reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0032 - Request to Participate as Party or in Limited Party Status

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0040 - Testimony of Witness Not Present at Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0044 - Rights of Parties in Fair Dismissal Appeal Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0050 - Exhibits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183 & 342
Stats. Implemented: ORS 864 & OL
				  2001
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0051 - Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  342.930
Stats. Implemented: ORS
				  342.905
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0055 - Evidentiary Standard, Objections, Standard of Proof, Burdens and Privileges

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183 & ORS 342
Stats. Implemented: ORS 864, OL
				  2001
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0060 - Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0070 - Final Orders, Notification and Timing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0075 - Reconsideration or Rehearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 864 & ORS 342
Stats. Implemented: ORS 864, OL 2001
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0076 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any party may
			 appeal the final order of the panel by filing a petition in the Court of
			 Appeals in accordance with the statutory timelines following the date the final
			 order is served or within the statutory timeline after denial of a petition for
			 rehearing or petition for reconsideration.
(2) The record will be made available to the
			 parties for inspection, upon reasonable advance request and at a reasonable
			 time and place, if there is an appeal of the final order. The record shall
			 include the following items:
(a) All
			 pleadings, motions and intermediate rulings;
(b) Evidence received or
			 considered;
(c)
			 Stipulations;
(d) Correspondence
			 from and to parties or their legal counsel;
(e) A statement of any ex parte
			 communications on a fact in issue made to a panel member;
(f) Any portion of the hearing record
			 transcribed for the Panel
(g) The
			 reporting/recording firm telephone number and address; and
(h) The Final Order.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0080 - Ex Parte Communications to the Panel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The panel shall give notice to all
			 parties of ex parte communications. The notice shall include the substance of
			 the communication, if oral, and if in writing, a copy, and whether the panel
			 will consider the ex parte communication in deciding the case.
(2) If notice is given that the communication
			 will be considered, a party may request the panel to accept evidence, either by
			 way of documentary rebuttal or schedule a limited hearing to receive evidence
			 relating to the ex parte communication.
(3) All documents and other evidence
			 concerning ex parte communications shall be made a part of the official board
			 record.
Stat. Auth.: ORS 183 & ORS 342
Stats. Implemented: ORS 864, OL 2001
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0085 - Board Members, Representatives or Legal Counsel as Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No Board
			 Member, representative of the Board or legal counsel to the Board shall be
			 called or appear as a witness at a hearing on behalf of any party without the
			 prior consent of the panel.
(2) A
			 request for such testimony shall be in writing and filed with the Executive
			 Secretary to the Board at least ten (10) days before the scheduled commencement
			 of the hearing. It shall state the:
(a) Name
			 and capacity with the board of the witness whose testimony is sought;
(b) The specific area of testimony expected
			 from the witness; and
(c) An
			 explanation of why the testimony is necessary for the party's
			 presentation.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 1 - GENERAL PROVISIONS › Section 589-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 1 - GENERAL PROVISIONS › Section 589-001-0100 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
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 -
				2019.
The full text of the Attorney General's Administrative Law
				  Manual and Uniform and Model Rules of Procedure Under the APA - 2019 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
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 1 - GENERAL PROVISIONS › Section 589-001-0200 - Establishing Fees for Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
The Higher Education Coordinating Commission, through the
				Office of Community Colleges and Workforce Development, may charge a fee based
				upon actual cost of supplying, reproducing, handling, shipping or otherwise
				processing public records on request.
Stat. Auth.: ORS
				  326.051
Stats. Implemented: ORS
				  192.440
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 1 - GENERAL PROVISIONS › Section 589-001-0300 - Definitions for OAR Chapter 589, Divisions 1 through 20

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR chapter 589, divisions 001 through 020,
				the following definitions apply:
(1)
			 "Executive Director" means the Executive Director appointed under ORS 351.735 by the Commission.
