justicedao/ipfs_state_laws huggingface dataset:
705-050-0010 Appointment of Technical Advisory Committees and Work Groups (1) With the exception of subcommittees and work groups of the Board appointed by the Chair of the Board, the Chief Education Officer shall have the authority to appoint: (a) Advisory committees for the purpose of advising the Board on the adoption of Board rules; and (b) Technical advisory committees created to advise the Board and the Chief Education Officer on the implementation of policies adopted or under consideration for adoption by the Board. (2) The Chief Education Officer shall designate the chairpersons of any subcommittees or work groups established pursuant to this rule. Statutory/Other Authority: 2011 OL Ch. 519 Sec. 2 (Enrolled SB 909) History: OEIB 4-2012, f. & cert. ef. 9-21-12
710-001-0000 Notice of Proposed Rulemaking Before permanently adopting, amending or repealing any rule, the Citizens’ Initiative Review Commission (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 before the effective date of the rule; (2) By mailing or e-mailing a copy of the notice to persons on the Commission mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; (3) By 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, e-emailing, or furnishing a copy of the notice to: (a) The Associated Press; (b) And Capitol Press Room. (5) The 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 the 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, so long as the the person provides a mailing or e-mailing address to which notice may be sent. Statutory/Other Authority: ORS 250.137(3)(b), 182.462(1) & 2013 OL Ch. 722 & Sec. 11 Statutes/Other Implemented: ORS 182.462(1) & 2013 OL Ch. 722 & Sec. 11 History: CIRC 1-2014, f. & cert. ef. 2-11-14
710-001-0005 Model Rules of Procedure The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, in effect on February 1, 2012, are hereby adopted as the rules of procedure by reference for the Citizens’ Initiative Review Commission. Statutory/Other Authority: ORS 250.137(3)(b), 182.462(1) & 2013 OL Ch. 722 & Sec. 11 Statutes/Other Implemented: ORS 182.462(1) & 2013 OL Ch. 722 & Sec. 11 History: CIRC 1-2014, f. & cert. ef. 2-11-14
710-005-0005 Commission Budget The Citizens’ Initiative Review Commission hereby adopts by reference the Citizens’ Initiative Review Commission 2015–2017 Biennium Budget of $243,250 covering the period from July 1, 2017 through June 30, 2019. The Chair of the Commission, in consultation with the Commission, will amend budgeted accounts as necessary within the approved budget of $243,250 for the effective operation of the Commission. The Commission will not exceed the approved 2017–2019 Biennium Budget without amending this rule and holding a public hearing thereon as required, by ORS 182.462(1). The budget can be found on the Commission’s website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 250.137(3)(b), 182.462(1) & 2013 OL Ch. 722 & Sec. 11 Statutes/Other Implemented: ORS 182.462(1) & 2013 OL Ch. 722 & Sec. 11 History: CIRC 1-2017, f. & cert. ef. 6-21-17 CIRC 1-2015, f. 6-23-15, cert. ef. 7-1-15 CIRC 1-2014, f. & cert. ef. 2-11-14
710-010-0000 Citizen Initiative Review Elector Stipend and Travel Reimbursement According to the duties defined in ORS 250.139(5)(a), the Commission shall compensate each elector for each day served on a panel in an amount in the range of $75–$200 per day, as set by the Commission. According to duties defined in 250.139(5)(b), the Commission shall reimburse each elector who serves on a panel for travel expenses in accordance with travel reimbursement policies (mileage, airfare, public transportation costs) as determined annually by the Oregon Department of Administrative Services. Statutory/Other Authority: ORS 250.139(5)(a), (b) & (6)(a) Statutes/Other Implemented: ORS 250.139(5)(a), (b) & (6)(a) History: CIRC 3-2014, f. 11-25-14, cert. ef. 11-30-14 CIRC 2-2014(Temp), f. 6-19-14, cert. ef. 7-1-14 thru 11-30-14
710-015-0000 Independent Expert Panelists According to the duties defined in ORS 250.139(6)(e), the Commission shall establish a panel of experts independent of campaigns supporting or campaigns opposing the measure to provide testimony or other information to the citizen panel. Statutory/Other Authority: ORS 250.137(3)(a) & 250.139(6)(d) & (e) & 2014 OL Ch. 72 & Sec. 2 Statutes/Other Implemented: ORS 250.137(3)(a) & 250.139(6)(d) & (e) & 2014 OL Ch. 72 & Sec. 2 History: CIRC 1-2016, f. & cert. ef. 6-20-16
715-001-0030 Notice of Proposed Rulemaking Effective August 19, 2014: (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, ORS 183.341(4) & ORS 350.075 Statutes/Other Implemented: ORS 183.335 History: HECC 6-2019, minor correction filed 03/25/2019, effective 03/25/2019 HECC 1-2015, f. & cert. ef. 1-20-15
