Oregon Bulletin

December 1, 2013

Oregon Department of Education, Fair Dismissal Appeals Board, Chapter 586

Rule Caption: Updates of procedural rules for Fair Dismissal Appeals Board

Adm. Order No.: FDAB 1-2013

Filed with Sec. of State: 10-30-2013

Certified to be Effective: 11-7-13

Notice Publication Date: 10-1-2013

Rules Amended: 586-001-0000, 586-001-0005

Subject: The rule amendments update FDAB’s rule on notifications to stakeholders of rule changes to reflect current law. The rule amendments also update the reference to the AG model rules.

Rules Coordinator: Cindy Hunt—(503) 947-5651


Giving Reasonable Notice to Interested Persons on Any Proposal by the Fair Dismissal Appeals Board to Adopt, Amend, or Repeal Any Rule

(1) Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5) the Fair Dismissal Appeals Board 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 to be adopted.

(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 Board’s mailing list 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 day of the rule; and,

(d) By mailing or e-mailing a copy of the notice to persons, organizations and publications identified by the Board and established educational, student and parent organizations that have submitted mailing or e-mailing addresses to the Board.

(2) Persons who wish to be placed on the Board’s mailing or e-mailing list may request in writing or by e-mail that the Board send to the person copies of its notice of proposed rulemaking.

(3) The Board may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Board sends the request, the Board will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

Stat. Auth.: ORS 183.335 & 183.341(4)

Stats. Implemented: ORS 183.335

Hist.: FDA 8, f. 4-5-76, ef. 4-15-76; FDA 2-1980, f. & ef. 3-27-80; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1992, f. & cert. ef. 3-5-92; FDAB 1-2013, f. 10-30-13, cert. ef. 11-7-13


Model Rules of Procedure

Pursuant to ORS 183.341, the Board adopts the Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedures Act, in effect on January 1, 2012, except those rules pertaining to contested cases.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Education.]

Stat. Auth.: ORS 183.341

Stats. Implemented: ORS 183.341

Hist.: FDA 1, f. 5-5-72, ef. 5-15-72; FDA 3, f. 1-18-74, ef. 2-11-74; FDA 7, f. 4-2-76, ef. 4-15-76; FDA 1-1978, f. 3-16-78, ef. 3-20-78; FDA 1-1980, f. & ef. 3-18-80; FDA 3-1982, f. 11-4-82, ef. 11-5-82; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1986, f. 11-7-86, ef. 11-12-86; FDA 1-1992, f. & cert. ef. 3-5-92; FDAB 1-2013, f. 10-30-13, cert. ef. 11-7-13

1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use