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OREGON STATE LIBRARY

 

DIVISION 10

ADMINISTRATION

543-001-0000

Reasonable Notice

Prior to the adoption, amendment, or repeal of any rules, the State Librarian, Secretary to the Board, shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.

(2) By mailing a copy of the notice to persons on the State Librarian's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule.

(3) By mailing a copy of the notice to the following persons, organizations and publications:

(a) Associated Press;

(b) Association of Oregon Counties;

(c) League of Oregon Cities;

(d) Department of Administrative Services;

(e) Oregon Library Association;

(f) Capitol Press Room.

Stat. Auth.: ORS 183.341(4) & 357.015(2)

Stats. Implemented: ORS 183.341(4)

Hist.: OSL 55, f. & ef. 1-12-76; OSL 1-1995, f. & cert. ef. 10-27-95

543-001-0005

Model Rules of Procedure

Pursuant to provisions of ORS 183.341, the Oregon State Library adopts the Attorney General's Model Rules of Procedure as amended effective January 1, 2008.

[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Oregon State Library.]

Stat. Auth.: ORS 183.341 & ORS 357.015(2)

Stats. Implemented: ORS 183.341

Hist.: OSL 48, f. 9-20-71, ef. 10-20-71; OSL 54, f. 12-18-73, ef. 1-11-74; OSL 56, f. & ef. 6-21-76; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-1995, f. & cert. ef. 10-27-95; OSL 1-2008, f. & cert. ef. 1-17-08

543-001-0010

Confidentiality and Inadmissibility of Mediation Communications

(1) Words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(c) Mediation in which the only parties are public bodies;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation; or

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule; or

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate." [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Oregon State Library Board determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 36.224
Stats. Implemented: ORS 36.224, 36.228, 36.230 & 36.232
Hist.: OSL 1-1999(Temp), f. & cert. ef. 2-22-99 thru 8-1-99; OSL 2-1999, f. & cert. ef. 6-21-99; OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

DIVISION 10

ADMINISTRATION

543-010-0003

Definitions

The following words, when used in Administrative Rules adopted by the Oregon State Library Board, shall mean the following:

(1) "Board" means the Oregon State Library Board.

(2) "Chair" means the presiding officer of the Board.

(3) “State Library Resources” are library materials and services to support the informational needs of state government employees, Oregonians with print disabilities and local libraries.

Stat. Auth.: Ch. 328 (4) OL 2015
Stats. Implemented: Ch. 328 (4) OL 2015
Hist.: OSL 55, f. & ef. 1-12-76; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

543-010-0016

Meetings and Notice

(1) The State Librarian shall follow the procedures established by the Attorney General's Public Meetings and Records Manual, as amended from time to time, for providing notices of Board meetings. Unless the meeting is called exclusively for the purpose of holding an executive session as set forth in ORS 192.660, copies of the meeting notices shall be sent to organizations and individuals designated by the Board.

(2) A copy of the notice shall be sent to any organization or individual previously notifying the Chair or the State Librarian of interest in the subject matter to be considered at the meeting.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 357
Stats. Implemented: ORS 357.050
Hist.: OSL 55, f. & ef. 1-12-76; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-2000, f. & cert. ef. 4-13-00; OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

543-010-0017

Appearances Before the Board

The policy of the Board is to hold public meetings and to permit all persons, groups and organizations having relevant business or opinions to appear before them and be heard.

Stat. Auth.: ORS 357.015(2)
Stats. Implemented: ORS 192.630
Hist.: OSL 55, f. & ef. 1-12-76; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-1995, f. & cert.e f. 10-27-95

543-010-0021

Eligible Borrowers

The State Library will lend library materials to:

(1) Legally established public libraries.

(2) Educational institution libraries.

(3) State agencies and their employees.

(4) Print-disabled individuals who are eligible to borrow library materials from the Talking Book and Braille Library.

(5) Individuals with current Oregon addresses who request materials in person at the State Library.

(6) Special libraries (as listed in directories as maintained by Oregon State Library or other standard library directories).

Stat. Auth.: Ch.r 328 (7) (OL 2015)
Stats. Implemented: Ch.r 328 (2) (OL 2015)
Hist.: OSL 55, f. & ef. 1-12-76; OSL 2-1980, f. & ef. 10-2-80; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-1992, f. 2-11-92, cert. ef. 2-17-92; OSL 1-1993, f. & cert. ef. 11-10-93; OSL 1-1995, f. & cert. ef. 10-27-95; OSL 1-2000, f. & cert. ef. 4-13-00; OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

543-010-0022

Eligible Recipients of Research Services

In addition to research services defined in OAR 543-010-0032, the State Library provides resource materials and research services to the following:

(1) State officials, including legislators;

(2) State employees;

(3) Former statewide-elected government officials.

Stat. Auth.: ORS 357.015(2)
Stats. Implemented: ORS 357.005(2)(c), (2)(f) & 357.003(2)
Hist.: OSL 55, f. & ef. 1-12-76; OSL 2-1980, f. & ef. 10-2-80; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-1995, f. & cert. ef. 10-27-95; OSL 1-2000, f. & cert. ef. 4-13-00; Suspended by OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

543-010-0025

Loan Periods

The State Library Board authorizes the State Librarian to set loan periods for State Library materials. Loan periods will be available to the public in a State Library policy.

