justicedao/ipfs_state_laws huggingface dataset:
586-010-0035 Record of Meetings The minutes of all meetings and proceedings of the Board shall be prepared and maintained by the executive secretary and shall be approved by the Board. Minutes of the Board shall be available for inspection by any person at the office of the executive secretary during regular business hours. Copies may be obtained upon written request to the executive secretary. Statutory/Other Authority: ORS 183 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0040 Official Records The official records of the Fair Dismissal Appeals Board shall be maintained in the office of the executive secretary. The executive secretary shall be the custodian of records. Statutory/Other Authority: ORS 183 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0045 Executive Secretary The Superintendent of Public Instruction shall appoint an executive secretary from the staff of the State Department of Education who will serve as administrative officer. The executive secretary shall serve at the pleasure of the Board. Statutory/Other Authority: ORS 183 & 342.805 - 342.934 History: FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0050 Adoption and Amendment of Rules Board rules shall be adopted and amended in conformance with provisions of ORS Chapter 183. Statutory/Other Authority: ORS 183 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0055 Parliamentary Procedure Roberts Rules of Order shall be the parliamentary procedure for the conduct of all meetings of the Board except as amended by these policies. Statutory/Other Authority: ORS 342 History: FDA 6-1980, f. 10-31-80, ef. 11-3-80 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0060 Compensation and Expenses of Board Members shall be entitled to compensation and travel expenses as provided in ORS 292.495 in the performance of their duties pursuant to the Fair Dismissal Law. Such expenses shall be paid upon submission of signed vouchers furnished by the State Department of Education and shall be billed to the appropriate district school board or the State Department of Education as provided in ORS 292.495 or 342.930(5). Statutory/Other Authority: ORS 342.805 - 342.934 History: FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 14, f. 3-3-77, ef. 3-5-77 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0065 Expenses for Professional and Other Special Assistance The Board shall be furnished by the State Department of Education at the Department’s expense appropriate professional and other special assistance reasonably required in the performance of the Board’s duties. Statutory/Other Authority: ORS 342.805 - 342.934 History: FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0070 Fair Dismissal Appeals Board Case Digest, Completion, and Distribution (1) The Board’s case record for every case filed under the Fair Dismissal Law and Accountability to Schools for the 21st Century Law, shall include the notice of appeal, every order and ruling issued in the case by the panel appointed for the case and a copy of every appellate court decision issued upon judicial review of any order in the case. (2) The Executive Secretary shall furnish to each new board member, within 30 days after Senate confirmation, a cumulative list of appeals to the Board since enactment of the Fair Dismissal Law and Accountability to Schools for the 21st Century Law showing the name of each case, the docket number of the case and the date the appeal was filed; a copy of all orders issued in each case; and a copy of all appellate court decisions issued upon judicial review of any order in a case. An up-to-date cumulative list of appeals shall be prepared annually by the Executive Secretary and furnished to each member of the Board. A copy of every newly issued order or appellate court decision issued in any case filed with the board shall be furnished to each member of the board. A copy of every newly issued order or appellate court decision issued in any case filed with the Board shall be furnished by the Executive Secretary to each member of the Board within 30 days after issuance of the order or decision. (3) The Executive Secretary shall compile and distribute to each Board member at least annually annotations, digests or synopses of decisions in Board cases to assist panels in adjudication of cases heard by them. Statutory/Other Authority: ORS 183 & 342 Statutes/Other Implemented: ORS 864 & OL 1997 History: FDAB 1-1998, f. & cert. ef. 6-4-98 FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98 FDA 1-1991, f. 3-27-91, cert. ef. 3-28-91
586-030-0025 Preliminary Matters (1) Preliminary motions challenging the Board’s jurisdiction or requesting dismissal of the appeal without a hearing shall be filed with the Executive Secretary at the earliest possible time. A briefing schedule shall be established. The panel may schedule a limited evidentiary hearing and/or oral argument by phone or in person and shall provide the parties with a ruling on the motion at the earliest practicable time. If the motion is denied or deferred, then the hearing process shall continue. (2) All other preliminary motions shall be filed with the Executive Secretary. The panel will determine whether to rule on the matter prior to commencement of the hearing on the merits. Parties may also request advance rulings. (3) The Executive Secretary or panel legal counsel may direct the parties to respond to inquiries related to any motion or to submit affidavits with or in response to any motion in order to determine if factual issues raised by the motion are not in dispute. The parties may be requested to waive objection to hearing dates beyond the statutory timeframe depending on the factual and legal complexity of the issues being raised. 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