(2) "Director"
			 means the Director of the Office of Community Colleges and Workforce
			 Development appointed under ORS 351.762;
(3) "Board" means the board of education of a
			 community college district;
(4)
			 "Commission" means the Higher Education Coordinating Commission;
(5) "Office" means the Office of Community
			 Colleges and Workforce Development;
(6)
(a)
			 Community College" means a public institution operated by a community college
			 district for the purposes of providing courses of study generally limited to
			 not more than two years' full-time attendance and designed to meet the needs of
			 a geographical area by providing educational services, including but not
			 limited to professional technical education programs or lower division
			 collegiate programs.
(b) The
			 two-year limitation described in paragraph (a) of this subsection does not
			 apply to:
(A) Technical programs in which the
			 curriculum may require more than two years of attendance but less than four
			 years; or
(B) Applied baccalaureate
			 degree programs.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0100 - State Funding Support for Community Colleges

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose Statement:
(1)
			 It is in the state's interest to support a strong community college system that
			 meets local, regional and state economic and workforce development needs.
			 Oregon's Community College Distribution Model is designed to provide a stable
			 financial foundation to support accessible undergraduate and lower-division
			 education, career technical education, remedial education, workforce training,
			 and other educational services necessary at the local and state
			 level.
(2) The Commission through
			 the authority vested in it by ORS
			 350.075, uses this rule to state
			 clearly and concisely what the statewide interests are for Oregon community
			 colleges and students through the adoption of a policy-driven framework. The
			 overarching policy intent is to support access, stability, and equitable
			 student success for Oregon learners. Equitable student success is measured by
			 the reduction, if not elimination, of achievement gaps in the completion and
			 transfer rates for traditionally underrepresented students identified by
			 race/ethnicity.
(3) For clarity,
			 the Community College Support Fund (CCSF) includes general institutional
			 support funding appropriated by the state legislature for the set asides, also
			 known as categorical funding, base payments, and equalized enrollment. There
			 are six set asides including corrections, contracts out of district, distance
			 learning, the strategic fund, student support, and student success. The
			 Community College Distribution Model references the calculations used to
			 determine the base payments and equalized enrollment distributions.
Tables referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  326.051,
				  341.015,
				  341.022,
				  341.317,
				  341.440,
				  341.525,
				  341.528,
				  341.626 & 341.665
Statutes/Other Implemented: ORS
				  341.015,
				  341.022,
				  341.317,
				  341.440,
				  341.525,
				  341.528,
				  341.626 &
				  341.665
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0120 - Community College Funding Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Funding for the Community College
			 Distribution Model shall be distributed, subject to funding availability, in
			 eight payments as follows:
(a) For the first
			 year of the biennium, July 15, August 15, October 15, January 15, and April
			 15;
(b) For the second year of the
			 biennium, August 15, October 15, and January 15;
(c) The July 15 payment of the first year of
			 the biennium shall be calculated using the previous biennium's Community
			 College Support Fund level.
(d)
			 Should any of the dates set forth above occur on a weekend or recognized
			 holiday, payment shall be made on the next available business day.
(e) All payments, made before actual property
			 taxes imposed by each district are certified by the Oregon Department of
			 Revenue, shall be based on the department's best estimate of quarterly
			 entitlement using property tax revenue projections. Payments shall be
			 recalculated each year as actual property tax revenues become available from
			 the Oregon Department of Revenue and any adjustments will be made in the final
			 payment(s) of the fiscal year.
(f)
			 Any student support and student success funding distributions made under
			 subsection 5(d) shall occur at the same time as regular Community College
			 Distribution Model distributions.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0200 - State Reimbursement and Student Residency

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				589-002-0100,
				Distribution of Community College Support Fund:
(1) "Permanent Residence" is defined as a
			 person's home, to which one intends to return after any absence and in which
			 one's dependents reside for an unlimited period of time. A permanent residence
			 shall be verified by specific documentation. Such documentation may include,
			 but is not limited to, copies of the Oregon Department of Revenue income tax
			 statements; deeds, bills of sale or other papers indicating ownership by the
			 student or a member of his or her family of the dwelling in which he or she
			 resides; appropriate Department of Defense forms indicating that the student
			 took residence in Oregon within one year of being released from active duty in
			 the armed forces; possession of a driver's license issued by the State of
			 Oregon; and evidence indicating that a parent or guardian of a dependent
			 student qualifies as an Oregon resident under this rule.