Stat. Auth.: ORS 357.015(2)
Stats. Implemented: ORS 357.015(2)
Hist.: OSL 14, f. 5-5-61, ef. 6-10-61; OSL 55, f. & ef. 1-12-76; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-1992, f. 2-11-92, cert. ef. 2-17-92; OSL 1-1995, f. & cert. ef. 10-27-95; OSL 1-2000, f. & cert. ef. 4-13-00

543-010-0026

Copying Charges

The State Library Board authorizes the State Library to charge current rates for the following types of copying. The fee schedule will be available to the public in a State Library policy.

(1) Photocopies from print publications.

(2) Photocopies from microfilm.

(3) Copies of photographs using a library approved vendor.

(4) Print-outs from electronic resources. Copying charges for state employees and officials on state business are covered by its agency assessments. Fees based on current rates may be charged for copying beyond reasonable levels.

Stat. Auth.: Ch. 328 (7) (OL 2015)
Stats. Implemented: Ch. 328 (7) (OL 2015)
Hist.: OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

543-010-0030

Overdue and Lost Materials

(1) Borrowers will:

(a) Return library materials no later than the due date;

(b) Make full payment for lost materials within 30 days of the date of the bill notice.

(c) Materials borrowed through Interlibrary Loan will be billed in amounts to be determined by the lending library.

(2) The State Library will suspend service to those individuals and libraries who abuse borrowing provisions of Oregon State Library or Interlibrary Loan materials until all overdue material or payment for replacement is received by the State Library.

(3) The State Library Board authorizes the State Librarian to set fees for overdue or lost materials, whether circulated by the State Library directly or through interlibrary loan. The fee schedule shall be available to the public in a State Library policy.

Stat. Auth.: Ch. 328 (7) (OL 2015)
Stats. Implemented: Ch. 328 (7) (OL 2015)
Hist.: OSL 14, f. 5-5-61, ef. 6-10-61; OSL 55, f. & ef. 1-12-76; OSL 2-1980, f. & ef. 10-2-80; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-1995, f. & cert. ef. 10-27-95; OSL 1-2000, f. & cert. ef. 4-13-00; OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

543-010-0032

Genealogical and Oregoniana Services

(1) Genealogical Services provided by library employees shall be limited to reasonable assistance to visitors to the State Library.

(2) Oregoniana services provided by library employees shall be limited to access and reasonable assistance in using the Library's unique Oregoniana materials for walk-in patrons.

Stat. Auth.: ORS 357.015(2)
Stats. Implemented: ORS 357.005(2)(f)
Hist.: OSL 55, f. & ef. 1-12-76; OSL 1-1992, f. 2-11-92, cert. ef. 2-17-92; OSL 1-1995, f. & cert. ef. 10-27-95; OSL 1-2000, f. & cert. ef. 4-13-00; Suspended by OSL 1-2016(Temp), f. & cert. ef. 1-11-16 thru 7-6-16

 

543-010-0033

Postage Charges

Borrowers shall pay all return postage costs.

Stat. Auth.: ORS 357
Stats. Implemented: ORS 357.015(2)
Hist.: OSL 55, f. & ef. 1-12-76

543-010-0034

Hours of Service

The Oregon State Library Building will be open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excepting legal holidays, and may be open at other times by special arrangement with the State Librarian. The State Library Board authorizes the State Librarian to set times for public access to materials and services. Schedules will be available to the public in a State Library policy.

Stat. Auth.: ORS 357.015(2)
Stats. Implemented: ORS 357.012(2)
Hist.: OSL 1-1981(Temp), f. 6-16-81, ef. 7-1-81; OSL 2-1981, f. 9-28-81, ef. 10-1-81; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89; OSL 1-1992, f. 2-11-92, ef. 2-17-92; OSL 1-2000, f. & cert. ef. 4-13-00; OSL 1-2014(Temp), f. 9-29-14, cert. ef. 10-1-14 thru 3-30-15; OSL 1-2015, f. & cert. ef. 3-23-15

543-010-0035

Annual Reports

Not later than October 1 of each year, public libraries shall submit statistical and financial information, in conformance with ORS 357.520, to the State Library on the Statistical Report form furnished by the State Library.

Stat. Auth.: ORS 357
Stats. Implemented: ORS 357.520
Hist.: OSL 55, f. & ef. 1-12-76; OSL 1-1989, f. 4-18-89, cert. ef. 4-17-89

543-010-0036

Official Recognition of Public Libraries

(1) The State Library will officially recognize those public libraries that become legally established under one of the methods described in ORS 357.216-286 or 357.400-357.621.

(2) Official recognition will qualify the public library to receive assistance from the State Library as authorized in the statutes.

(3) Official recognition will continue unless the library no longer meets the statutory requirements of a public library, or until the library has support withdrawn under the requirements of ORS 357.621.

(4) The State Library Board will terminate official recognition immediately after a local government withdraws support following the requirements of ORS 357.621, or after it is otherwise determined that a library no longer meets the statutory requirements of a public library. The State Library will notify a local government that official recognition is being terminated.

(5) Any affected agency may appeal the termination of official recognition to the Board. The appeal must be in writing and must contain a detailed statement specifying the reason the appellant agency believes the action was improper.

(6) The written appeal must be filed no later than 15 days after the notice of termination of official recognition is received. Once an appeal is received, it will be scheduled for public hearing and an order of the Board.

Stat. Auth: ORS 357.015 (2)
Stats. Implemented: ORS 357.216 - ORS 286 or ORS 357.400 - ORS 357.621
Hist.: OSL 1-2000, f. & cert. ef. 4-13-00

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