715-001-0035 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: HECC 1-2025, amend filed 10/06/2025, effective 10/06/2025 HECC 5-2023, amend filed 08/01/2023, effective 08/01/2023 HECC 7-2019, minor correction filed 03/26/2019, effective 03/26/2019 HECC 1-2015, f. & cert. ef. 1-20-15
715-010-0000 Implementing ORS 348.594 to 348.615 and 348.992 This rule implements Oregon Revised Statutes (ORS) 348.594 to 348.615 and 348.992 for the purpose of providing for the protection of the citizens of Oregon and their post-secondary schools by ensuring the quality of higher education offered to Oregon students and preserving the integrity of an academic degree as a public credential. The term "manager" as used in this rule means the employee in the position of responsibility for managing the programs and activities implemented by the aforementioned laws and these rules. Statutory/Other Authority: 2012 SB 242 Statutes/Other Implemented: 2012 SB 242 History: HECC 1-2013, f. & cert. ef. 8-21-13
715-010-0015 Delegating the Duties This rule is for the purpose of delegating the duties, functions, and powers of the Higher Education Coordinating Commission with respect to degree authorization, degree validation, administer interstate agreements and review of new academic programs under ORS 348.594 to 348.615 and 348.992 to the manager of these programs and activities. (1) Degree authorization shall be the responsibility of the manager, who shall have final authority with regard to: (a) Authorization of post-secondary schools to offer academic degree programs (under Oregon Administrative Rules 583-030); (b) Authorization of approved degree-granting schools to offer academic programs leading to a certificate or diploma; (c) Termination of any activities related to higher education by an education entity not authorized to offer degrees and post-secondary academic programs in Oregon and ineligible for exemption from authorization under Oregon statutes. (2) Degree validation under OAR 583-050 shall be the responsibility of the manager, who shall have final authority with regard to: (a) Validation of claims of degree possession and determination of appropriate degree use under Oregon law; (b) Termination of substandard or fraudulent degree activities; (c) Termination of activities of diploma mills operating in or from Oregon; (d) Termination of any operation in or from Oregon of post-secondary accrediting bodies that are not recognized by the United States Department of Education. (3) Administration of any interstate agreements, such as the State Authorization Reciprocity Agreement (SARA) shall be the responsibility of the executive director, which includes but is not limited to:: (a) Reviewing applications of and entering into agreements with educational institutions for authorization to participate in SARA; (b) Administering agreements for participation in SARA between the commission and an educational institution; and (c) Establishing application fees. The commission imposes a biennial fee on any educational institution applying to operate under or participate in SARA. The fee is based on an educational institution’s total enrolled full-time equivalent (FTE) as shown in the Integrated Postsecondary Education Data System and is as follows: (A) Under 2,500 Enrolled FTE: $3,000. (B) 2,500 to 9,999 Enrolled FTE: $5,000. (C) 10,000 or more Enrolled FTE: $7,000. Statutory/Other Authority: 2012 SB 242, 2014 SB 1525 & 2014 HB 4018 Statutes/Other Implemented: 2012 SB 242 History: HECC 11-2014, f. & cert. ef. 12-18-14 HECC 5-2014(Temp), f. & cert. ef. 10-15-14 thru 4-13-15 HECC 1-2013, f. & cert. ef. 8-21-13
715-010-0025 Establishing Fees for Public Record A fee may be imposed on any school or person requesting services or information from the commission pertaining to the administration of its functions under ORS 348.594 to 348.615. The amount of the fee shall be established by the manager to recover designated expenses incurred by the commission in carrying out the administration of ORS 348.594 to 348.615. Any fees collected by the commission, for services that are the responsibility of the manager shall be deposited in the Degree Authorization Account established under ORS 348.601 and used exclusively for purposes directly related to the duties and functions of the commission under the authority of the manager as delegated by the commission. Statutory/Other Authority: 2012 SB 242 Statutes/Other Implemented: 2012 SB 242 History: HECC 1-2013, f. & cert. ef. 8-21-13
