 TS 4-1980, f. & cert. ef. 7-29-80 TS 5-1978, f. & cert. ef. 11-1-78, Renumbered from 584-021-0100 TS 13, f. 12-20-76, cert. ef. 1-1-77 TS 6, f. 11-21-73, cert. ef. 12-25-73 TS 1, f. 7-31-73, cert. ef. 7-15-73
584-001-0010 Access to Information in Licensure Files Oregon law establishes the right of public access to general information in files maintained by public agencies while reserving the right to withhold certain information potentially injurious to the affected party. The Commission makes available to the public information in licensure files subject to the following rules: (1) General information available to the public shall include: the person's license type and status, academic degree(s) and the institutions awarding them, the names and addresses of verified educational employers, and orders adopted by the Commission as a result of disciplinary proceedings, if any. (2) Personal information not routinely furnished the general public shall include: social security number, the date and place of birth, home address and telephone number, transcripts of credits and grades, reports of educational experience that include personal comments, and other forms or papers containing personal opinions about the educator. (3) All requests for general information shall be in writing, with the exception of requests covered by subsection (7) of this rule. (4) With the exception of requests covered by subsection (7) of this rule, a charge of $5 shall be made to process a written request for general information. (5) All requests for personal information shall be in writing, with the exception of requests covered by subsection (7) of this rule, and shall provide clear and convincing evidence of public interest in disclosure or a showing that disclosure of the record will not constitute an unreasonable invasion of privacy. Upon receipt of a request for personal information, the Executive Director shall notify the educator by certified and first class mail that personal information has been requested and that he or she has an opportunity to show that making disclosure as requested will unreasonably invade privacy. The Executive Director shall determine, based on the evidence of public interest and showing of unreasonable invasion of privacy, whether exemption from disclosure is justified and shall release the record or deny the request for disclosure. (6) With exception of requests covered by subsection (7) of this rule, a charge of $15 shall be made to process a written request for personal information. (7) General and personal information in licensure files may be provided by letter, telephone or facsimile, at no cost, to the director of teacher education or his or her designee at a teacher education institution, a school district superintendent or personnel officer, or an Oregon judge or district attorney. Statutory/Other Authority: ORS 183, 192 & 283 Statutes/Other Implemented: ORS 183, 192.440 & 283.110 History: TSPC 3-2015, f. & cert. ef. 4-15-15 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 1-1996, f. & cert. ef. 1-29-96 TS 7-1992, f. 12-17-92, cert. ef. 1-15-93 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1987, f. & ef. 3-3-87 TS 2-1982, f. & ef. 4-16-82 TS 13, f. 12-20-76, ef. 1-1-77
584-019-0003 Notice of Opportunity for Hearing and Hearing Procedures (1) The Commission delegates to the Executive Director the authority to draft the contents of the Notice of Hearing and Notice of Opportunity for Hearing when: (a) The Executive Director denies the issuance, renewal or re-instatement of a license, charter school registration, school nurse certificate, or PA-1 clearance for student teaching under OAR 584-050-0006. (b) When the Commission determines that there is sufficient cause to justify a hearing under ORS 342.176(5); or (c) When the Executive Director has information that the educator has violated any term or condition of probation. (2) The Commission delegates to the Executive Director the authority to amend the Notice of Hearing or Notice of Opportunity for Hearing. (3) The Commission will review, approve or reject all Amended Notices of Hearing at the next Commission meeting following the Executive Director's issuance of the Amended Notice. The educator who is the subject of an Amended Notice may file objections to the amendments prior to the Commission meeting. The Commission's decision to review, approve or reject the Amended Notice will be in executive session under ORS 342.176. (4) If the Commission rejects the Amended Notice of Hearing, the Executive Director will withdraw the Amended Notice, and the prior Notice of Hearing or Notice of Opportunity for Hearing will stand as the Commission's notice to the educator. (5) Contested case hearings will be held in accordance with OAR 137-003-0501 through 137-003-0700. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.175 - 342.190 History: TSPC 1-2015, f. & cert. ef. 2-10-15 TSPC 5-2009, f. & cert. ef. 10-5-09 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 9-2005, f. & cert. ef. 11-15-05