Current through Register Vol. 63, No. 9, September 1, 2024
(1) On any day
preceding the date on which the department issues notice under OAR
581-002-0007, a potential complainant or a district may request technical
assistance from the department with respect to an alleged violation of a law or
rule described in OAR 581-002-0003.
(2)
(a) On
any day following the date on which the department issues notice under OAR
581-002-0007 and preceding the date on which a preliminary final order is
issued pursuant to OAR 581-002-0009(3)(a)(A) or on which a final order is
issued pursuant to OAR 581-002-0009(3)(a)(B), a complainant who files an appeal
under OAR 581-002-0001 to 581-002-0023, and the district against whom the
appeal is filed, may jointly request:
(A) To
toll the proceedings described in OAR 581-002-0001 to 581-002-0023 for purposes
of reaching an agreement through conciliation; or
(B) For the district to immediately take
corrective action as proposed by the district and approved by the department
with respect to any allegation made by the complainant.
(b) Notwithstanding paragraph (a) of this
subsection, the department may still require a district to provide the
department with a response as described in OAR 581-002-0009.
(3) Upon request, the department
will provide technical assistance to support the complainant and district in
reaching an agreement through conciliation or understanding the type of
corrective action that may be taken.
(4) Any time during the tolling of
proceedings described in OAR 581-002-0001 to 581-002-0023 for purposes of
reaching an agreement through conciliation, the complainant or district may
communicate to the department that they no longer wish to negotiate. Upon
verifying that the complainant or district no longer wishes to negotiate,
proceedings described in OAR 581-002-0001 to 581-002-0023 begin at the point
during the proceedings where the tolling began.
(5) Any agreement entered into by the parties
must be in writing and shall contain the following:
(a) A statement identifying the parties to
the agreement;
(b) A statement that
the parties entering into the agreement intend that the agreement will resolve
the matters at issue in the appeal;
(c) A statement or list specifying the
particular terms to which the parties have agreed;
(d) A statement that the parties have read
and agreed to the terms contained in the agreement;
(e) The signature of each party to the
agreement; and
(f) A statement that
the parties further agree that:
(A) Upon
execution of the agreement, the department will enter an order staying the
proceedings until:
(i) The department confirms
in writing that the parties have fulfilled the obligations contained in the
agreement; or
(ii) The department
has determined that a party has failed to fulfill the terms of the
agreement.
(B) The
department will continue to have jurisdiction over the matter pending
confirmation under subparagraph (A) of this paragraph;
(C) Any party having an obligation under the
agreement shall notify the department in writing within 14 days of completing
the obligation;
(D) The department
may investigate either party's compliance with the agreement to determine
whether the parties have met their obligations within the time specified in the
agreement;
(E) If the department
finds, by substantial evidence, that a party having an obligation under the
agreement has failed to fulfill that obligation within the time required and no
good cause exists for that failure, the department may resume the proceedings
at the time that the department entered the order staying the proceedings;
and
(F) Upon completion of all
obligations of the agreement as confirmed by the department, the department
shall issue an order closing the appeal.
(6)
(a)
Upon execution of the agreement, the department shall enter an order staying
the proceedings until:
(A) The parties have
fulfilled their obligations under the agreement, as confirmed by the department
under paragraph (c) of this subsection; or
(B) The department has determined that a
party has failed to fulfill the terms of the agreement, as described in
subsection (7) of this rule.
(b) Any party having an obligation under the
agreement shall notify the department in writing within 14 days of completing
the obligation.
(c) Upon receipt of
notice that a party has completed its obligation under the agreement, the
department shall:
(A) Verify that the
obligation required by the terms of the agreement has been completed by the
party who provided the notice; and
(B) Issue written confirmation of the
completion of the obligation to the parties.
(d) At any time, the department may
investigate either party's compliance with the agreement to determine whether
the parties have met their obligations within the time specified in the
agreement.
(e) After the department
has confirmed that all obligations required under the agreement have been
completed, the department shall issue an order closing the appeal.
(7) If the department finds, by
substantial evidence, that a party having an obligation under the agreement has
failed to fulfill that obligation within the time required and no good cause
exists for that failure, the department may resume the proceedings at the time
that the department entered the order staying the proceedings.
(8) As part of any corrective action taken
pursuant to subsection (2)(b) of this rule, the complainant and district must
waive their right to seek judicial review of the corrective action under ORS
183.484.
Statutory/Other Authority: ORS
326.051, ORS
339.303 & ORS
659.850 to
659.855
Statutes/Other Implemented: ORS
339.303, ORS
659.850 to
659.855 & ORS
339.285 to
339.303
