reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0260 - Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All evidence of
			 the type commonly relied upon by reasonably prudent persons in the conduct of
			 their serious affairs, including hearsay if reliable, will be
			 admissible.
(2) Irrelevant,
			 immaterial, or unduly repetitious evidence may be excluded.
(3) The burden of presenting evidence to
			 support a fact or proposition rests on the proponent of that fact or
			 proposition.
(4) The burden of
			 presenting evidence to establish a prima facie case rests with the
			 Agency.
(5) When appropriate, the
			 burden of proving failure to mitigate damages rests with the party opposing
			 damages.
(6) Any witness, including
			 Agency staff, may submit evidence to the Administrative Law Judge.
(7) All offered evidence to which there is no
			 objection may be received by the Administrative Law Judge subject to the
			 Administrative Law Judge's power to exclude irrelevant, immaterial, or unduly
			 repetitious evidence.
(8) Evidence
			 on which an objection is made may be taken by the Administrative Law Judge.
			 Rulings on the admissibility or exclusion of this evidence will be made at the
			 hearing or at the time the Proposed Order in the case is issued.
(9) Any declaration, affidavit, certificate,
			 or document included with a case summary or that a participant serves on the
			 other participants at least ten days before hearing may be offered and received
			 into evidence unless cross-examination is requested of the declarant, affiant,
			 certificate preparer, or other document preparer or custodian no later than
			 five days prior to hearing or, for good cause shown, by such other date as the
			 Administrative Law Judge may set. A declaration, affidavit, or certificate may
			 be offered and received with the same effect as oral testimony.
(10) If cross-examination is requested of the
			 declarant, affiant, certificate preparer, or other document preparer or
			 custodian as provided in section (9) of this rule and the preparer is not made
			 available for cross-examination, but the declaration, affidavit, certificate or
			 other document is offered in evidence, the same may be received in evidence,
			 provided the Administrative Law Judge determines that:
(a) The contents of the document are
			 otherwise admissible; and
(b) The
			 participant requesting cross-examination would not be substantially prejudiced
			 by the lack of cross-examination.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0270 - Exhibits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hearing
			 participants must premark their exhibits. Agency exhibits will be marked with
			 "A" (for example, A-1, A-2, etc.), and Respondent exhibits will be marked with
			 "R" (for example, R-1, R-2, etc.). The Administrative Law Judge will preserve
			 the exhibits received as part of the record of the proceedings.
(2) All paper exhibits must be no larger than
			 8-1/2 by 11 inches in size and the participant presenting this exhibit must
			 bring two copies of the exhibit to the hearing in addition to the copies
			 already provided with the case summary. Participants must bring four copies of
			 rebuttal or impeachment exhibits to the hearing unless those exhibits were
			 previously submitted with the case summary, in which case only two additional
			 copies are required at the hearing.
(3) Larger exhibits are allowed; however, in
			 order to be included in the record, the information contained in the exhibit
			 must be reduced to paper 8 1/2 by 11 inches in size.
(4) Variation from the exhibit size
			 requirements will be allowed only when there is no reasonable
			 alternative.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0280 - Stipulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the
			 hearing, participants to a contested case may agree to all or some of the facts
			 involved in the controversy. This may be done through a written and signed
			 stipulation or an oral stipulation made on the record during a prehearing
			 conference. Such a stipulation of facts is binding upon those who agree to it
			 and will be regarded and used as evidence at the hearing. During the hearing,
			 participants may stipulate to facts involved in the controversy. The
			 Administrative Law Judge is bound by the facts set forth in a stipulation, but
			 not by any conclusion drawn from those facts.
