reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 3 - MODEL RULES OF PROCEDURE FOR CONTESTED CASES › Section 137-003-0700 - Stay Proceeding and Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The agency may conduct such further proceedings pertaining to the stay request
			 as it deems desirable, including taking further evidence on the matter. Agency
			 staff may present additional evidence in response to the stay request. The
			 agency shall commence such proceedings promptly after receiving the stay
			 request.
(2) The agency shall issue
			 an order granting or denying the stay request within 30 calendar days after
			 receiving it. The agency's order shall:
(a)
			 Grant the stay request upon findings of irreparable injury to the petitioner
			 and a colorable claim of error in the agency order and may impose reasonable
			 conditions, including but not limited to, a bond, irrevocable letter of credit
			 or other undertaking and that the petitioner file all documents necessary to
			 bring the matter to issue before the Court of Appeals within a specified
			 reasonable period of time; or
(b)
			 Deny the stay request upon a finding that the petitioner failed to show
			 irreparable injury or a colorable claim of error in the agency order;
			 or
(c) Deny the stay request upon a
			 finding that a specified substantial public harm would result from granting the
			 stay, notwithstanding the petitioner's showing of irreparable injury and a
			 colorable claim of error in the agency order; or
(d) Grant or deny the stay request as
			 otherwise required by law.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0010 - Unacceptable Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
A presiding officer may expel a person from an agency
				proceeding if that person engages in conduct that disrupts the
				proceeding.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  183.341(1)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0050 - Qualified Interpreters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to any hearing conducted by an agency in which the individual
			 legal rights, duties or privileges of specific parties are determined if that
			 determination is subject to judicial review by a circuit court or by the Court
			 of Appeals.
(2) For purposes of
			 this rule:
(a) An "assistive communication
			 device" means any equipment designed to facilitate communication by a disabled
			 person;
(b) An "individual with a
			 disability" means a person who cannot readily understand the proceedings
			 because of deafness or a physical hearing impairment, or cannot communicate in
			 the proceedings because of a physical speaking impairment;
(c) A "non-English speaking" person means a
			 person who, by reason of place of birth or culture, speaks a language other
			 than English and does not speak English with adequate ability to communicate
			 effectively in the proceedings;
(d)
			 A "qualified interpreter" means:
(A) For an
			 individual with a disability, a person readily able to communicate with the
			 individual with a disability, interpret the proceedings and accurately repeat
			 and interpret the statements of the individual with a disability to the
			 presiding officer;
(B) For a
			 non-English speaking person, a person readily able to communicate with the
			 non-English speaking person and who can orally transfer the meaning of
			 statements to and from English and the language spoken by the non-English
			 speaking person. A qualified interpreter must be able to interpret in a manner
			 that conserves the meaning, tone, level, style and register of the original
			 statement, without additions or omissions. "Qualified interpreter" does not
			 include a person who is unable to interpret the dialect, slang or specialized
			 vocabulary used by the party or witness.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0080 - Reconsideration - Orders in Other than Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person entitled to judicial review
			 under ORS 183.484 of a final order in
			 other than a contested case may file a petition for reconsideration of a final
			 order in other than a contested case with the agency within 60 calendar days
			 after the date of the order. A copy of the petition shall also be delivered or
			 mailed to all other persons and agencies required by statute or rule to be
			 notified.
(2) The petition shall
			 set forth the specific grounds for reconsidera-tion. The petition may be
			 supported by a written argument.
(3) The petition may include a request for a
			 stay of a final order if the petition complies with the requirements of OAR
			 137-003-0090(2).
(4) The petition
			 may be granted or denied by summary order, and, if no action is taken, shall be
			 deemed denied as provided by ORS
			 183.484(2).
(5) Within 60 calendar days after the date of
			 the order, the agency may, on its own initiative, reconsider the final order.
			 If a petition for judicial review has been filed, the agency must follow the
			 procedures set forth in ORS
			 183.484(4)
			 before taking further action on the order. The procedural and substantive
			 effect of granting reconsideration under this subsection shall be identical to
			 the effect of granting a party's petition for reconsideration.
(6) Reconsideration shall not be granted
			 after the filing of a petition for judicial review, unless permitted by the
			 court.
