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EMPLOYMENT RELATIONS BOARD

 

DIVISION 15

DECLARATORY RULINGS

115-015-0000

Institution of Proceedings for Declaratory Rulings

On petition of any interested person, the Board may, in its discretion, issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by the Board.

Stat. Auth.: ORS 183, 240 & ORS 243
Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320
Hist.: ERB 5-1985, f. 10-29-85, ef. 10-31-85

115-015-0010

Contents of Petition

The petition to initiate proceedings for declaratory ruling shall contain:

(1) The rule or statute that may apply to the person, property, or state of facts;

(2) A detailed statement of the relevant facts including sufficient facts to show petitioner's interest;

(3) All propositions of law or contentions asserted by petitioner;

(4) The questions presented;

(5) The specific relief requested; and

(6) The name and address of petitioner and of any other person or entity known by petitioner to be interested in the requested declaratory ruling.

Stat. Auth.: ORS 183, ORS 240 & ORS 243
Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320
Hist.: ERB 5-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1998, f. & cert. ef. 1-26-98

115-015-0020

Filing and Service of Petition

(1) The petition shall be deemed filed when received by the Board.

(2) Within 60 days after the petition is filed, the Board shall notify the petitioner in writing whether it will issue a ruling. If the Board decides to issue a ruling, it shall serve all persons and entities named in the petition by mailing:

(a) A copy of the petition together with a copy of the Board's rules of practice;

(b) Notice of any proceeding including the hearing at which the petition will be considered.

(3) Notwithstanding subsection (2) of this rule, the Board may decide at any time it will not issue a declaratory ruling in any specific instance. The Board shall notify the petitioner in writing when the Board decides not to issue a declaratory ruling.

Stat. Auth.: ORS 183, ORS 240 & ORS 243
Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320
Hist.: ERB 5-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1998, f. & cert. ef. 1-26-98

115-015-0025

Intervention in Declaratory Rulings

(1) Any person or entity may petition the Board for permission to participate in the proceeding as a party.

(2) The petition for intervention shall be in writing and shall contain:

(a) The rule or statute that may apply to the person, property, or state of facts;

(b) A statement of facts sufficient to show the intervenor's interest;

(c) A statement that the intervenor accepts the petitioner's statement of facts for purposes of the declaratory ruling;

(d) All propositions of law or contentions asserted by the intervenor;

(e) A statement that the intervenor accepts the petitioner's statement of the questions presented or a statement of the questions presented by the intervenor; and

(f) A statement of the specific relief requested.

(3) The Board may, in its discretion, invite any person or entity to file a petition for intervention.

(4) The Board, in its discretion, may grant or deny any petition for intervention. If a petition for intervention is granted, the status of the intervenor(s) shall be the same as that of an original petitioner, i.e., the declaratory ruling, if any, issued by the Board shall be binding between the intervenor and the Board on the facts stated in the petition, subject to review as provided in ORS 183.410.

(5) The decision to grant or deny a petition for intervention shall be in writing and shall be served on all parties.

Stat. Auth.: ORS 183, ORS 240 & ORS 243
Stats. Implemented: ORS 183.410
Hist.: ERB 1-1998, f. & cert. ef. 1-26-98

115-015-0028

Notice of Declaratory Ruling Hearing

The notice of hearing for a declaratory ruling shall:

(1) Be accompanied by a copy of the petition requesting the declaratory ruling and by a copy of any petition for intervention if copies of these petitions have not previously been served on the party;

(2) Set forth the time and place of the proceeding; and

(3) Identify the presiding officer.

Stat. Auth.: ORS 183, ORS 240 & ORS 243
Stats. Implemented: ORS 183.410
Hist.: ERB 1-1998, f. & cert. ef. 1-26-98

115-015-0030

Declaratory Ruling Procedure

(1) The proceeding shall be conducted by and shall be under the control of the presiding officer. The presiding officer may be the chairperson of the Board, another member of the Board, or an administrative law judge designated by the Board.

(2) No testimony or other evidence shall be accepted at the hearing. The petition will be decided on the facts stated in the petition, except that the presiding officer may agree to accept, for consideration by the Board, a statement of alternative facts if such a statement has been stipulated to in writing by all parties to the proceeding, including any intervening parties.

(3) The parties shall have the right to present oral argument. The presiding officer may impose reasonable time limits on the time allowed for oral argument. The parties may file briefs in support of their respective positions. The presiding officer shall fix the time and order of filing briefs and may direct that the briefs be submitted prior to oral argument. The presiding officer may permit the filing of memoranda following the hearing.

(4) The proceeding may be conducted in person or by telephone.

(5) As used in this rule, "telephone" means any two-way electronic communication device.

Stat. Auth.: ORS 183, ORS 240 & ORS 243
Stats. Implemented: ORS 183.410, ORS 240.086(3), ORS 243.766(7) & ORS 663.320
Hist.: ERB 5-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1998, f. & cert. ef. 1-26-98

115-015-0035

Presiding Officer's Proposed Declaratory Ruling

(1) Except when the Board hears the case, the presiding officer shall prepare a proposed declaratory ruling in accordance with OAR 115-015-0060 for consideration by the Board.

(2) When a proposed declaratory ruling is considered by the Board, the parties shall have the right to present oral argument to the Board.

Stat. Auth.: ORS 183, ORS 240 & ORS 243
Stats. Implemented: ORS 183.410
Hist.: ERB 1-1998, f. & cert. ef. 1-26-98

115-015-0040

Issuance of Declaratory Ruling

(1) The Board shall issue its declaratory ruling within 60 days of the close of the record.

(2) The ruling shall be in writing and shall include:

(a) The facts upon which the ruling is based;

(b) The statute or rule in issue;

(c) The Board's conclusion as to the legal effect of the statute or rule to those facts;

(d) The Board's conclusion as to the legal effect or result of applying the statute or rule to those facts;

(e) The reasons relied upon by the Board to support its conclusions; and

(f) A statement that under ORS 183.480 the parties may obtain judicial review by filing a petition with the Court of Appeals within 60 days from the date the declaratory ruling is served.

(3) The ruling shall be served by mailing a copy to the parties.

Stat. Auth.: ORS 183, ORS 240 & ORS 243
Stats. Implemented: ORS 183.410
Hist.: ERB 5-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1998, f. & cert. ef. 1-26-98

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