(2) Any party interested in stipulating to
			 all or any part of the facts involved in the case should contact the
			 Administrative Prosecutor identified in the Notice of Hearing. The Agency may
			 also contact any party requesting that a stipulation be entered on all or any
			 part of the facts.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0290 - Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
All testimony to be taken at the hearing, except matters
				officially noticed or entered by stipulation, will be sworn or affirmed. This
				may include testimony given on deposition, by declaration, or in answers to
				interrogatories.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0300 - Interpreters and Assistive Communication Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a person unable to speak or
			 understand the English language, or having a physical hearing or speaking
			 impairment, is involved in a contested case hearing, such person is entitled to
			 a qualified interpreter or appropriate assistive communication device. All
			 interpreters will be appointed by the Administrative Law Judge. A participant
			 wishing to obtain the services of an interpreter or to obtain an assistive
			 communication device must notify the Administrative Law Judge no later than 20
			 days before the hearing. Such notification must include:
(a) The name of the person needing a
			 qualified interpreter or assistive communication device;
(b) The person's status as a party or a
			 witness in the proceeding; and
(c)
			 If the request is on behalf of:
(A) A person
			 with a physical hearing or speaking impairment, the nature and extent of the
			 person's impairment, and the type of aural interpreter, or assistive
			 communication device needed or preferred; or
(B) A person unable to speak or understand
			 the English language, the language spoken by the person unable to speak or
			 understand the English language.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0310 - Ex Parte Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 ex parte communication is an oral or written communication to an agency
			 decision maker or the presiding officer not made in the presence of all parties
			 to the contested case proceeding, concerning a fact in issue in the proceeding,
			 but does not include communication from agency staff or counsel about facts
			 already in the record.
(2) The
			 Administrative Law Judge will place on the record a statement of the substance
			 of any ex parte communication on a fact in issue made to the Administrative Law
			 Judge while the proceeding is pending. Participants will be given notice of
			 such ex parte communication and of their right to rebut the substance of the ex
			 parte communication on the record.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0320 - Official Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrative Law Judge, commissioner, or decision maker
				delegated by the commissioner may take notice of judicially cognizable facts
				and of general, technical, or scientific facts within the specialized knowledge
				of the Administrative Law Judge, commissioner, or decision maker delegated by
				the commissioner. Participants will be notified at any time during the
				proceeding of material officially noticed, and they will be afforded the
				opportunity to contest the fact so noticed. The notice required by this section
				may be given to the participants during the hearing, prior to the issuance of
				the Proposed Order, or in the Proposed Order in the matter.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0330 - Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Default may
			 occur when:
(a) A party fails to file a
			 required response, including a request for hearing or an answer, within the
			 time specified in the charging document;
(b) A party withdraws a request for
			 hearing;
(c) The Forum has
			 scheduled a hearing and a party notifies the Agency or the Administrative Law
			 Judge that the party will not appear at the specified time and place;
			 or
(d) Notice regarding the time
			 and place of the hearing was sent to the party and the party fails to appear at
			 the scheduled hearing.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0340 - Relief from Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party
			 seeking relief from default must file a written request for relief from default
			 within 10 days after any of the following:
(a) A Final Order by default has been issued
			 by the Administrator of the Wage and Hour Division;
(b) A notice of default has been issued;
			 or
(c) A party has failed to appear
			 at a hearing and the Administrator of the Wage and Hour Division has issued a
			 Final Order by default.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0350 - Record of Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 verbatim, written and/or mechanical record of the proceeding will be made that
			 includes:
(a) All pleadings, motions, legal
			 memoranda, correspondence, and rulings made by the Administrative Law
			 Judge;
(b) The case summary
			 submitted by any participant;
(c)
			 Evidence received or considered;
(d) Stipulations approved by the
			 Administrative Law Judge;
(e) A
			 statement of matters officially noticed;
(f) Questions asked, offers of proof and
			 objections and rulings made during the hearing;
(g) A statement of any ex parte
			 communications on a fact at issue made to the Administrative Law
			 Judge;
(h) The Proposed Order by
			 the Administrative Law Judge;
(i)
			 Exceptions filed by any participant;
(j) Nonconfidential advice from counsel to
			 the Agency;
(k) Policy statements
			 submitted by the Agency; and
(l)
			 The commissioner's Final Order.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0360 - Post-Hearing Briefs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrative Law Judge may request a post-hearing brief from a participant.
			 The Administrative Law Judge will state the specific issues to be briefed and
			 the deadline for filing the brief.
(2) If a party's brief contains legal
			 argument as defined in OAR
			 839-050-0110(4),
			 the party must file its brief through counsel, except if the party is an
			 individual who is not required under
			 839-050-0110(1)
			 to be represented by counsel and personally files the brief. The Agency may
			 respond to the Administrative Law Judge's request by filing a legal brief from
			 the Attorney General or an Agency statement of policy.