715-011-0005 Definitions For the purposes of this rule, unless otherwise indicated by context: (1) Commission means the Higher Education Coordinating Commission or its designee. (2) Career schools are those that are licensed under ORS Chapter 345 and: (a) Admit as regular students, or maintain as a majority of their enrollment, those students who have earned a recognized high school diploma, the equivalent of a recognized high school diploma, or a GED certificate, or who are beyond the age of compulsory education in the State of Oregon; and (b) Are authorized by the Commission to offer one or more educational programs beyond secondary education. (3) Discrimination or discriminate is defined as any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, national origin, religion, sex, age, disability, veterans’ status, sexual orientation, or marital status. (4) Post-secondary education programs include: (a) Community colleges operated under ORS Chapter 341; and (b) Public universities listed in ORS 352.002. (c) The Oregon Health Sciences University (5) Private non-profit colleges and universities are schools or their separately accredited campuses that: (a) Have conferred degrees in this state under the same control for at least ten consecutive years; and (b) Are accredited by a regional accrediting association or its national successor. (6) Private colleges or universities include: (a) Private independent colleges and universities; and (b) Private schools, colleges or universities that are otherwise authorized by the Commission to offer degrees in Oregon under ORS 350.075(3)(i). (7) (a) Prohibited discrimination m eans any act that either in form or operation, whether intended or unintended, differentiates among persons on the basis of age, veterans’ status disability, national origin, race, color, marital status, religion, sex or sexual orientation. (b)The definition of discrimination is applicable to post-secondary programs that receive direct appropriations from the Legislative Assembly and private career schools licensed under ORS 345.010 to 345.450. (8) Retaliation means suspension, expulsion, disenrollment, grade reduction, denial of academic or employment opportunities, exclusion from academic or extracurricular activities, denial of access to transcripts, threats, harassment or other adverse action that substantially disadvantages a student in academic, employment or extracurricular activities. (9) Student means a person who is enrolled or accepted for enrollment at a school for the purpose of obtaining a degree, certificate or other recognized educational credential offered by that school. Statutory/Other Authority: ORS 345.240, ORS 350.075, ORS 659.850 & ORS 659.853 Statutes/Other Implemented: ORS 659.850 & ORS 659.860 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0010 Discrimination Prohibition No person in Oregon shall be subjected to discrimination in any post-secondary education program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by monies appropriated by the Legislative Assembly of the State of Oregon. Statutory/Other Authority: ORS 345.240 & ORS 659.850 Statutes/Other Implemented: ORS 659.850 & ORS 659.860 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0015 Prohibition in Providing Courses A post-secondary education or career school program shall not discriminate when providing access to classes, courses of study or other educational programs or activities, or requiring or refusing participation therein by any of its students: (1) This section does not prohibit grouping of students in any educational program or activity by ability as assessed by objective standards of individual performance; (2) This section does not prohibit separating students by sex within physical education courses or activities by objectively measured ability, or during participation in sports in which the purpose or major activity involves bodily contact. Statutory/Other Authority: ORS 345.240 & ORS 659.850 Statutes/Other Implemented: ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0020 Prohibition in Providing Financial Assistance (1) In providing financial assistance to applicants or students, post-secondary education programs shall not unreasonably differentiate on a prohibited basis, except as provided below: (a) In determining the total amount or types of assistance to be granted; (b) In limiting eligibility for assistance that is of any particular type or sources; (c) In the application of criteria. (2) Post-secondary education programs may not assist any person, organization or group in the administration of financial aid on a prohibited basis. (3) Post-secondary education programs shall comply with implementing regulations of Title IX, Educational Amendments of 1972, with respect to administration of sex-restricted scholarships and fellowships. (4) Post-secondary education programs that award athletic scholarships must ensure that reasonable opportunities exist for members of each sex to participate on athletic teams. Statutory/Other Authority: ORS 659.850 Statutes/Other Implemented: ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0025 Prohibition in Admission (1) No person shall, on a prohibited basis, be denied admission or be subject to discrimination