586-030-0032 Request to Participate as Party or in Limited Party Status (1) Persons requesting to participate in a party or limited party status shall file a petition, with sufficient copies for service on the parties, with the Executive Secretary of the FDAB at least ten (10) days prior to the date set for hearing. Absent good cause, untimely filed petitions shall not be considered. (2) The petition shall set forth the following: (a) Name and address of the petitioner, and of any organization which the petitioner represents; (b) Name and address of the petitioner's attorney, if any; (c) If the petitioner is seeking party or limited party status to protect an alleged personal interest in the outcome of the proceeding, a detailed statement of the petitioner's interest and of how such interest may be affected by the results of the proceeding; and (d) If the petition purports to be representing a public interest in the results of the proceeding, a detailed statement describing: (A) The public interest; (B) The manner in which that interest will be affected by the results of the proceeding; (C) The petitioner's qualifications to represent the public interest; and (D) Reasons why existing parties cannot adequately represent the identified public interests. (3) A petition for limited party status shall identify the precise area or areas in which participation is requested, in addition to the items set forth in paragraph 2 above. (4) Petitions for party status shall be delivered to all parties by the Executive Secretary either by fax or mail. Objections must be delivered by facsimile or other method and received at the Executive Secretary's office within 48 hours of service of the petition. (5) The panel shall consider the rights of the existing parties, the delay, if any, caused by granting a party or limited party status to petitioner and any impact on due process considerations. (6) The panel shall promptly serve its written decision concerning this matter on all parties. If status is granted, the order shall designate those areas in which it is to apply. (7) The role and order of appearance for a party granted limited status shall be determined by the Panel prior to commencement of the hearing. 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
586-030-0040 Testimony of Witness Not Present at Hearing (1) With the consent of all parties, testimony of witnesses may be by telephonic or other electronic means of voice transmission. (2) Absent consent, a written request can be made to the Executive Secretary for permission to take testimony by telephonic or other electronic means of voice transmission. The request shall be filed and served on the opposing parties at least 15 days before the scheduled commencement of the hearing and shall provide the following information: (a) Name and address of witnesses whose testimony is sought; (b) A brief description of the nature of the evidence to be presented; and (c) Reasons why the witness will not be present at the hearing. (3) If circumstances prevent compliance with the 15 day requirement set forth above, the request shall be filed and served as soon as possible after the party learns of the specific need. (4) The opposing party has 5 days (or a reasonable time if less notice if given) to respond in writing. (5) The Executive Secretary, if necessary, or panel legal counsel, shall rule on the request. A conference call may be scheduled to hear from the parties. Factors include whether: (a) The witness is located or currently working outside the State of Oregon; (b) A subpoena could be used to compel attendance; and (c) Attendance would be unduly burdensome to the witness or the party calling the witness. (6) The request shall normally be granted unless the party opposing the request would be deprived of a fair hearing under all the circumstances. The ruling shall be communicated to all parties by the most expeditious means possible. (7) In deciding on the request, alternatives including perpetuation of testimony, use of prior testimony or continuance of the hearing may be considered. Factors to evaluate include: (a) The statutory timeframe to conclude the hearing; (b) Whether personal appearance is necessary to fairly decide the case; (c) The availability for an appearance; (d) Whether prior sworn testimony exists and is reliable; and (e) The Due Process rights of the parties. (8) If perpetuation of testimony is allowed the party utilizing this procedure has the responsibility of presenting either a transcript, as an exhibit for the hearing, or a video tape of the testimony, as specified in the Order. The panel would rule on all objections either at the time of the hearing or in the final order. (9) After the hearing commences, any question about the form or timing of testimony shall be decided by the panel. The panel has the discretion to require the personal appearance of any witness if the circumstances dictate this is necessary for the panel to meet its obligation under the statute. 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