(3) Nothing in this rule limits the
			 Administrative Law Judge's authority to request a statement of policy from the
			 Agency.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0370 - Proposed Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrative Law Judge will prepare and serve upon the commissioner and all
			 participants a Proposed Order including the following:
(a) Rulings, motions, or objections,
			 including those rulings previously reserved;
(b) Findings of fact, including those matters
			 at issue that are either agreed to as fact at the hearing or by stipulation, or
			 that, when disputed, are determined by the Administrative Law Judge to be a
			 fact over contentions to the contrary, and will include:
(A) A concise statement of facts supporting
			 the findings as to each contested issue of fact;
(B) Ultimate facts required to support the
			 Agency's order; and
(C) Credibility
			 findings when credibility is of importance in the decision of the case,
			 including the evidence relied on to reach this finding and the relevance of
			 that evidence.
(c)
			 Conclusions of law;
(d) An opinion
			 explaining the rationale for the findings of fact and conclusions of law;
			 and
(e) An order setting forth the
			 Administrative Law Judge's suggested determination, when the proposed decision
			 is adverse to the party, of the amount owed by the party and any other relief
			 within the authority of the commissioner.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0380 - Exceptions to Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any participant may file exceptions to the Proposed Order. Exceptions must be
			 specific and must be in writing. No oral argument is allowed on exceptions
			 unless requested by the Administrative Law Judge. Any new facts presented or
			 issues raised in exceptions will not be considered by the commissioner in the
			 Final Order.
(2) Exceptions filed
			 by the Agency may include factual summaries, statements of policy, corrections,
			 and prior Agency decisions, but may not include legal argument as defined in
			 OAR 839-050-0110(4)
			 unless the Agency is represented by counsel.
(3) Exceptions filed by a party's authorized
			 representative may include factual summaries, statements of policy,
			 corrections, and prior Agency decisions, but may not include legal argument as
			 defined in OAR 839-050-0110(4).
			 A party that is a government agency, corporation, or unincorporated
			 association, including a limited liability company, may include legal argument
			 in its exceptions only if those exceptions are filed by counsel.
(4) Participants must file any exceptions
			 within ten days of the date of issuance of the Proposed Order. Exceptions must
			 be filed with the Contested Case Coordinator at the address indicated in the
			 Proposed Order. Participants may request an extension of time to file
			 exceptions as provided in OAR
			 839-050-0050.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: 652.332(3), 653.065(1), 658.115,
				  658.407(3), 658.820, 659A.845, 659A.850, ORS
				  279C.860 &
				  279C.865
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0400 - Agency Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrative Law Judge may, at any time during a
				contested case proceeding and before the issuance of a Final Order, request
				that the Agency submit a written statement indicating the Agency's policy with
				regard to any statute or administrative rule at issue in the case. The
				Administrative Law Judge will provide a copy of such request and Agency
				statement to the commissioner and all parties in the case and will include the
				statement in the record of the proceeding.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0410 - Reopening the Contested Case Record

Current through Register Vol. 63, No. 7, July 1, 2024
On the Administrative Law Judge's own motion or on the motion
				of a participant, the Administrative Law Judge will reopen the record when the
				Administrative Law Judge determines additional evidence is necessary to fully
				and fairly adjudicate the case. A participant requesting that the record be
				reopened to offer additional evidence must show good cause for not having
				provided the evidence before the record closed.
Statutory/Other Authority: ORS chapter 183 & ORS
				  651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845 &
				  659A.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0420 - Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 839-050-0220,
			 839-050-0430, or
			 839-050-0440, on the basis of
			 the record considered as a whole, the commissioner will issue a Final Order in
			 writing that includes findings of fact, conclusions of law, and an opinion and
			 order. The Final Order will also contain a notice that the Final Order may be
			 appealed to the Oregon Court of Appeals.
(2) The Final Order may include different
			 findings, conclusions, or interpretations of law than the Proposed
			 Order.
(3) The Final Order may
			 provide for a different determination of liability, alternative means of
			 enforcement, damages, or penalties, than the Proposed Order.
(4) A copy of the Final Order will be served
			 on participants to a contested case in accordance with OAR
			 839-050-0030.
