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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON UNIVERSITY SYSTEM, PORTLAND STATE UNIVERSITY

 

DIVISION 1

PROCEDURAL RULES 

577-001-0005

Notice of Rulemaking

Prior to the adoption, amendment, or repeal of any rule, the University 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 21 days prior to the effective date. Publication in the Bulletin may omit the information required by OAR 577-001-0010(1)(c)–(j).

(2) By mailing a copy of the notice to persons on the University's mailing list established pursuant to ORS 183.335(6) at least 28 days prior to the effective date. At a minimum, the mailing list shall include:

(a) Associated Press;

(b) The Oregonian;

(c) Vanguard;

(d) Associated Students of Portland State University;

(e) Portland State University Faculty Association; and

(f) Labor organizations representing University faculty or staff.

Stat. Auth.: ORS 183 & 351
Stats. Implemented: ORS 183.335 & 183.341
Hist.: PSU 3, f. & ef. 1-14-76; PSU 12, f. & ef. 2-22-77; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0010

Contents of Notice

Contents of Notice and Requests for Public Hearing

(1) The notice referred to in OAR 577-001-0005 shall contain the following:

(a) A caption of not more than 15 words that reasonably identifies the subject matter of the University’s intended action.

(b) The subject matter and purpose of the proposed action in sufficient detail to inform a person that his or her interest may be affected.

(c) If practicable, the text of the rule to be adopted, amended or repealed. If the text is not included in the notice, the notice shall state the manner in which a copy of the text may be obtained.

(d) A citation of the statute or other legal authority for the rule.

(e) A citation of the statute or other law the rule is intended to implement.

(f) A statement of the need for the rule and how the rule is intended to meet the need.

(g) A list of documents, studies or reports prepared for or relied upon in formulating the rule, and a statement of the location at which those documents are available for public inspection.

(h) A statement of fiscal impact identifying state agencies, units of local government and the public which may be economically affected by the adoption, amendment or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public. In considering the economic effect of the proposed action on the public, the University shall utilize available information to project any significant economic effect of that action on businesses which shall include a cost of compliance effect on small businesses affected.

(i) If an advisory committee is not appointed pursuant to ORS 183.025(2), an explanation as to why no advisory committee was used to assist the University in drafting the rule.

(j) If the University plans to hold a public hearing:

(A) The time and place of the hearing and the manner in which interested persons may present their views.

(B) A designation of the person or governing body of the University to conduct the hearing.

(k) If the University does not plan to hold a public hearing:

(A) The time and manner in which data or views may be submitted in writing.

(B) A statement that any interested person desiring to express or submit data or views at a public hearing may request the opportunity to do so.

(C) The time and manner in which requests for a public hearing must be submitted.

(D) A statement that a public hearing will be held if the University receives timely request from ten or more persons or from an association having not less than ten members.

(2) If timely request for a public hearing is received from ten or more persons or from an association having not less than ten members, the University shall give notice of the hearing and conduct it in conformity with these rules.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 183.335 & 183.341
Hist.: PSU 12, f. & ef. 2-22-77; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0020

Postponement of Proposed Action

(1) The University shall postpone its proposed action upon timely request of an interested person, to allow the requesting person an opportunity to submit data or views concerning the proposed action.

(2) Postponement of the proposed action shall be not less than 21 days or more than 90 days. In determining the length of postponement, the University shall consider the time necessary to give reasonable notice of the postponement and the complexity of the subject and issues of the proposed action.

(3) This rule does not apply to adoption of temporary rules pursuant to ORS 183.335(5) and OAR 577-001-0050.

Stat. Auth.: ORS 183 & 351
Stats. Implemented: ORS 183.335, &183.341
Hist.: PSU 12, f. & ef. 2-22-77; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0025

Conduct of Hearing

(1) If a public hearing is held, it shall be conducted by a person designated by the President.

(2) At the commencement of the hearing, any person wishing to be heard shall inform the presiding officer in writing of his or her name, address, affiliation, and position in favor of or opposition to the proposed action. The presiding officer shall provide a form for that purpose. Additional persons may be heard at the discretion of the presiding officer.

