Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0037 - Duty of Cooperation, Subpoenas, Discovery and Pre-Hearing Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The timelines
			 required by statute impose upon all parties in these proceedings the
			 affirmative obligation to cooperate to the fullest extent possible in advance
			 of and during the hearing. If necessary a lead counsel shall be designated. The
			 most expeditious means of communication possible will be used including
			 telephone, fax, or email to exchange information and discuss issues affecting
			 case presentation. The parties shall mutually cooperate to voluntarily make
			 witnesses and physical evidence available for the hearing when they, in good
			 faith, have the ability to do so.
(2) Subpoena requests shall be in writing, to
			 the Executive Secretary, with a copy to the opposing party, whether for hearing
			 witnesses or for the production of physical evidence at or prior to the
			 hearing. Statutory fees and the cost of service shall be the responsibility of
			 the requesting party. The Executive Secretary, through legal counsel, may
			 require an explanation of the testimony or the nature of the physical evidence
			 expected under the subpoena and whether the opposing party has been requested
			 to voluntarily produce the person or items sought before deciding whether to
			 issue a subpoena. The panel may issue its own subpoenas.
(3) Appellant may request, in writing, access
			 to all physical evidence (e.g. documents, tape recordings or other stored data)
			 relied upon by the district in making the decision at issue or that the
			 district has acquired with the intention of offering during its case-in-chief.
			 The district shall promptly respond by making available for inspection the
			 information requested. Appellant's representative may request copies of any
			 items reviewed, subject to payment of the costs associated with providing
			 them.
(4) The district may request,
			 in writing, access to any physical evidence that the appellant intends to claim
			 at hearing is either in explanation of the conduct at issue or will be
			 presented as a defense. District's representative may request copies of any
			 items reviewed, subject to payment of the costs associated with providing
			 them.
(5) The parties shall
			 promptly confer on objections or questions on the scope of the request. They
			 shall cooperate concerning the manner of inspection or providing copies. If the
			 parties cannot agree then they shall in good faith and cooperatively schedule
			 an oral telephone conference before the Executive Secretary or Panel counsel to
			 resolve the issue. The parties may refer to the discovery provisions in the
			 Oregon Rules of Civil Procedure for general guiding principals in their
			 discussions or during a conference call.
(6) Failure to cooperate or to produce
			 discovery may result in sanctions, including a continuance or exclusion of
			 evidence, depending on the circumstances.
(7) Both parties are entitled to all
			 privileges recognized by law, including but not limited to attorney-client and
			 work product.
(8) Discovery
			 depositions, interrogatories and request for admissions are not
			 permitted.
(9) A pre-hearing
			 conference by phone with the parties or their legal counsel may be scheduled by
			 the Executive Secretary or panel legal counsel for the purpose of assuring an
			 orderly and efficient hearing process. Discussion topics may include anything
			 that could impact the hearing. This includes preliminary hearing motions,
			 advance agreement on exhibits to be offered, plus witness availability and
			 scheduling. A written summary of the discussion and any agreements reached may
			 be provided to the panel, and parties or their legal counsel by the Executive
			 Secretary or panel legal counsel.
Stat. Auth.: ORS 183 & ORS 342
Stats. Implemented: ORS 864, OL
				  2001