(5) Unless otherwise provided by law, a final
			 order remains in effect during appeal, reconsideration or rehearing until
			 stayed or changed.
(6) The
			 commissioner may authorize and delegate the commissioner's authority to
			 exercise and fulfill the duties of the commissioner, including issuance of
			 Final Orders, to an officer or employee of the Agency, pursuant to ORS
			 651.060. A delegation of
			 authority under this section must be made in writing before the issuance of any
			 order pursuant to the delegation and must be retained in the Agency's
			 records.
Statutory/Other Authority: ORS chapter 183 & 651.060(4)
Statutes/Other Implemented: ORS
				  279C.860,
				  279C.865,
				  652.332(3),
				  653.065(1),
				  658.115,
				  658.407(3),
				  658.820,
				  659A.845,
				  659A.850 &
				  651.060(3)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0430 - Final Order by Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrator of the Wage and Hour Division may issue a Final Order by default
			 when:
(a) A party is given an opportunity to
			 request a hearing and file an answer within the time specified in the charging
			 document and fails to do so; or
(b)
			 A party withdraws the party's request for hearing.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0445 - Proceedings on Prevailing Wage Rate Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule sets forth the procedures used
			 in contested case proceedings requested pursuant to ORS
			 279C.817(4) and
			 OAR 839-025-0005(7).
(2) Proceedings on prevailing wage rate
			 determinations are governed by the procedures set forth in OAR
			 839-050-0000 to
			 839-050-0430, except to the
			 extent those procedures are modified by this rule.
(3) The following definitions apply to this
			 rule:
(a) "Aggrieved person" means a person
			 adversely affected or aggrieved by a commissioner's determination under ORS
			 279C.817.
(b) "Determination" means a determination
			 issued by the commissioner under the provisions of ORS
			 279C.817 and OAR
			 839-025-0005.
(c) "Party" means a requester or aggrieved
			 person who has requested a hearing after the commissioner issues a
			 determination.
(d) "Requester"
			 means a public agency or other interested person who requests a determination
			 under ORS 279C.817 about whether a project
			 or proposed project is or would be a public works on which payment of the
			 prevailing rate of wage is or would be required under ORS
			 279C.840.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 50 - CONTESTED CASE HEARING RULES › Section 839-050-0450 - Proceedings on Apprenticeship and Training Division Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule sets
			 forth the procedures used in a proceeding to show cause requested pursuant to
			 OAR 839-011-0093(5).
(2) Proceedings on apprenticeship and
			 training committee disciplinary procedures are governed by the procedures set
			 forth in OAR 839-050-0000 to
			 839-050-0430, except to the
			 extent those procedures are modified by this rule. References to the
			 commissioner in OAR 839-050-0000 to
			 839-050-0430 will be deemed to
			 refer to the Council, unless the context requires otherwise. References to
			 Agency will be deemed to refer to the Division, unless the context requires
			 otherwise.
(3) The following
			 definitions apply to this rule:
(a) "Council"
			 means the Oregon State Apprenticeship and Training Council.
(b) "Determination" means a determination
			 issued by the Council under the provisions of OAR
			 839-011-0093(5).
(c) "Director" means the individual who
			 serves as council secretary and is responsible for the administration of ORS
			 660.002 to
			 660.210, including supervision
			 of all office and field staff.
(d)
			 "Division" means the Apprenticeship and Training Division of the Bureau of
			 Labor and Industries.
(e) "Local
			 Committee" means any registered joint or trades apprenticeship or training
			 committee approved by the Council.
(f) "Registered Apprenticeship Program" means
			 a local committee approved by the Council to operate an apprenticeship or
			 training program in a specific occupation.
(g) "Registered Pre-Apprenticeship Program"
			 means a training program approved by the Council that prepares individuals for
			 acceptance into a registered apprenticeship program.
(h) "Standards" means a written agreement
			 submitted by a local committee and approved by the Council, which sets forth a
			 plan containing all terms and conditions for the qualification, employment and
			 training of apprentices or trainees as set forth in ORS chapter 660.126 and
			 660.137.
(i) "Training Agent" means
			 an employer or organization approved by a local committee to employ and train
			 apprentices and registered with the Division.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 51 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 839-051-0010 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in 192.410 to 192.505.