in admission to a post-secondary education program or career school. (2) Each school, department or college in any post-secondary education program or career school that has an independent admissions process, or one supplementary to the programs admissions process, is considered an administratively separate unit for admission purposes and may not discriminate unreasonably on any of the prohibited bases (i.e., age, sex, sexual orientation, marital status, disability, national origin, race, religion, veterans’ status). (3) No test or other criterion for admission that unreasonably differentiates among individuals on a prohibited basis shall be used, unless the use of the test or criterion is shown to be a valid means of predicting success in the educational program, and other suitable tests or criteria not having such an adverse effect are shown to be unavailable. (4) No preference in admission shall be given one person over another on a prohibited basis, such as by ranking individuals on a prohibited basis. (5) Numerical limitations on the number of proportion of persons to be admitted may not be established on a prohibited basis. (6) In making admissions decisions, a post-secondary education program or school: (a) Shall not apply any rule concerning marital, parental or family status of an applicant or student that treats individuals differently on a prohibited basis; (b) Shall not consider pregnancy, childbirth, termination of pregnancy or recovery therefrom to determine eligibility for admission, unless on a case-by-case basis the health of an individual relates directly to the capacity to participate effectively in activities necessary to the program. Such determinations shall be treated no differently than other health conditions; (c) Shall not make pre-admission inquiry as to marital status of an application for admission, including whether such applicant is “Miss” or “Mrs.” Statutory/Other Authority: ORS 345.240 & ORS 659.850 Statutes/Other Implemented: ORS 345.240 & ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0030 Prohibition in Housing Post-secondary education programs offering housing facilities shall not, on a prohibited basis, unreasonably differentiate among applicants or students in housing fees charged or services or benefits offered in housing, except as provided below: (1) Separate housing may be provided for the separate sexes. (2) Available housing may be divided between men and women on the basis of the number of applicants for housing of each sex, provided the housing is comparable in quality and cost. (3) Qualifications for occupancy of family housing shall be the same for married women students as for married men students, and shall be the same for single parents of either sex. Statutory/Other Authority: ORS 659.850 Statutes/Other Implemented: ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0035 Prohibition in Health Insurance Benefits and Services (1) A post-secondary education program or its constituent parts, including student groups, may not offer to applicants or students a medical, hospital or accident policy, plan, benefit or service that unreasonably discriminates on a prohibited basis. (2) Post-secondary education programs may offer a benefit or service even though it is not used by the same proportion of students of one group as of another. When full-coverage health services are provided, basic gynecological care shall be provided. (3) Whatever limits a health service establishes as to services offered shall not differentiate unreasonably among individuals on a prohibited basis. Statutory/Other Authority: ORS 659.850 Statutes/Other Implemented: ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0040 Prohibition in Recruitment (1) In recruiting students, post-secondary education programs shall not unreasonably differentiate among individuals on a prohibited basis. (2) A post-secondary education program shall not recruit primarily or exclusively from schools or other educational institutions that admit applicants or students predominately on a prohibited basis, if such actions result in discriminatory enrollment. Statutory/Other Authority: ORS 659.850 Statutes/Other Implemented: ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018
715-011-0045 Prohibition in Employment (1) Post-secondary education programs shall assure that nondiscriminatory policies are followed in student employment. (2) Post-secondary education programs that actively assist any agency, organization, or person in making employment available to any of its students shall not assist prospective employers known by the post-secondary education program to discriminate in their recruitment, hiring, or employment practices. Statutory/Other Authority: ORS 659.850 Statutes/Other Implemented: ORS 659.850 History: HECC 1-2018, adopt filed 01/04/2018, effective 01/04/2018