586-030-0044 Rights of Parties in Fair Dismissal Appeal Hearings (1) The information required prior to commencement of a contested case hearing by ORS 183.413(2) shall include: (a) If a party is not represented by an attorney, a general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence; (b) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties; (c) The function of the record-making with respect to the perpetration of the testimony and evidence and with respect to any appeal from the determination or order of the panel; (d) The names of the panel selected for the hearing and final determination in the proceeding and whether an attorney will represent the panel in the course of its review and whether the parties ordinarily and customarily are represented by an attorney; (e) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party's rights; (f) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the panel and the hearing reopened; and (g) A description of the appeal process from the determination or order of the panel. (2) The information required in section (1) of this rule may be given in writing or orally before the start of the hearing. 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
586-030-0050 Exhibits (1) At the start of the hearing each party shall provide the panel the original and four copies of exhibits for their respective case-in-chief (a total of 5 sets) with an exhibit list. Witnesses shall use the original exhibits. (2) Appellant shall designate and mark exhibits “A-1” et seq and the school district “D-1” et seq. The exhibit list shall provide identification by exhibit number, a brief description, and columns showing “pages” (filled out) “offered” and “received.” (3) Exhibits shall be arranged in a chronological or other logical order. Three ring binders to hold the exhibits shall be provided where the number make it difficult to retain. (4) In addition to the District’s requirements under ORS 342.905(4), the parties shall exchange exhibits for their respective case-in-chief and the exhibit list ten (10) calendar days prior to commencement of the hearing. (5) The panel may take time at the beginning of the hearing to discuss preliminary admissibility of exhibits. (6) Exhibits not pre-marked and distributed prior to the hearing will be excluded in that party’s case-in-chief unless good cause is shown why they were not presented consistent with these rules. (7) Exhibits that are used solely for impeachment or rebuttal may be submitted during the hearing without pre-marking and exchanging under this rule. The same total number shall be provided as specified above. (8) All exhibits offered and not withdrawn shall remain in the record even if not received by panel. Statutory/Other Authority: ORS 183 & 342 Statutes/Other Implemented: ORS 864 & OL 2001 History: FDAB 1-2005, f. & cert. ef. 10-21-05 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
586-030-0051 Witnesses (1) In addition to the District’s requirements under ORS 342.905(4), the parties shall exchange witness lists ten (10) calendar days prior to the commencement of the hearing. (2) All testimony to be considered at a hearing, except matters officially notices or entered by stipulation, shall be sworn or affirmed. (3) Refusal of a witness to answer any question ruled to be proper shall, in the discretion of the panel, be grounds for excusing the witness and/or striking any or all testimony given by the witness. Statutory/Other Authority: ORS 342.930 Statutes/Other Implemented: ORS 342.905 History: FDAB 1-2005, f. & cert. ef. 10-21-05
586-030-0055 Evidentiary Standard, Objections, Standard of Proof, Burdens and Privileges (1) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. (2) Evidence must be objected to at the time it is offered or the objection is waived. (3) All offered evidence, not objected to, will be received by the panel subject to the power to exclude irrelevant, immaterial, or unduly repetitious matter. (4) Objections to evidence may be ruled on at the hearing or the evidence may be conditionally received subject to a ruling on its admissibility or exclusion as part of the Final Order. (5) The degree of proof of all factual determinations by the panel shall be based on the preponderance of the evidence standard. (6) The burden of presenting evidence to support a fact or proposition rests on the proponent of the fact or proposition at all stages of the proceeding, including motions, at hearing and for any post-hearing matter. (7) The burden of proof rests with the party legally responsible to establish the particular fact or proposition. (8) The panel shall acknowledge privileges recognized by law when receiving evidence and ruling on objections. 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 FDA 1-1985, f. 3-25-85, cert. ef. 3-27-85 FDA 1-1981, f. & cert. ef. 3-20-81 FDA 6, cert. ef. 3-11-75(Temp), 4-11-75(Perm)