(7) A final order remains in
			 effect during reconsideration until stayed or changed.
(8) Following reconsideration, the agency
			 shall enter a new order, which may be an order affirming the existing
			 order.
Stat. Authority: ORS
				  183.341
Stats. Implemented: ORS
				  183.484(2)
				  & OL 1999, Ch. 113
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0090 - Stay Request - Orders in Other than Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise provided by law, any
			 person who petitions for reconsideration may request the agency to stay the
			 enforce-ment of the agency order that is the subject of the petition.
(2) The stay request shall contain:
(a) The name, address and telephone number of
			 the person filing the request and of that person's attorney, if any;
(b) If the agency order was in writing, the
			 full title of the agency decision as it appears on the order and the date of
			 the agency decision;
(c) A summary
			 of the agency decision; and
(d) The
			 name, address and telephone number of each other party to the agency
			 proceeding. When the party was represented by an attorney in the proceeding,
			 then the name, address and telephone number of the attorney shall be provided
			 and the address and telephone number of the party may be omitted.
(e) A statement advising all persons whose
			 names, addresses and telephone numbers are required to appear in the stay
			 request as provided in subsection (2)(d) of this rule, that they may
			 participate in the stay proceeding before the agency if they file a response in
			 accordance with OAR 137-004-0095 within ten calendar days from delivery or
			 mailing of the stay request to the agency;
(f) A statement of facts and reasons
			 sufficient to show that the stay request should be granted because:
(A) The petitioner will suffer irreparable
			 injury if the order is not stayed;
(B) There is a colorable claim of error in
			 the order; and
(C) Granting the
			 stay will not result in substantial public harm.
(g) A statement identifying any person,
			 including the public, who may suffer injury if the stay is granted. If the
			 purposes of the stay can be achieved with limitations or conditions that
			 minimize or eliminate possible injury to other persons, petitioner shall
			 propose such limitations or conditions. If the possibility of injury to other
			 persons cannot be eliminated or minimized by appropriate limitation or
			 conditions, petitioner shall propose an amount of bond, irrevocable letter of
			 credit or other undertaking to be imposed on the petitioner should the stay be
			 granted, explaining why that amount is reasonable in light of the identified
			 potential injuries;
(h) A
			 description of additional procedures, if any, the petitioner believes should be
			 followed by the agency in determining the appropriateness of the stay
			 request;
(i) An appendix containing
			 evidence relied upon in support of the statement required under subsections
			 (2)(f) and (g) of this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0091 - Intervention in Stay Proceeding - Orders in Other than Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any party
			 identified under OAR 137-004-0090(2)(d)  desiring to participate as a party in
			 the stay proceeding may file a response to the request for stay.
(2) The response shall contain:
(a) The full title of the agency decision as
			 it appears on the stay request;
(b)
			 The name, address, and telephone number of the person filing the response,
			 except that if the person is represented by an attorney, then the name,
			 address, and telephone number of the attorney shall be included and the
			 person's address and telephone number may be deleted;
(c) A statement accepting or denying each of
			 the statements of facts and reasons provided pursuant to OAR 137-004-0090(2)(f)
 
			 in the petitioner's stay request; and
(d) A statement accepting, rejecting, or
			 proposing alternatives to the petitioner's statement on the bond, irrevocable
			 letter of credit or undertaking amount or other reasonable conditions that
			 should be imposed on petitioner should the stay request be granted.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0092 - Stay Proceeding and Order - Orders in Other than Contested Case

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may
			 conduct such further proceedings pertaining to the stay request as it deems
			 desirable, including taking further evidence on the matter. Agency staff may
			 present additional evidence in response to the stay request. The agency shall
			 commence such proceedings promptly after receiving the stay request.