(3) Subject to the discretion of the presiding officer, the order of the presentation shall be:

(a) Statements of proponents;

(b) Statements of opponents; and

(c) Statements of any other witness present and wishing to be heard.

(4) The presiding officer may question or examine any witness making a statement at the hearing. At the discretion of the presiding officer, other persons may be permitted to examine witnesses.

(5) There shall be no rebuttal or additional statement given by any witness unless requested by the presiding officer. However, when such additional statement is given, the presiding officer shall allow an equal opportunity for reply.

(6) The hearing may be continued with recesses as determined by the presiding officer until all listed witnesses present and desiring to make statements have had an opportunity to do so.

(7) The presiding officer shall, if practicable, receive all physical and documentary evidence presented by witnesses. Exhibits shall be marked and shall identify the witnesses offering them. The exhibits shall be preserved by the University for one year or, in the discretion of the University, returned to the witnesses offering them.

(8) The presiding officer may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter.

(9) A recording or verbatim record shall be made of the hearing or, in the alternative, a record in the form of minutes.

Stat. Auth.: ORS 183 & 351
Stats. Implemented: ORS 183.335 & 183.341
Hist.: PSU 12, f. & ef. 2-22-77; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08 ; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0035

Action of University

The University may adopt, amend, or repeal rules covered by the notice of proposed action at any time after the conclusion of the hearing or, if no hearing is held, on or after the date specified in the notice of proposed action.

Stat. Auth.: ORS 183 & 351
Stats. Implemented: ORS 183.335 & 183.341
Hist.: PSU 12, f. & ef. 2-22-77; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0040

Filing With Secretary of State

(1) The University shall file in the office of the Secretary of State a certified copy of each rule as adopted or amended and each notice of repeal.

(2) A rule shall be effective upon filing unless a different effective date is required by statute or specified in the rule.

Stat. Auth.: ORS 183 & 351
Stats. Implemented: ORS 183.335 & 183.341
Hist.: PSU 12, f. & ef. 2-22-77; PSU 1-1978, f. & ef. 1-6-78; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0041

Submission of Rule to Legislative Counsel

Within 10 days of filing an adopted or amended rule or notice of repeal with the Secretary of State, the University shall send a copy of the rule or notice of repeal to Legislative Counsel.

Stat. Auth.: ORS 183 & 351
Stats. Implemented: ORS 183.335 & 183.341
Hist.: PSU 1-1978, f. & ef. 1-6-78; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0045

Petitions Requesting Promulgation, Amendment, or Repeal of Rules

(1) An interested person may petition the University to adopt, amend, or repeal a rule. The petition shall state the name and address of the petitioner and any other person known to the petitioner to be interested in the rule. The petition shall be legible, signed by or on behalf of the petitioner, and shall contain a detailed statement of:

(a) The rule petitioner requests the University to adopt, amend, or repeal. When a new rule is proposed, the petition shall set forth the proposed language in full. When an amendment of an existing rule is proposed, the rule shall be set forth in the petition in full with matter proposed to be deleted and proposed additions shown by a method that clearly indicates proposed deletions and additions;

(b) Facts or arguments in sufficient detail to show the reasons for and effects of adoption, amendment, or repeal of the rule; and

(c) All propositions of law to be asserted by petitioner.

(2) If the petitioner requests the amendment or repeal of an existing rule, the petition must also contain comments on:

(a) Options for achieving the existing rule's substantive goals while reducing the negative economic impact on businesses;

(b) The continued need for the existing rule;

(c) The complexity of the existing rule;

(d) The extent to which the existing rule overlaps, duplicates, or conflicts with other state or federal rules and with local government regulations; and

(e) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the existing rule, since the University adopted the rule.

(3) If a petition requests the amendment or repeal of a rule, before denying a petition, the University must invite public comment upon the rule, including whether options exist for achieving the rule's substantive goals in a way that reduces the negative economic impact on businesses.