(2) "Oregon Resident" is defined as a person
			 who currently maintains a permanent residence in the state and whose permanent
			 residence has been maintained in Oregon for no less that ninety continuous days
			 immediately preceding the person's first instructional day of the term
			 (quarter) for which residency is in question.
(3) Pursuant to ORS
			 341.492, and notwithstanding
			 subsection (2) of this section, students who are residents of Idaho,
			 Washington, California and Nevada and students admitted pursuant to ORS
			 351.647 shall be considered as
			 residents of Oregon for the purpose of reimbursement.
(4) District policies regarding student
			 residency for state reimbursement purposes may be subject to the periodic
			 review and approval of the Commission. In the event that approval is not
			 granted, the Commission may withhold reimbursement.
Stat. Auth: ORS
				  326.051 &
				  341.626
Stats. Implemented: ORS
				  341.290(7),
				  341.505,
				  341.529 &
				  341.626
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0300 - Advanced Payment to Newly Created Community College District or Service District

Current through Register Vol. 63, No. 7, July 1, 2024
A newly created community college district, or community
				college service district, shall be assigned by the Commission a base allocation
				level for its initial year of operation, based on the projected budget
				requirements as set in the feasibility study approved by the Commission.
				Payments to the new district for its initial year shall be based on the
				assigned base allocation. From operating funds available to the new district,
				the Director may advance reasonable sums for organizational expenses. Such an
				advance may be made only after the new district has formally adopted a budget.
				An advance will not serve to increase eligibility for state operating funds; it
				is a partial payment of the sum due the new district from its assigned base
				allocation in its initial year of operation.
Stat. Auth.: ORS
				  326.051 &
				  341.626
Stats. Implemented: ORS
				  341.626
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0500 - Contracts with Agencies, Organizations, and Industries for Which State Reimbursement is Requested

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this rule, the following definitions apply:
(a) "Contract" is defined as an agreement
			 between a community college and an agency, organization, individual, or
			 industry to provide educational services, unless these services are prohibited
			 by the Director or state statute;
(b) "General fund revenue account" is defined
			 as that account which includes all revenues related to the college's basic
			 educational objectives. All revenues not included in some other specific fund
			 accounts are included in the general fund revenue account. All revenues
			 associated with the generation of reimbursable full-time equivalent students
			 are included in the general fund revenue account;
(c) "Special revenue account" is defined as a
			 fund used to account for the proceeds of specific revenue sources (other than
			 special assessments, expendable trusts, or for major capital projects) that are
			 legally restricted to expenditure for specific purposes, including revenues
			 from specific projects, grants, contracted out-of-district programs, restricted
			 federal projects, and other contracts for designated purposes;
(d) General education purposes" is defined as
			 those purposes directly associated with the college's basic educational
			 objectives.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0600 - Access by Unserved Areas to Community College Services; and Procedures for Contracted Out-of-District Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule:
(a) "Nondistrict area" is defined as any
			 geographic area of the state not within a community college district or
			 community college service district;
(b) "Nondistrict student tuition" means
			 tuition paid by residents of the nondistrict area;
(c) "Other nondistrict resources" means
			 gifts, contributions, or grants from individuals, groups, organizations,
			 businesses or industries. It may include financial support from school
			 districts, education service districts, municipalities, counties or another
			 public agency or private organization.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0700 - Community College Services for Adults in Custody of State Penitentiary and Correctional Institutions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Community colleges may contract directly with the Department of Corrections
			 (DOC) to provide Adult Basic Education (ABE) or Work Based Education (WBE)
			 services at DOC operated facilities or community colleges may enter into
			 agreements with HECC to provide ABE or WBE services at DOC operated facilities.
			 The HECC may contract with DOC to facilitate and coordinate agreements with the
			 community colleges for ABE or WBE services.