(2) The agency shall issue an order granting
			 or denying the stay request within 30 calendar days after receiving it. The
			 agency's order shall:
(a) Grant the stay
			 request upon findings of irreparable injury to the petitioner and a colorable
			 claim of error in the agency order and may impose reasonable conditions,
			 including but not limited to, a bond, irrevocable letter of credit or other
			 undertaking; or
(b) Deny the stay
			 request upon a finding that the petitioner failed to show irreparable injury or
			 a colorable claim of error in the agency order; or
(c) Deny the stay request upon a finding that
			 a specified substantial public harm would result from granting the stay,
			 notwithstanding the petitioner's showing of irreparable injury and a colorable
			 claim of error in the agency order; or
(d) Grant or deny the stay request as
			 otherwise required by law.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0900 - Public Records Requests for Concealed Handgun License Records or Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public
			 body, except the Judicial Department, may not disclose records or information
			 that identifies a person as a current or former holder of, or applicant for, a
			 concealed handgun license, unless:
(a) The
			 disclosure is made to another public body and is necessary for criminal justice
			 purposes;
(b) A court enters an
			 order in a criminal or civil case directing the public body to disclose the
			 records or information;
(c) The
			 holder of, or applicant for, the concealed handgun license consents to the
			 disclosure in writing;
(d) The
			 public body determines that a compelling public interest requires disclosure in
			 the particular instance and the disclosure is limited to the name, age and
			 county of residence of the holder or applicant;
(e)
(A) The
			 disclosure is limited to confirming or denying that a person convicted of a
			 person crime, or restrained by a protective order, is a current holder of a
			 concealed handgun license;
(B) The
			 disclosure is made to a victim of the person crime or to a person who is
			 protected by the protective order, in response to a request for disclosure that
			 provides the public body with the name and age of the person convicted of the
			 person crime or restrained by the protective order; and
(C) The person seeking disclosure provides
			 the public body with written proof that the person is a victim of the person
			 crime or is protected by the protective order; or
(f)
(A) The
			 disclosure is limited to confirming or denying that a person convicted of a
			 crime involving the use or possession of a firearm is a current holder of a
			 concealed handgun license;
(B) The
			 disclosure is made to a bona fide representative of the news media in response
			 to a request for disclosure that provides the name and age of the person
			 convicted of the crime involving the use or possession of a firearm;
			 and
(C) The person seeking
			 disclosure provides the public body with written proof that the person is a
			 bona fide representative of the news media.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0010 - Use of Collaborative Dispute Resolution Processes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise precluded by law, the
			 agency may, in its discretion, use a collaborative dispute resolution process
			 in contested cases, rulemaking proceedings, judicial proceedings, and any other
			 decision-making or policy development process or controversy involving the
			 agency. Collaborative dispute resolution may be used to prevent or to minimize
			 the escalation of disputes and to resolve disputes once they have
			 occurred.
(2) Nothing in this rule
			 limits innovation and experimentation with collaborative or alternative forms
			 of dispute resolution, with negotiated rulemaking or with other procedures or
			 dispute resolution practices not otherwise prohibited by law.
(3) The collaborative means of dispute
			 resolution may be facilitated negotiation, mediation, facilitation or any other
			 method designed to encourage the agency and the other participants to work
			 together to develop a mutually agreeable solution. The agency may also consider
			 using neutral fact-finders in an advisory capacity.
(4) The agency shall not agree to any dispute
			 resolution process in which its ultimate settlement or decision making
			 authority is given to a third party, including arbitration or fact-finding,
			 without prior written authorization from the Attorney General.
(5) Nothing in this rule obligates the agency
			 to offer funds to settle any case, to accept a particular settlement or
			 resolution of a dispute, to alter its standards for accepting settlements, to
			 submit to binding arbitration, or to alter any existing delegation of
			 settlement or litigation authority.
Stat. Auth.: ORS
				  183.341 & ORS
				  183.502
Stats. Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0020 - Assessment for Use of Collaborative DR Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before instituting a collaborative
			 dispute resolution process, the agency may conduct an assessment to determine
			 if a collaborative process is appropriate for the controversy and, if so, under
			 what conditions.