(4) The University:

(a) May provide a copy of the petition, together with a copy of the applicable rules of practice, to all persons named in the petition;

(b) May schedule oral presentations; and

(c) Shall, in writing, within 90 days after receipt of the petition, either deny the petition or initiate rulemaking proceedings.

Stat. Auth.: ORS 183 & 351
Stats. Implemented: ORS 183.335 & 183.390
Hist.: PSU 12, f. & ef. 2-22-77; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

577-001-0050

Temporary Rules

(1) The University may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that is practicable, to adopt or amend a rule without the notice otherwise required. In such a case, the University shall:

(a) File with the Secretary of State the rule and the University's findings that failure to act promptly will result in serious prejudice to the public interest or to the interest of the parties concerned and the reasons for that finding, a citation of the statutory or other legal authority relied upon and bearing upon the adoption of the rule, a statement of the need for the rule and a statement of how the rule is intended to meet the need, and a list of the principal documents, reports or studies, if any, prepared by or relied upon by the University in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection;

(b) Take appropriate measures to make the temporary rule known to the persons who may be affected;

(c) Furnish copies of the temporary rule to the mailing list required by OAR 577-001-0005(1)(b); and

(d) File a copy of the adopted or amended rule with Legislative Counsel within 10 days after filing with the Secretary of State.

(2) Unless a later date is specified in the temporary rule, it shall be effective upon filing with the Secretary of State.

(3) Temporary rules may be effective for no longer than 180 days. They may not be renewed. The University may, however, adopt identical permanent rules with notice pursuant to division 1 of these Rules, and may give such notice contemporaneously with adoption of the temporary rule.

(4) A rule temporarily suspended shall regain effectiveness upon expiration of the temporary period of suspension unless the rule is repealed with notice pursuant to division 1 of these Rules prior to the expiration of the temporary rule.

Stat. Auth.: ORS 183, &351
Stats. Implemented: ORS 183.335 & 183.341
Hist.: PSU 12, f. & ef. 2-22-77; PSU 1-1978, f. & ef. 1-6-78; PSU 1-2008(Temp), f. 4-15-08, cert. ef. 4-21-08 thru 10-17-08; PSU 6-2008, f. & cert. ef. 9-15-08

Rules of Procedure for Contested Cases

577-001-0100

Contested Case Rule

OAR 577-001-0105 through 577-001-0120 may be referred to as the Portland State University rules of procedure for contested cases. They carry out the requirement of ORS 183.341(2) with respect to contested case proceedings and are to be interpreted consistently with the Oregon Administrative Procedure Act (ORS Chapter 183). Any situation not provided for in these rules shall be governed by the Act.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.088
Hist.: PSU 15, f. & cert. ef. 6-9-77; PSU 2-2005(Temp), f. & cert. ef. 7-7-05 thru 12-28-05; PSU 4-2005, f. & cert. ef. 12-15-05

577-001-0105

Applicability

These rules apply where the University:

(1) Is required by statute or constitution to determine the legal rights, duties, or privileges of a party by means of a contested case hearing; or

(2) Provides in any matter for a contested case hearing.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.088
Hist.: PSU 15, f. & cert. ef. 6-9-77; PSU 2-2005(Temp), f. & cert. ef. 7-7-05 thru 12-28-05; PSU 4-2005, f. & cert. ef. 12-15-05

577-001-0110

Hearing Board

(1) Definition. As used in these rules, "hearing board" means any person or body of persons authorized by the University to hear a contested case.

(2) Powers of Hearing Board. When a contested case is referred to it by the proper authority, the hearing board shall be empowered to do the following with respect to that case:

(a) Give notice of and hold hearings;

(b) Issue subpoenas and order the taking of depositions;

(c) Examine witnesses;

(d) Hold conferences with all parties, before or during the hearing, to settle or simplify the issues;

(e) Make proposed findings of fact and recommendations for disposition of the case.