586-030-0060 Hearing Procedures (1) The panel assigned to hear the matter shall appoint one member as chair to conduct the hearing, swear in the witnesses and rule on objections and offers. All witnesses shall be heard only upon oath or affirmation to tell the truth. (2) The hearing will proceed as follows: (a) The district may make an opening statement; appellant may then make one or reserve opening statement until the beginning of appellants’ case. (b) The district may present evidence in support of the content of the District’s written notice of dismissal or contract non-extension; (c) The appellant may present evidence relevant to or rebutting the matters contained in the written notice along with any other defenses; (d) The district may then present evidence in rebuttal to evidence given by appellant; (e) The appellant may then present evidence in sur-rebuttal to any rebuttal evidence; and (f) The District may make oral closing argument, followed by the appellant. District, as the moving party, may reserve some time for final closing. The Panel shall advise the parties of any time limitation on closing argument in advance. (3) Any party may examine their own witnesses and may cross-examine any other party’s witnesses. The panel, with the assistance of legal counsel, may question any witness. (4) The hearing will be recorded, by a designated hearing reporter/recorder or taped by an individual designated by the panel. A copy of the transcript of the proceeding or a duplicate of any tape recording may be obtained at cost. (5) Parties, witnesses and counsel shall conduct themselves in a respectful manner at all times and are subject to sanction — up to summary dismissal of their claims — for violation of this rule. (6) The general procedure and conduct of the hearing will be similar to a court proceeding, although not as formal. (7) The chair may recess or adjourn the hearing at appropriate times for reasons found to be sufficient. The chair has the discretion to establish when the hearing will reconvene consistent with the statutory time frame to complete the case. The parties have the option of waiving objection to completion of the case within the statutory timeframe when the decision on reconvening is being made. (8) After the hearing is closed, the panel shall deliberate and then, with assistance of counsel, prepare a written report in the form of a final order. Statutory/Other Authority: ORS 183 & 342 Statutes/Other Implemented: 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 FDA 1-1985, f. 3-25-85, cert. ef. 3-27-85 FDA 1-1981, f. & cert. ef. 3-20-81 FDA 6, cert. ef. 3-11-75(Temp), 4-11-75(Perm)
586-030-0070 Final Orders, Notification and Timing (1) The panel shall make all determinations required by the statute in the Final Order, including: (a) Whether the facts relied upon to support the statutory grounds cited for dismissal or non-extension are true and substantiated; (b) Whether the facts that are true and substantiated are both: (A) Relevant to; and (B) Adequate to justify the statutory grounds. (c) In making these determinations that panel shall consider any written rules, policies or standards of performance adopted by the district, including, where applicable, whether the rules, policies or standards have been so inconsistently applied as to amount to arbitrariness. (2) The panel shall not reverse the district’s decision where the facts are true and substantiated unless it finds from the evidence, and states with specificity in the order, that the action was: (a) Unreasonable; (b) Arbitrary; or (c) Clearly an excessive remedy. (3) If the panel finds the facts are not true and substantiated, or even if true and substantiated, are not relevant or adequate to justify the statutory grounds cited by the district, the appellant shall be reinstated with any back pay that is awarded in the order. (4) Final orders shall be in writing and include the following: (a) As necessary any rulings on motions or objections raised in the course of the proceeding; (b) Findings of fact; (c) Conclusion of law; and (d) Order. (5) The Final Order shall be rendered no later than 140 days after filing of the appeal unless additional time has been deemed necessary consistent with due process. A copy of the written decision will be served personally or by certified mail, return receipt requested, to the parties or their legal representatives and the original submitted to the Executive Secretary. 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 FDA 1-1987, f. & ef. 11-16-87
586-030-0075 Reconsideration or Rehearing (1) A party may file a petition for reconsideration or rehearing on a final order with the Executive Secretary for the board within 21 days after the order is served. (2) The petition shall set forth specific ground(s) for the request and may be supported by written argument. The party opposing the petition may submit written objections within 14 days of receiving the petition. (3) No new grounds or arguments, nor objections not preserved at the hearing, are to be cited and they shall not be considered. (4) The panel may, in its discretion, grant the petition for sufficient reason. The written order addressing the petition shall state whether an amended final order is to be filed as a result of the petition or if the original order will remain. (5) If the panel does not act on the petition by the 60th day following the date the petition was filed, the petition shall be deemed denied. Statutory/Other Authority: ORS 864 & 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