(2) A
			 collaborative DR process may be appropriate if:
(a) The relationship between the parties will
			 continue beyond the resolution of the controversy and a collaborative DR
			 process is likely to have a favorable effect on the relationship;
(b) There are outcomes or solutions that are
			 only available through a collaborative process;
(c) There is a reasonable likelihood that a
			 collaborative process will result in an agreement;
(d) The implementation and durability of any
			 resolution to the controversy will likely require ongoing, voluntary
			 cooperation of the participants;
(e) A candid or confidential discussion among
			 the disputants may help resolve the controversy, and OAR 137-005-0050  may
			 provide for such candor or confidentiality;
(f) Direct negotiations between the parties
			 have been unsuccessful or could be improved with the assistance of a
			 collaborative DR provider;
(g) No
			 single agency or jurisdiction has complete control over the issue and a
			 collaborative process is likely to be effective in reconciling conflicts over
			 jurisdiction and control; or
(h)
			 The agency has limited time or other resources, and a collaborative process
			 would use less agency resources, take less time or be more efficient than
			 another type of process.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0022 - Assessment for Use of Collaborative DR Process in Complex Public Policy Controversies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, "complex public policy controversy" means a multi-party
			 controversy that includes at least one governmental participant and that
			 affects the broader public, rather than only a single group or
			 individual.
(2) Before using a
			 collaborative process to resolve a complex public policy controversy, the
			 agency may conduct an assessment to determine if a collaborative DR process is
			 appropriate and, if so, under what conditions. In addition to the factors in
			 OAR 137-005-0020, the agency may use the assessment to consider if:
(a) The agency is interested in joint problem
			 solving or in reaching a consensus among participants, and not solely in
			 obtaining public comment, consultation or feedback, which may be addressed
			 through other processes;
(b) The
			 persons, interest groups or entities significantly affected by the controversy
			 or by any agreement resulting from the collaborative DR process
(A) Can be readily identified;
(B) Are willing to participate in a
			 collaborative process; and
(C) Have
			 the time, resources and ability to participate effectively in a collaborative
			 process and in the implementation of any agreement that may result from the
			 collaborative process;
(c) The persons identified as representing
			 the interests of a group of persons or of an organization have sufficient
			 authority to negotiate a durable agreement on behalf of the group or
			 organization they represent; or
(d)
			 There are ongoing or proposed legislative, political or legal activities that
			 would significantly undermine the value of the collaborative process or the
			 durability of any collaborative agreement.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0030 - Agreement to Collaborate

Current through Register Vol. 63, No. 7, July 1, 2024
In preparation for, or in the course of, a collaborative DR
				process the agency and the other participants may enter into a written
				agreement to collaborate. This agreement may include:
(1) A brief description of the dispute or the
			 issues to be resolved;
(2) A list
			 of the participants;
(3) A
			 description of the proposed collaborative DR process;
(4) An estimated starting date and ending
			 date for the process;
(5) A
			 statement whether the collaborative DR provider will receive compensation and,
			 if so, who will be responsible for its payment;
(6) A description of the process, including,
			 but not limited to: the role of witnesses, and whether and how counsel may
			 participate in the process;
(7)
			 Consistent with applicable statute and rules, a statement regarding the degree
			 to which the proceedings or communications made during the course of the
			 collaborative DR process are confidential; and
(8) A description of the likely means of
			 enforcing any agreement or settlement that may result.
Stat. Auth.: ORS
				  183.341 & ORS
				  183.502
Stats. Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0050 - Confidentiality of Collaborative Dispute Resolution Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule,
(a) "Agreement to
			 mediate" means a written agreement to mediate executed by the parties
			 establishing the terms and conditions of the mediation, which may include
			 provisions specifying the extent to which mediation communications will be
			 confidential.
(b) "Mediation" means
			 a process in which a mediator assists and facilitates two or more parties to a
			 controversy in reaching a mutually acceptable resolution of the controversy and
			 includes all contacts between a mediator and any party or agent of a party,
			 until such time as a resolution is agreed to by the parties or the mediation
			 process is terminated.
(c)
			 "Mediation agreement" means an agreement arising out of a mediation, including
			 any term or condition of the agreement.
(d) "Mediation communication" means:
(A) All communications that are made, in the
			 course of or in connection with a mediation, to a mediator, a mediation program
			 or a party to, or any other person present at, the mediation proceedings;
			 and
(B) All memoranda, work
			 products, documents and other materials, including any draft mediation
			 agreement, that are prepared for or submitted in the course of or in connection
			 with a mediation or by a mediator, a mediation program or a party to, or any
			 other person present at, mediation proceedings.
(e) "Mediator" means a third party who
			 performs mediation. Mediator includes agents and employees of the mediator or
			 mediation program.