(3) Hearing Board Chairperson. One member of each hearing board shall be designated to chair the board and to preside at any hearings held. The chairperson, on behalf of the board, shall regulate the conduct of the hearing, shall administer oaths or affirmations to witnesses and may eject from a hearing any person who interferes with its orderly procedure. Subject to the board's approval, the chairperson shall rule upon admissibility of evidence and offers of proof.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.088
Hist.: PSU 15, f. & cert. ef. 6-9-77; PSU 2-2005(Temp), f. & cert. ef. 7-7-05 thru 12-28-05; PSU 4-2005, f. & cert. ef. 12-15-05

577-001-0115

Preparation and Hearing of Contested Case

(1) Notice. After referral of a contested case to it, the hearing board shall serve on each party, personally or by registered or certified mail, a notice containing the following:

(a) A statement of the time and place of the hearing;

(b) A statement of the authority and jurisdiction under which the hearing is to be held;

(c) Reference to the statutes or rules involved;

(d) A short and plain statement of the matters asserted or charged.

(2) Postponement. Upon motion of any party, for good cause shown, the hearing board may grant a postponement of the hearing.

(3) Counsel. Any party may elect to be represented by counsel, at the party's expense. The hearing board may be assisted by counsel on matters of law and procedure.

(4) Verbatim Record. A verbatim record shall be made of any motions, rulings, and testimony at the hearing, but such record need not be transcribed unless requested by a party. The University may charge the cost of transcription to the party requesting a transcript.

(5) Evidence. Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All testimony shall be upon oath or affirmation.

(6) Presentation by Parties. Every party shall have the right to present his or her case by oral, documentary, or other satisfactory evidence, and to conduct such cross examination as may be required, to the end that a full and complete disclosure of the facts may be made.

(7) Order of Hearing. At the discretion of the chairperson of the hearing board, the hearing shall be conducted in the following order:

(a) Statement and evidence of complaining party (e.g. the University in disciplinary matters; the complainant in grievance proceedings);

(b) Statement and evidence of responding party;

(c) Rebuttal evidence of complaining party;

(d) Closing arguments of complaining and responding parties.

(8) Burden of Proof. The complaining party shall be required to prove, by a preponderance of the evidence, any charges or allegations made by such party.

(9) Failure of Party to Appear at Hearing. Any party failing to appear at a hearing shall be deemed to have waived the right to a hearing. If one or more parties fail to appear, the remaining party or parties may present their cases to the hearing board.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.088
Hist.: PSU 15, f. & cert. ef. 6-9-77; PSU 2-2005(Temp), f. & cert. ef. 7-7-05 thru 12-28-05; PSU 4-2005, f. & cert. ef. 12-15-05

577-001-0120

Posthearing Procedure

(1) Duties of Hearing Board. After the hearing is closed, the Hearing Board shall prepare the following:

(a) All pleadings, motions, and other documents submitted by the parties;

(b) A summary of testimony heard;

(c) The verbatim record, whether or not transcribed;

(d) All other evidence received at the hearing;

(e) A statement of stipulations of the parties and of matters officially noticed;

(f) Proposed findings of fact and recommendations for disposition of the case.

(2) The documents listed above shall be transmitted to the President.

(3) Review by President. The President shall review so much of the material transmitted by the Hearing Board as he deems necessary. If the president is unable to reach a decision from the evidence and findings presented, the matter may be referred to the Hearing Board for further proceedings or deliberations.

(4) Proposed Order. If the decision reached by the President concerning disposition of the case is adverse to any party other than the University, the President shall serve upon all parties a proposed order, including findings of fact and conclusions of law, and shall afford to each party adversely affected an opportunity to file exemptions and present argument to the President.

(5) Final Order. After exceptions and argument, if any, on the proposed order have been received and considered, the President shall prepare a written final order, accompanied by findings of fact and conclusions of law which may, in the President's discretion, be in the form of a narrative opinion. Copies of the final order and accompanying findings and conclusions shall be mailed to each party or, if applicable, to each attorney of record.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.088
Hist.: PSU 15, f. & cert. ef. 6-9-77; PSU 1-1988(Temp), f. & cert. ef. 3-15-88; PSU 3-1988, f. & cert. ef. 6-16-88; PSU 2-2005(Temp), f. & cert. ef. 7-7-05 thru 12-28-05; PSU 4-2005, f. & cert. ef. 12-15-05

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