Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 2 - ACCOUNTABILITY REPORTING ADVISORY COMMITTEE
Section 581-002-0009 - Investigation
Universal Citation: OR Admin Rules 581-002-0009
Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) Within 30 days of the date on which the
department gave notice under OAR 581-002-0007 that it is accepting an appeal, a
district must submit to the department a written response and all
correspondence, documents, and other information that the department requested
in the notice. The written response must include:
(A) A statement of facts;
(B) A description of any district action
taken in response to the complaint; or if district action was not taken in
response to the complaint, an explanation of the reason or reasons that
district action was not taken;
(C)
Any stipulation reached concerning settlement of the complaint; and
(D) A list of complaints filed with another
agency by the complainant concerning the subject of the appeal, to the extent
that the district is aware of such complaints.
(b) Upon request, the Director of the Oregon
Department of Education may for good cause extend the time by which a district
must make a submission under paragraph (a) of this subsection.
(2) After receiving the written response under subsection (1) of this rule, the department will conduct an investigation to determine whether the district violated a law or rule described in OAR 581-002-0003.
(3)
(a) Within 90 days of the date on which the
department receives the district's written response under subsection (1) of
this rule:
(A) If the department determines
that a violation of a law or rule described in OAR 581-002-0003(1), (2), (3),
(4) or (5) occurred, the department must issue a preliminary order to the
complainant and the district. The preliminary order must include:
(i) A reference to the district decision that
is on appeal;
(ii) The procedural
history of the appeal;
(iii) The
department's preliminary findings of fact; and
(iv) The department's preliminary
conclusions.
(B) If the
department determines that a violation of a rule described in OAR
581-002-0003(6) occurred, the department must issue a final order in accordance
with OAR 581-002-0017.
(C) If the
department determines that a violation of a law or rule described in OAR
581-002-0003 did not occur, the department may:
(i) Issue notice that the department is
closing the case; or
(ii) Issue a
final order in accordance with OAR 581-002-0017.
(b) The Director of the Oregon
Department of Education may for good cause extend the time by which the
department must issue a preliminary order under paragraph (a) of this
subsection.
Statutory/Other Authority: ORS 326.051, ORS 339.303 & ORS 659.850 to 659.855
Statutes/Other Implemented: ORS 339.303 & ORS 339.285 to 339.303
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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