(3) This
			 rule applies only to mediations in which the agency is a party or is mediating
			 a dispute as to which the agency has regulatory authority. This rule does not
			 apply when the agency is acting as the "mediator" in a matter in which the
			 agency also is a party as defined in ORS
			 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in 40.190 (OEC Rule
			 408), notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential;
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 51 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 839-051-0020 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to workplace interpersonal disputes, which are disputes involving
			 the interpersonal relationships between this agency's employees, officials or
			 employees and officials. This rule does not apply to disputes involving the
			 negotiation of labor contracts or matters about which a formal grievance under
			 a labor contract, a tort claim notice or a lawsuit has been filed.
(2) The words and phrases used in this rule
			 have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in 40.190 (OEC Rule
			 408), notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 1 - PROCEDURAL RULES › Section 845-001-0005 - Notice of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any permanent rule,
				the Commission shall give notice of the intended action:
(1) In the Secretary of State's bulletin
			 referred to in ORS 183.360 at least 21 days prior
			 to the effective date. If a hearing is scheduled after the original notice, the
			 subsequent notice must appear in the bulletin at least 14 days before the date
			 of the hearing;
(2) By mailing or
			 e-mailing a copy of the notice to persons on the mailing list established
			 pursuant to ORS 183.335(8) at
			 least 28 days prior to the effective date. If a hearing is scheduled after the
			 original notice, the subsequent notice must be mailed or e-mailed at least 21
			 days before the date of the hearing;
(3) 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
(4) By mailing, e-mailing, or furnishing a
			 copy of the notice to:
(a) The Associated
			 Press; and
(b) Associations or
			 organizations having an interest in the rule matter.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 1 - PROCEDURAL RULES › Section 845-001-0007 - Attorney General's Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Attorney General's "Model Rules for
			 Rulemaking," effective May 1, 2014, are hereby adopted by reference as
			 permanent rules for rulemaking procedure. The Attorney General's "Model Rules
			 for Rulemaking" are set forth in OAR
			 137-001-0005 to
			 137-001-0100.
(2) The Commission's administrative rules for
			 contested case proceedings, miscellaneous proceedings, and orders in other than
			 contested cases are set forth in Division 003 of this chapter.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Liquor
				  and Cannabis Commission.
Statutory/Other Authority: ORS
				  471.030,
				  471.730(1) &
				  (5)
Statutes/Other Implemented: ORS
				  183.341(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 1 - PROCEDURAL RULES › Section 845-001-0008 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224, OAR
				137-005-0052 is hereby adopted
				by reference as the permanent rule for mediation confidentiality.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  36.224
Statutes/Other Implemented: ORS
				  36.224,
				  36.228,
				  36.230 &
				  36.232
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 1 - PROCEDURAL RULES › Section 845-001-0009 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to workplace interpersonal disputes, which are disputes involving
			 the interpersonal relationships between this agency's employees, officials or
			 employees and officials. This rule does not apply to disputes involving the
			 negotiation of labor contracts or matters about which a formal grievance under
			 a labor contract, a tort claim notice or a lawsuit has been filed.
(2) The words and phrases used in this rule
			 have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator:
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration unless:
(a) All the parties to
			 the mediation and the mediator agree in writing to the disclosure; or
(b) The mediation communication may be
			 disclosed or introduced into evidence in a subsequent proceeding as provided in
			 subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0200 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules control the
			 Commission'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 Commission as an employee, volunteer, contractor or vendor in a
			 position covered by OAR
			 845-002-0220. The fact that the
			 Commission approves a subject individual as fit does not guarantee the
			 individual a position as a Commission employee, volunteer, contractor or
			 vendor.
(2) Authority. These rules
			 are authorized under ORS
			 181.534, and ORS
			 471.030,
			 471.040,
			 471.695 and
			 471.730.
Stat. Auth.: ORS
				  181.534,
				  471.030,
				  471.040 &
				  471.730
Stats. Implemented: ORS
				  181.534 &
				  471.695
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 845, division 002, unless the context of
				the rule requires otherwise, the following definitions apply:
(1) "Approved" means that, pursuant to a
			 preliminary fitness determination under OAR
			 845-002-0240 or a final fitness
			 determination under 845-002-0260, an authorized
			 designee has determined that the subject individual is fit to be an employee,
			 volunteer, contractor or vendor in a position covered by
			 845-002-0220.