(2) Any contract between the HECC and DOC or
			 the community colleges or any contract between the community colleges and DOC
			 may include agreements relating to all statewide staff training and
			 development, program transferability between correctional institutions,
			 curriculum planning, instructional support, evaluation and assessment,
			 instruction of the persons with disabilities, employee relations, and the range
			 of administrative allowances.
(3)
			 The HECC shall review and approve services to correctional institutions at
			 least once biennially.
Statutory/Other Authority: ORS
				  326.051  & 341.626
Statutes/Other Implemented: ORS
				  341.317
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0800 - Audit Procedures, Adjustments and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding the required financial
			 audit required under the Single Audit Act of 1984,
			 P.L.
			 98-502, the Office and the Commission have a
			 statutory duty to manage public funds in a prudent manner. This duty includes
			 the responsibility to take reasonable action to correct errors and to prevent
			 the unauthorized use of public funds through the use of periodic audits.
(2) The Office may perform
			 periodic on-site financial, performance and/or statistical audits of community
			 colleges, community college service districts, other grantees, and contractors.
			 The audits shall be conducted to determine compliance with applicable statutes
			 and administrative rules, instructions, and grant and contract terms.
(3) Requests for audits may come
			 from the Commission, the Office, community colleges, contractors, or private
			 citizens. Requests from anyone outside the Office must be recommended by the
			 Commissioner, and approved by the Commission.
(4) The audit is to be performed by a person
			 or persons with adequate technical training and proficiency as an auditor.
(5) The Auditor shall prepare a
			 draft report of the audit and forward it to the audited agency with a letter of
			 explanation. The letter will explain alternatives available to the agency in
			 responding to the draft report. The audited agency's responses shall be
			 forwarded within 60 days to the Auditor for evaluation in preparing the final
			 audit report unless an alternative timeline is mutually agreed upon.
(6) After considering the responses, if any,
			 from the agency on the draft audit report, the Auditor will prepare a final
			 audit report. The Director shall forward by letter the final audit report to
			 the audited agency.
(7) Any
			 exceptions involving overclaims (overpayments) or underclaims (underpayments)
			 may be processed as follows unless the Director agrees to an alternative method
			 of adjustment:
(a) Overclaims: The agency
			 will have the option of remitting the excess claim or reducing accordingly the
			 subsequent year's entitlement;
(b)
			 Underclaims: The subsequent year's claim may be adjusted by the amount
			 underclaimed.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 2 - COMMUNITY COLLEGE FUNDING › Section 589-002-0900 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Colleges are required to submit, on or before January 30 of each year, reports
			 of the revenues and expenditures, classified according to the format supplied
			 by the Office.
(2) Colleges are
			 required to submit enrollment reports for fourth week estimates by Friday of
			 the fifth week of each term, and a term-end enrollment report by Friday of the
			 sixth week following the close of each term. If reports are outstanding at the
			 time of the quarterly payments, payment to the college(s) not reporting may be
			 delayed at the discretion of the Director.
(3) Colleges are required to submit to the
			 Office one copy of their final audits no later than January 2 of each year
			 following the year for which the audits are conducted.
(4) Rules governing the classification of
			 revenue and expenditure accounts for community colleges are contained in the
			 Community College Accounting Manual published by the Office (latest edition).
