Notice of Rulemaking Action
Prior to the adoption, amendment, or repeal of any permanent rule, the Teacher Standards and Practices Commission 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 of the rule.
(2) By sending a copy of the notice to legislators as specified in ORS 183.335(15) at least 49 days before the effective date of the rule.
(3) By sending a copy of the notice to persons on the Commission's mailing list established pursuant to ORS 183.335(8) and 183.341(4) at least 28 days before the effective date of the rule.
(4) Any person may request, in writing, to be included on the mailing list described in subsection (3) of this rule. The person must provide to the Commission an address, electronic or postal mail, to which the notice may be sent.
(5) The Commission may update the mailing list described in subsection (3) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request within 28 days of the date the Commission sends the request, the Commission may remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list, upon request, if the person provides a current address to which the notice may be sent.
Stat. Auth.: ORS 183 & 342
Stats. Implemented: ORS 183.335 & 183.341
Hist.: TS 12, f. & ef. 9-29-76; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 1-1988, f. 1-14-88, cert. ef. 1-15-88; TS 3-1988, f. & cert. ef. 4-7-88; TS 9-1994, f. & cert. ef. 11-21-94; TSPC 5-2000, f. & cert. ef. 9-20-00; TSPC 6-2002, f. & cert. ef. 10-23-02; TSPC 9-2014, f. & cert. ef. 11-14-14
Model Rules of Procedure
The Attorney General's Hearing Officer Panel Rules of Procedure, OAR 137-003-0501 to 137-003-0700 effective in December 1999, and the Collaborative Dispute Resolution Rules, OAR 137-005-0020 to 137-005-0050, effective in October 2001, and Model Rules of Procedure, OAR 137-001-0005 to 137-001-0080, effective in December 2003 are by this reference adopted as the rules of procedure for the Teacher Standards and Practices Commission and shall be controlling except as otherwise required by statute or rule.
[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Teacher Standards and Practices Commission.]
Stat. Auth.: ORS 183
Stats. Implemented: ORS 183.341
Hist.: TS 1, f. 7-31-73, ef. 7-15-73; TS 6, f. 11-21-73, ef. 12-25-73; TS 13, f. 12-20-76, ef. 1-1-77; Renumbered from 584-021-0100; TS 5-1978, f. & ef. 11-1-78; TS 4-1980, f. & ef. 7-29-80; TS 2-1982, f. & ef. 4-16-82; TS 7-1983, f. & ef. 12-14-83; TS 8-1986, f. 12-19-86, ef. 1-15-87; TS 3-1988, f. & cert. ef. 4-7-88; TS 4-1991, f. & cert. ef. 3-12-91; TS 9-1994, f. & cert. ef. 11-21-94; TSPC 1-2000(Temp), f. & cert. ef. 1-18-00 thru 7-11-00; TSPC 2-2000, f. & cert. ef. 5-15-00; TSPC 7-2005, f. & cert. ef. 8-24-05
Access to Information in Licensure Files
Oregon law establishes the right of public access to general information in files maintained by public agencies while reserving the right to withhold certain information potentially injurious to the affected party. The Commission makes available to the public information in licensure files subject to the following rules:
(l) General information available to the public shall include: the person's license type and status, academic degree(s) and the institutions awarding them, the date and place of birth, the names and addresses of verified educational employers, and orders adopted by the Commission as a result of disciplinary proceedings, if any.
(2) Personal information not routinely furnished the general public shall include: social security number, home address and telephone number, transcripts of credits and grades, reports of educational experience that include personal comments, and other forms or papers containing personal opinions about the educator.
(3) All requests for general information shall be in writing, with the exception of requests covered by section (7) of this rule.
(4) With the exception of requests covered by section (7) of this rule, a charge of $5 shall be made to process a written request for general information.