(f) "Party"
			 means a person or agency participating in a mediation who has a direct interest
			 in the controversy that is the subject of the mediation. A person or agency is
			 not a party to a mediation solely because the person or agency is conducting
			 the mediation, is making the mediation available or is serving as an
			 information resource at the mediation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0052 - Mediation Confidentiality

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 ORS
			 192.311 to
			 192.478.
(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 (8) of this rule.
(5)
			 Mediations Excluded. Sections (6) - (9) 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; or
(c) Mediation in which the only parties are
			 public bodies; or
(d) Mediation in
			 which two or more public bodies and a private entity are parties 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; or
(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 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0054 - Confidentiality of Workplace Mediations

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 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 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)-(l) of section (7) of this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0060 - Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise provided by law, mediation is a voluntary process from which the
			 agency and other participants may withdraw at any time.
(2) The mediator does not represent the
			 interests of any of the participants or offer legal advice. Likewise, the
			 mediator is not a judge and has no decision making power to impose a settlement
			 on the participants or to render decisions.
(3) The person participating in the mediation
			 on behalf of the agency shall be knowledgeable about the issues in dispute and
			 have authority to effectively recommend settlement options to the
			 agency.
Stat. Auth.: ORS
				  183.341 & ORS
				  183.502
Stats. Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 5 - COLLABORATIVE DISPUTE RESOLUTION MODEL RULES › Section 137-005-0070 - Contract Clauses Specifying Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may specify or require any
			 form of dispute resolution except binding arbitration as a condition of a
			 contract.
(2) The agency may
			 specify binding arbitration by contract only if the Attorney General has
			 approved the contract containing the clause specifying binding arbitration and
			 the clause itself for legal sufficiency.
(3) The agency may provide for the resolution
			 of technical, scientific or accounting matters of fact by requiring the
			 submission of such matters to a neutral fact finder selected and appointed as
			 specified in a contract clause.
(4)
			 The specification of a method of dispute resolution in a contract clause does
			 not:
(a) Remove the requirement to provide
			 notices or filings or to meet deadlines otherwise required by law, regulation
			 or contract provision;
(b)
			 Constitute a waiver of the sovereign immunity of the State of Oregon;
			 or
(c) Prohibit the participants
			 from entering into an agreement to use any other method of dispute resolution
			 that appears to be more suitable for the particular dispute in lieu of or in
			 addition to the method specified by contract.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0200 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "
Purpose
" These rules
			 control the Department'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 Department as an employee, volunteer, or
			 contractor covered by OAR 137-007-0220. The fact that the Department approves a
			 subject individual as fit does not guarantee the individual a position as a
			 Department employee, volunteer, or contractor.
Stat. Auth.: ORS
				  181.534,
				  180.267
Stats. Implemented: ORS
				  181.534(9)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 137, division 007, unless the context of
				the rule requires otherwise, the following definitions apply:
(1) "
Approved
" means that,
			 pursuant to a preliminary fitness determination under OAR 137-007-0240  or a
			 final fitness determination under 137-007-0260, an authorized designee has
			 determined that the subject individual is fit to be an employee, volunteer, or
			 contractor in a position covered by 137-007-0220(2)(a)-(c).
(2) "
Authorized Designee
" means
			 a Department employee authorized to obtain and review criminal offender
			 information and other relevant information about a subject individual through
			 criminal records checks and other means, and to conduct a fitness determination
			 in accordance with these rules.
(3)
			 "
Conviction
" or "
Convicted of
" means that a court of
			 law has entered a final judgment on a verdict or a 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.
(4)
			 "
Criminal Offender Information
" means 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 conviction, pleas, sentencing, confinement, probation,
			 parole, and release.
(5)
			 "
Crime Relevant to a Fitness Determination
" means a crime listed
			 or described in OAR 137-007-0270.
(6) "
Criminal Records Check and Fitness
			 Determination Rules
" or "
These Rules
" means OAR chapter
			 137, division 007.