			 Budget documents and audit reports will conform to these rules. The Commission
			 adopts this publication to fulfill its responsibilities by reference as set
			 forth in ORS 294.393.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  294.352,
				  341.015 &
				  341.626
Stats. Implemented: ORS
				  294.352,
				  294.356,
				  341.626 &
				  341.709
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 3 - COMMUNITY COLLEGE CAPITAL PROJECTS › Section 589-003-0100 - Community College Capital Construction and Acquisition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 following definitions apply:
(a) "Capital
			 construction and acquisition" is defined as new construction, the purchase of
			 existing buildings, remodeling, maintenance, equipment and Americans with
			 Disabilities Act (ADA) projects;
(b) "New construction" is defined as the
			 building of a new facility within the community college district or some
			 significant addition to an existing facility;
(c) "Remodeling" is defined as the
			 renovation, restoration, or repair of an existing college district facility,
			 the result of which places the facility in a position to provide increased
			 access for persons who are disabled, to accommodate new uses, or house expanded
			 activities;
(d) "Maintenance" is
			 defined as the renovation, restoration, repair, or replacement of any college
			 district facilities system, or component part of such a system. Maintenance is
			 distinguished from remodeling by the fact that it does not add to the value of
			 the property or prolong the life of the property, but merely keeps the property
			 in an operating condition over the useful life for which the property was
			 acquired. Facilities systems include, but are not limited to, water systems,
			 sewer and drainage systems, HVAC systems, light systems, road systems,
			 electrical systems, carpets, floors, roofs, walkways, and parking
			 lots;
(e) "Equipment" is defined as
			 tangible personal property of a non-consumable nature, with a useful life of
			 more than one year and a cost exceeding a dollar amount to be specified by the
			 Office;
(f) ADA projects is defined
			 as new construction, remodeling, maintenance or equipment needed to meet the
			 requirements of the American with Disabilities Act as defined in
			 Public Law
			 101-336, as amended by
			 PL
			 110-325 and the 2010 ADAAG Standards;
(g) "Eligible Projects" is defined as any
			 construction, remodeling, maintenance, ADA project, or equipment request not
			 prohibited by state statute or administrative rule. ORS
			 341.933(1)
			 prohibits the use of state funds for the construction of student or faculty
			 housing, facilities for spectators at athletic events, recreational facilities,
			 student health facilities, and noninstructional portions of student centers;
			 and
(h) "Instructional Purpose" is
			 defined as those activities that directly support classroom, shop, or
			 laboratory teaching, basic skills teaching, customized training, tutoring,
			 student testing and assessment, student advising or counseling, and library
			 services.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0150 - Applicability of Student Record Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				589-004-0150 through
				589-004-0750 apply to records of students enrolled in Oregon community colleges, including
				students who have not reached 18 years of age.
Stat. Auth.: ORS 326.015,
				  341.105 &
				  341.290(17)
Stats. Implemented: ORS
				  341.290
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0250 - Rights of Inspection, Review, and Amendment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as limited under section (7) of
			 this rule, each college shall permit a student to inspect and review the
			 education records of that student.
(2) The college shall comply with a request
			 for access to records within a reasonable period of time, but in no case more
			 than 45 days after it has received the request.
(3) The college shall respond to reasonable
			 requests for explanations and interpretations of the records.
(4) If a student so requests, the college
			 shall give the student a copy of the student's education records pursuant to
			 ORS 192.440, except that no copy of
			 test protocols, test questions and answers, and other documents described in
			 ORS 192.501(4)
			 shall be provided unless required by federal law.
(5) The college shall not destroy any
			 education records if there is an outstanding request to inspect and review the
			 records under this section.
(6)
			 While a college is not required to give a student access to treatment records
			 under the definition of "education records" in OAR 589-004-0100(3)(b)(E), the
			 student may, at his or her expense, have those records reviewed by a physician
			 or other appropriate professional of the student's choice.
(7) If the education records of a student
			 contain information on more than one student, the student may inspect, review
			 or be informed of only the specific information about that student.
(8) A college does not have to permit a
			 student to inspect and review the following records:
(a) Financial records of the student's
			 parents;
(b) Confidential letters
			 and statements of recommendation if the student has waived his or her right to
			 inspect the letters and statements under the procedure in
			 34
			 CFR, Section 99.12(b)(3).
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0300 - Fees for Copies of Education Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Educational records are public records
			 under ORS 192.410 through
			 192.505 for purposes of charging
			 fees.
(2) Unless the imposition of
			 a fee effectively prevents a student from exercising the right to inspect and
			 review the student's education records, a college may charge a fee for a copy
			 of an educational record that is made for the student subject to section (3) of
			 this rule.
(3) Notwithstanding ORS
			 192.440(3), a
			 college may not charge the student a fee to search for or to retrieve the
			 education records of the student. Such fees may be charged to persons who are
			 not students, including persons seeking education records pursuant to a
			 subpoena.