(2) "Authorized Designee" means a Commission
			 employee authorized to obtain and review criminal offender information and
			 other criminal records information about a subject individual through criminal
			 records checks and other means, and to conduct a fitness determination in
			 accordance with these rules.
(3)
			 "Commission", "The Commission" or "OLCC" means the Oregon Liquor and Cannabis
			 Commission or any subdivision thereof.
(4) "Conviction" means that a court of law
			 has entered a final judgment on a verdict or finding of guilty, a plea of
			 guilty, or a plea of nolo contendere (no contest) against a subject individual
			 in a criminal case, unless that judgment has been reversed or set aside by a
			 subsequent court decision.
(5)
			 "Criminal Offender Information" includes records and related data as to
			 physical description and vital statistics, fingerprints received and compiled
			 by the Oregon Department of State Police Bureau of Criminal Identification for
			 purposes of identifying criminal offenders and alleged offenders, records of
			 arrests and the nature and disposition of criminal charges, including
			 sentencing, confinement, parole and release.
(6) "Criminal Records Check" or "CRC" means
			 one of three processes undertaken to check the criminal history of a subject
			 individual:
(a) A check of criminal offender
			 information and motor vehicle registration and driving records conducted
			 through the Law Enforcement Data System (LEDS) maintained by the Oregon
			 Department of State Police, in accordance with the rules adopted and procedures
			 established by the Oregon Department of State Police (LEDS Criminal Records
			 Check);
(b) A check of Oregon
			 criminal offender information, including through fingerprint identification,
			 conducted by the Oregon Department of State Police at the Commission's request
			 (Oregon Criminal Records Check); or
(c) A nationwide check of federal criminal
			 offender information, including through fingerprint identification, conducted
			 by the Oregon Department of State Police through the Federal Bureau of
			 Investigation or otherwise at the Commission's request (Nationwide Criminal
			 Records Check).
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0220 - Subject Individual

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Subject Individual" means a person from whom the Commission may require
			 fingerprints for the purpose of conducting a criminal records check because the
			 person:
(a) Is employed by or applying for
			 employment with the Commission; or
(b) Provides services or seeks to provide
			 services to the Commission as a volunteer, contractor, or vendor; and
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0230 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosure of Information by Subject
			 Individual.
(a) Preliminary to a criminal
			 records check, a subject individual shall complete and sign the OLCC Criminal
			 Records Request form and, if requested by the Commission, a fingerprint card.
			 Both forms ask for identifying information, e.g., name, birth date, Social
			 Security Number, physical characteristics, marital status, driver's license or
			 identification card number, and current address. The OLCC Criminal Records
			 Request form also asks for information about prior residences and for details
			 concerning circumstances listed in OAR
			 845-002-0240(3)(a)-(f).
(b) A subject individual shall complete and
			 submit to the Commission the OLCC Criminal Records Request form and, if
			 requested, a fingerprint card within three business days of receiving the
			 forms. An authorized designee may extend the deadline for good cause.
(c) The Commission shall receive a
			 fingerprint card from a subject individual under the age of 18 years only if
			 the subject individual also submits the written consent of a parent or
			 guardian.
(d) Within a reasonable
			 period of time as established by an authorized designee, a subject individual
			 shall disclose additional information as requested by the Commission in order
			 to resolve an issue hindering the completion of a criminal records check, e.g.,
			 providing additional proof of identity.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0240 - Preliminary Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee may conduct a
			 preliminary fitness determination if the Commission is interested in hiring or
			 appointing a subject individual on a preliminary basis, pending a final fitness
			 determination.