(7)
			 "
Criminal Records Check
" or "
CRC
" means one or more
			 of the following three processes undertaken to check the criminal history of a
			 subject individual:
(a) A name-based check of
			 criminal offender information and motor vehicle registration and driving
			 records conducted through use of 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 Department'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 Department's request
			 (Nationwide Criminal Records Check).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0220 - Subject Individual

Current through Register Vol. 63, No. 7, July 1, 2024
"
Subject Individual
" means a person from whom the
				Department may require fingerprints for the purpose of conducting a criminal
				records check because the person:
(1)
(a) Is applying for employment with the
			 Department; or
(b) Provides
			 services or seeks to provide services to the Department as a volunteer or
			 contractor; and
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0230 - 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, if requested, shall complete and sign the
			 Department of Justice Criminal Records Request form and, if requested by the
			 Department, a fingerprint card. The Criminal Records Request form shall require
			 the following information: name, Social Security Number, driver license or
			 identification card number, prior residency in other states, and any other
			 identifying information deemed necessary by the authorized designee. The
			 Department of Justice Criminal Records Request form may also require details
			 concerning any circumstance listed in OAR 137-007-0240(3)(a)(f);
(b) A subject individual shall complete and
			 submit to the Department the Department of Justice 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 Department shall not
			 request a fingerprint card from a subject individual under the age of 18 years
			 unless the Department also requests the written consent of a parent or
			 guardian. In such case, such parent or guardian and youth must be informed that
			 they are not required to consent. Failure to consent, however, may be construed
			 as a refusal to consent under OAR 137-007-0260(3)(d)(B);
(d) Within a reasonable period of time as
			 established by an authorized designee, a subject individual shall disclose
			 additional information as requested by the Department in order to resolve any
			 issue(s) hindering the completion of a criminal records check.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0240 - 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 Department is interested in hiring or
			 appointing a subject individual on a preliminary basis, pending a final fitness
			 determination.
(2) If an authorized
			 designee elects to make a preliminary fitness determination about a subject
			 individual, pending a final fitness determination, the authorized designee
			 shall make that preliminary fitness determination based on information
			 disclosed by the subject individual under OAR 137-007-0230(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 pled nolo contendere (or no contest)
			 to, been convicted of, found guilty except for insanity (or comparable
			 disposition) of, or has a pending indictment for a crime listed under OAR
			 137-007-0270;
(b) Has been arrested
			 for or charged with a crime listed under OAR 137-007-0270;
(c) Is being investigated for, or has an
			 outstanding warrant for a crime listed under OAR 137-007-0270;
(d) Is currently on probation, parole, or any
			 form of post-prison supervision for a crime listed under OAR
			 137-007-0270;
(e) Has a deferred
			 sentence or conditional discharge or is participating in a diversion program in
			 connection with a crime listed under OAR 137-007-0270; 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 in OAR 137-007-0270  if committed by an
			 adult.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0250 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department 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 137-007-0240.
(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 Department.
(3) A subject individual hired or appointed
			 on a preliminary basis is deemed to be on trial service and, if terminated
			 before completion of a final fitness determination under OAR 137-007-0260, may
			 not appeal the termination under the processes provided under
			 137-007-0300.
(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 137-007-0260(3)(d),
			 then the Department shall immediately terminate the subject individual's
			 employment in or appointment to a position covered by
			 137-007-220(a)(c).
Stat. Auth.: ORS
				  181.534,
				  180.267
Stats. Implemented: ORS
				  181.534(9)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0270 - Crimes Relevant to a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Crimes Relevant to a Fitness
			 Determination:
(a) All felonies;
(b) All Class A misdemeanors;
(c) ORS
			 167.315 (Animal Abuse II);
			 167.325 (Animal Neglect II);
			 418.630 (operating uncertified
			 foster home); and 418.250(1)
			 (relating to the supervision of child-care agencies);
(d) Any crime, in the State of Oregon or in
			 any other jurisdiction, that is the substantial equivalent of any of the crimes
			 listed in this subsection (1)(c), as determined by the Department;
(e) Any United States Military crime or
			 international crime;
(f) Any crime
			 of attempt, solicitation or conspiracy to commit a crime listed in this section
			 (1) pursuant to ORS 161.405,
			 161.435, or
			 161.450;
(g) Any crime based on criminal liability for
			 conduct of another pursuant to ORS
			 161.155, when the underlying
			 crime is listed in this section (1).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0280 - Incomplete Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department 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
			 137-007-0220;
(b) The subject
			 individual does not provide materials or information under OAR 137-007-0230(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 relevant information under OAR
			 137-007-0260(2);
(e) The Department
			 determines that the subject individual is not eligible or not qualified for the
			 position of employee, volunteer, or contractor for a reason unrelated to the
			 fitness determination process; or
(f) The position is no longer open.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0300 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Model Rules of Procedure. In addition to
			 the Model Rules of Procedure adopted by the Attorney General, the procedures
			 set forth in this rule shall apply.
