Loading
The Oregon Administrative Rules contain OARs filed through November 15, 2016
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

EMPLOYMENT RELATIONS BOARD

 

DIVISION 45

APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE
UNDER THE STATE PERSONNEL RELATIONS LAW

115-045-0000

Definition of Terms

See OAR 115-010-0010.

Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 1-1982, f. & ef. 1-19-82; ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 1-1998, f. & cert. ef. 1-26-98; ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0002

Computation of Time

See OAR 115-010-0012.

Stat. Auth.: ORS 243
Stats. Implemented: ORS 240.086(3)
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0005

Filing of Appeals

An appeal must be in writing and filed not later than 30 days after the effective date of the action being appealed. An appeal shall be considered filed when it is received by the Board or postmarked, if mailed postpaid and properly addressed. Amendments or supplements to appeals will be accepted only on a showing of good cause. Failure to timely file may result in dismissal of the appeal.

Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 9-1985, f. 10-29-85, ef. 10-31-85; ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01; ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04; Administrative correction 8-2-04; ERB 1-2005, f. & cert. ef. 1-24-05; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0010

Regular Employee Appeals from Suspension, Reduction in Pay, Demotion and Dismissal Actions

An appeal under ORS 240.560 must contain a detailed statement specifying:

(1) The action being appealed;

(2) The reasons why appellant believes the action was not in good faith for cause or was taken for political, religious or racial reasons, or because of sex, marital status or age; and

(3) The corrective action being requested.

Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 1-1982, f. & ef. 1-19-82; ERB 9-1985, f. 10-29-85, ef. 10-31-85; ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01; ERB 1-2002, f. & cert. ef. 5-21-02; ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04; Administrative correction 8-2-04; ERB 1-2005, f. & cert. ef. 1-24-05; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0017

Appeals Concerning Temporary Appointments

(1) A complaint filed under ORS 240.307 that alleges a violation of ORS 240.309 (temporary appointment duration) must be in writing and must contain a detailed statement specifying:

(a) The action being appealed;

(b) The reason complainant believes that the action violates ORS 240.309; and

(c) The corrective action being requested.

(2) The complaint must be filed with the Board no later than 30 days after the employee knew or reasonably should have known of the alleged violation.

Stat. Auth.: ORS 240.086(3)
Stats. Implemented: ORS 240.086(1) & 240.309
Hist.: ERB 2-1990, f. 11-8-90, cert. ef. 11-19-90; ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0020

Other Appeals from Other Personnel Actions

(1) Pursuant to ORS 240.086, a classified employee not in a bargaining unit may appeal any personnel action affecting the person (including trial service removals) that is alleged to be arbitrary or contrary to law, rule or policy, or taken for political reasons.

(2) The appeal must be in writing and must contain a detailed statement specifying:

(a) The action being appealed;

(b) The reasons why the appellant believes the action was arbitrary, contrary to law, rule or policy, or taken for political reasons; and

(c) The corrective action being requested.

Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 1-1982, f. & ef. 1-19-82; ERB 9-1985, f. 10-29-85, ef. 10-31-85; ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01, Renumbered from 115-045-0015; ERB 1-2001, f. 2-16-01, cert. ef. 7-1-01; ERB 1-2002, f. & cert. ef. 5-21-02; ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04; Administrative correction 8-2-04; ERB 1-2005, f. & cert. ef. 1-24-05; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0021

Dismissal Appeals by Management Service Employees with Immediate Prior Regular Classified Service

An appeal under ORS 240.570 shall comply with OAR 115-045-0005 and must contain a detailed statement specifying:

(1) The action being appealed;

(2) The reason(s) why the employee believes that the action violated ORS 240.570 (and any related statute); and

(3) The corrective action being requested.

Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 1-1982, f. & ef. 1-19-82; ERB 9-1985, f. 10-29-85, ef. 10-31-85; ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 2-2000, f.12-1-00, cert. ef. 7-1-01, Renumbered from 115-045-0010; ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04; Administrative correction 8-2-04; ERB 1-2005, f. & cert. ef. 1-24-05; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0025

Hearings

(1) The Board Agent may investigate and attempt to resolve the dispute with the parties. If the case cannot be resolved within a reasonable time, the Board Agent will schedule a hearing.

(2) Time and Place of Hearings. The time and place of hearing will be set by the Board Agent. At least ten days before the hearing, the Board Agent will serve a notice of the hearing on the parties. The Board Agent will also provide the agency head and any other interested party with a copy of the notice. Unless the parties agree otherwise, the initial hearing date will be set within 30 days from the date that the appeal was filed.

(3) Postponements. When the parties to a hearing agree to a postponement, they shall promptly submit a written request for postponement to the Board Agent, who has the discretion to grant or deny the request.

Stat. Auth.: ORS 240.086(3) & ORS 243.766(7)
Stats. Implemented: ORS 240
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01; ERB 1-2002, f. & cert. ef. 5-21-02; ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04; Administrative correction 8-2-04; ERB 1-2005, f. & cert. ef. 1-24-05; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

115-045-0030

Conduct of Hearings

Unless the context requires otherwise, OAR 115-010-0040 through 115-010-0110 apply to cases under this Division.

Stat. Auth.: ORS 240.086(3) & ORS 243.766(7)
Stats. Implemented: ORS 240
Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 9-1985, f. 10-29-85, ef. 10-31-85; ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01; ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use