(2) An authorized
			 designee shall make a preliminary fitness determination about a subject
			 individual based on information disclosed by the subject individual under OAR
			 845-002-0230(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 been convicted
			 of, found guilty except for insanity (or comparable disposition) of, or has a
			 pending indictment for a crime listed or described under OAR
			 845-002-0270;
(b) Within the last five years, has been
			 arrested for or charged with a crime listed or described under OAR
			 845-002-0270;
(c) Is being investigated for, or has an
			 outstanding warrant for a crime listed or described under OAR
			 845-002-0270;
(d) Is currently on probation, parole, or
			 another form of post-prison supervision for a crime listed or described under
			 OAR 845-002-0270;
(e) Has a deferred sentence or conditional
			 discharge or is participating in a diversion program in connection with a crime
			 listed or described under OAR
			 845-002-0270; 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 or described under OAR
			 845-002-0270.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0250 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission 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
			 845-002-0240.
(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 Commission.
(3) A subject individual hired or appointed
			 on a preliminary basis is deemed to be on trial service and, if removed from
			 trial service prior to completion of a final fitness determination under OAR
			 845-002-0260, may not appeal the
			 trial service removal under the process provided under OAR
			 845-002-0300.
(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
			 845-002-0260(3)(d),
			 then the Commission shall immediately terminate the subject individual's
			 employment or appointment.
(5) A
			 subject individual whose employment or appointment is terminated under
			 subsection (4) of this rule may avail himself or herself of the appeal process
			 provided under OAR 845-002-0300.
Stat. Auth.: ORS
				  181.534,
				  471.030,
				  471.040 &
				  471.730
Stats. Implemented: ORS
				  181.534 &
				  471.695
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0270 - Potentially Disqualifying Crimes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 FELONIES AND MISDEMEANORS. A conviction of any of the following crimes is
			 potentially disqualifying. The lists include offenses that are crimes and are
			 not intended to include offenses that are classified as violations (See ORS
			 161.505 through
			 161.565). No crimes are
			 considered automatically disqualifying under these rules.
(a) Any federal crime.
(b) Any U.S. military crime.
(c) Felonies and misdemeanors in Oregon. Any
			 felony or misdemeanor in Oregon Revised Statutes.
(d) Crimes Outside Oregon. Any felony or
			 misdemeanor in a jurisdiction outside Oregon (including crimes outside the
			 United States) that is the substantial equivalent of any Oregon crime, or that
			 is serious and indicates behavior that poses a threat or jeopardizes the safety
			 of the Commission, its client entities, the State, or members of the public as
			 determined by the authorized designee.
(e) Inchoate crimes. Any inchoate crime or
			 attempt, solicitation or conspiracy to commit a crime listed or described in
			 this section pursuant to ORS
			 161.405,
			 161.435, or
			 161.450, including any crime
			 based on criminal liability for conduct of another pursuant to ORS
			 161.155. If the crime occurred
			 outside Oregon, similar inchoate crimes from local jurisdictions shall be
			 considered by the authorized designee.
(f) Repealed crimes. Any offense that no
			 longer constitutes a crime under Oregon law or the law of another jurisdiction,
			 but is the substantial equivalent of any of the crimes listed or described in
			 this section (section (1)) as determined by the authorized designee.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0280 - Incomplete Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission will close a preliminary
			 or final fitness determination as incomplete when:
(a) Circumstances change so that a person no
			 longer meets the definition of a "subject individual" under OAR
			 845-002-0220;
(b) The subject individual does not provide
			 materials or information under OAR
			 845-002-0230(1)
			  within the timeframes established under that
			 rule;
(c) An authorized designee
			 cannot locate or contact the subject individual;
(d) The subject individual fails or refuses
			 to cooperate with an authorized designee's attempts to acquire other criminal
			 records information under OAR
			 845-002-0260(2);
			 or
(e) The Commission determines
			 that the subject individual is not eligible or not qualified for the position
			 (of employee, contractor, vendor or volunteer) for a reason unrelated to the
			 fitness determination process.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0290 - Notice to Subject Individual of Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee shall provide, in
			 a format approved by the Commission, written notice to a subject individual
			 upon completion of a preliminary or final fitness determination, or upon the
			 closing of a fitness determination due to incompleteness.
(a) The authorized designee shall record on
			 the notice the date on which the fitness determination was either closed as
			 incomplete or completed.
(b) If the
			 notice pertains to a completed final fitness determination, it shall be
			 accompanied by a separate notice addressing the subject individual's right to
			 request a contested case hearing to appeal the Commission's determination and
			 containing the information required by OAR
			 137-003-0505.