(2) Process:
(a) A subject individual may appeal a final
			 fitness determination by submitting a written request for a contested case
			 hearing to the address provided in the final fitness determination. Any such
			 request for a hearing must be received by the Department within 14 calendar
			 days of the date of the notice;
(b)
			 When a timely request is received by the Department under subsection (a), a
			 contested case hearing shall be conducted by a hearing officer appointed by the
			 Attorney General.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0310 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An authorized designee shall document a preliminary or final fitness
			 determination, or the closing of a fitness determination due to incompleteness,
			 in writing.
(2) Records Received
			 from the Department's Criminal Justice Division and the Oregon Department of
			 State Police:
(a) Records the Department
			 receives from the Department's Criminal Justice Division and the Oregon
			 Department of State Police resulting from a criminal records check, including
			 but not limited to LEDS reports and state or federal criminal offender
			 information originating with the Oregon Department of State Police or the
			 Federal Bureau of Investigation, are confidential pursuant to ORS
			 181.534(15) and
			 federal laws and regulations;
(b)
			 Only the Department's authorized designees shall have access to records the
			 Department receives from the Department's Criminal Justice Division and the
			 Oregon Department of State Police resulting from a criminal records
			 check;
(c) An authorized designee
			 shall have access to records received from the Department's Criminal Justice
			 Division and the Oregon Department of State Police in response to a criminal
			 records check only if the authorized designee has a demonstrated and legitimate
			 need to know the information contained in the records;
(d) Authorized designees shall maintain and
			 disclose records received from the Department's Criminal Justice Division and
			 the Oregon Department of State Police resulting from a criminal records check
			 in accordance with applicable requirements and restrictions in ORS Chapter 181
			 and other applicable federal and state laws, rules adopted by the Oregon
			 Department of State Police pursuant thereto, these rules, federal regulations,
			 and any written agreement between the Department and the Oregon Department of
			 State Police;
(e) If a
			 fingerprint-based criminal records check was conducted with regard to a subject
			 individual, the Department shall permit that subject individual to inspect his
			 or her own state and federal criminal offender information, unless prohibited
			 by federal law;
(f) If a subject
			 individual with a right to inspect criminal offender information under
			 subsection (e) Requests, the Department shall provide the subject individual
			 with a copy of the individual's own state and federal criminal offender
			 information, unless prohibited by federal law. The Department shall require
			 sufficient identification from the subject individual to determine his or her
			 identity prior to providing this criminal offender information to him or her.
			 The Department shall require that the subject individual sign a receipt
			 confirming his or her receipt of the criminal offender information.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0320 - Authorized Designees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appointment:
(a) The Attorney General or the Attorney
			 General's designee shall designate the positions that include the
			 responsibilities of an authorized designee;
(b) Appointments shall be made by the
			 Attorney General or the Attorney General's designee at his or her sole
			 discretion.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0330 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may charge a fee for acquiring criminal offender
				information for use in making a fitness determination. In any particular
				instance, the fee shall not exceed the fee(s) charged the Department by the
				Oregon Department of State Police and the Federal Bureau of Investigation to
				obtain criminal offender information on the subject
				individual.
Stat. Auth.: ORS
				  181.534,
				  180.267
Stats. Implemented: ORS
				  181.534(9)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 8 - PROCEDURAL RULES › Section 137-008-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 the adoption, amendment, or repeal of any permanent rule, including the Model
			 Rules, the Attorney General 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 before
			 the effective date of the rule;
(b)
			 By mailing or emailing a copy of the Notice to persons on the Attorney
			 General's mailing list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule;
(c) By mailing or emailing 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, emailing, or furnishing a
			 copy of the Notice to:
(A) The Oregon State
			 Bar;
(B) The Associated Press;
			 and
(C) The Capitol Press
			 Room.