Stat. Auth.: ORS
				  326.051,
				  341.015 &
				  341.290(17)
Stats. Implemented: ORS
				  192.440 &
				  341.290
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0350 - Right to a Hearing to Challenge Content and Conduct of a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A college shall
			 give a student, on request, an opportunity for a hearing to challenge the
			 content of the student's education records on the grounds that the information
			 contained in the education records is inaccurate, misleading, or in violation
			 of the privacy or other rights of the student.
(2) If, as a result of the hearing, the
			 college decides that the information is inaccurate, misleading, or otherwise in
			 violation of the privacy or other rights of the student, it shall:
(a) Amend the record accordingly; and
(b) Inform the student of the
			 amendment in writing.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0400 - Student Release of Social Security Numbers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Community colleges are required to
			 request that students release their social security numbers for the purposes of
			 record-keeping and research. The request made to the student shall notify the
			 student that:
(a) Release of the social
			 security number is voluntary;
(b)
			 Request for release is made under the authority of ORS
			 341.290(17);
			 and
(c) Specific uses will be made
			 of the social security number. Those specific uses must be described in the
			 notification.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0450 - Prior Consent to Disclose Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The student shall provide written consent
			 before a college discloses personally identifiable information from the
			 student's education records, except as provided in OAR 589-004-0500, and in
			 accordance with the college's policy adopted under OAR 589-004-0200(1)(d).
(2) The consent must:
(a) Specify the records that may be
			 disclosed;
(b) State the purpose
			 of the disclosure; and
(c)
			 Identify the party or class of parties to whom the disclosure may be made.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0500 - Exceptions to Prior Consent Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
A college may disclose personally identifiable information from an education record of a student without the consent required by OAR 589-004-0450  if the disclosure meets one or more of the following conditions:
(1) The disclosure is to other school officials, including teachers, athletic directors, coaches and counselors within the college who have legitimate educational interests in the records.
(2) The disclosure is, subject to the requirements of OAR 589-004-0200(1)(m), to officials of another school, school system or institution of postsecondary education where the student seeks or intends to enroll.
(3)
(a) The disclosure is for the purposes of an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal or state legal requirements which relate to those programs, and is to authorized representatives of:
(A) The Comptroller General of the United States;
(B) The Secretary of the United States Department of Education; or
(C) State or local educational authorities.
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0550 - Penalties for Misuse

Current through Register Vol. 63, No. 7, July 1, 2024
Any officer or employee of OCCURS or of the Office of Community
				Colleges and Workforce Development or of any other state agency who has access
				to personally identifiable student records maintained and/or provided by a
				community college who, without proper authority, shall disclose such
				information may be disqualified from holding any appointment or employment with
				the State of Oregon, in accordance with ORS
				657.665(6).
Stat. Auth.: ORS
				  351.735, ORS
				  341.015 & ORS
				  341.290(17)
Stats. Implemented: ORS
				  341.290 & ORS
				  657.665
Oregon Administrative Rules › Chapter 589 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT › Division 4 - STUDENT RECORDS › Section 589-004-0600 - Redisclosing Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 party who receives student records containing personally identifiable
			 information from a community college or colleges may disclose that information
			 to a third party only if the student has been notified of the redisclosure and
			 its purpose in the original disclosure notice and has consented, unless
			 redisclosure falls under the exceptions described in OAR 589-004-0500.
(2) Social security numbers
			 disclosed to the Performance Reporting Information System must be encoded
			 either by the originating college or by OCCURS, as required in ORS
			 657.734.
(3) Community colleges, OCCURS, or other
			 parties may share and publish aggregate data which do not identify any
			 individual student, without meeting the consent requirements of section (1) of
			 this rule.
Stat. Auth.: ORS
				  326.051,
				  341.015 &
				  341.290(17)
Stats. Implemented: ORS
				  329.965,
				  341.290,  20 U.S.C. Sec. 1232g (b)(5)  &  34 CFR Sec. 99.32(a)