(5) All requests for personal information shall be in writing, with the exception of requests covered by section (7) of this rule, and shall provide clear and convincing evidence of public interest in disclosure or a showing that disclosure of the record will not constitute an unreasonable invasion of privacy. Upon receipt of a request for personal information, the Executive Director shall notify the educator by certified and first class mail that personal information has been requested and that he or she has an opportunity to show that making disclosure as requested will unreasonably invade privacy. The Executive Director shall determine, based on the evidence of public interest and showing of unreasonable invasion of privacy, whether exemption from disclosure is justified and shall release the record or deny the request for disclosure.
(6) With exception of requests covered by section (7) of this rule, a charge of $15 shall be made to process a written request for personal information.
(7) General and personal information in licensure files may be provided by letter, telephone or facsimile, at no cost, to the director of teacher education or his or her designee at a teacher education institution, a school district superintendent or personnel officer, or an Oregon judge or district attorney.
Stat. Auth.: ORS 183, ORS 192 & ORS 283
Stats. Implemented: ORS 183, ORS 192.440 & ORS 283.110
Hist.: TS 13, f. 12-20-76, ef. 1-1-77; TS 2-1982, f. & ef. 4-16-82; TS 1-1987, f. & ef. 3-3-87; TS 1-1992, f. & cert. ef. 1-15-92; TS 7-1992, f. 12-17-92, cert. ef. 1-15-93; TS 1-1996, f. & cert. ef. 1-29-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97
Fees for Public Records and Related Services
(1) The Commission may establish fees for providing access to public records in paper, electronic or other format. These fees will be reasonably calculated to reimburse the Commission for costs of providing and conveying the public records. The Commission shall provide information in accordance with public records disclosure rules as established in Chapter 192 of the Oregon Revised Statutes.
NOTE: See ORS 283.110 regarding charges for providing records to state agencies.
(2) In establishing the fees for public records, the Commission will consider:
(a) Printing and duplicating costs;
(b) Staff time, including but not limited to, all time spent in retrieval, duplication and compilation of information, telephone time, typing, computer operation and mailing;
(c) Electronic Services, including but not limited to, programming, materials, and computer time; and
(d) Overheard, including but not limited to, bookkeeping and accounting, attorney fees as permitted under ORS 192.440, postage and mail services, equipment maintenance, central government services, and general service charges.
(3) The Commission may waive or reduce fees for public records upon written request if the Commission determines that making the record available primarily benefits the general public.
(4) Fees for copies and related services:
(a) Photocopies (single or double-sided): $5 plus 20 cents per page (black and white) and $5 plus 30 cents per page if requested in color;
(b) Facsimile: $5.00 1st page, $1 per page thereafter;
(c) Postage/Freight: First Class or Bulk rate based on weight;
(d) Record Search Charges: In addition to photocopying or other duplication charges, the following staff time charges:
(A) Clerical — $20 per hour.
(B) Administrative — $40 per hour.
(C) Executive — $50 per hour.
(e) Data Order Charges:
(A) Standard Licensee Data Order — $150 each.
(B) Custom Licensee Data Order — $150 + $40 per hour administrative time.
(f) Address Label Disk — $100 each.
(5) The cost of a request for public records not listed in section (4) of this rule shall be determined by the Executive Director at the time of the request, considering the factors listed in section (2) of this rule. If the estimated fee of a request exceeds $25, the Commission will provide written notice to the requestor and will not act further to respond to the request until the requestor notifies the Commission, in writing, to proceed with making the records available.
(6) No additional fee will be charged for providing records or documents in an alternative format when required by the Americans with Disabilities Act.
(7) Requests for public records may be verbal; however, the Commission may require the request to:
(a) Be in writing;
(b) Be delivered to the Commission’s office (by person, U.S. Mail, FAX, email or other electronic means);
(c) Be dated;
(d) Be signed;
(e) Adequately describe the records being requested; or
(f) Indicate the date the records are needed.
(8) Electronic Records: Copies of requested electronic records may be provided in the format or manner maintained by the Commission. The Commission will perform all downloading, reproducing, formatting, and manipulating of records. Due to the threat of computer virus, the Commission will not permit requestors to provide flash drives or other electronic media for electronic reproduction of computer records.
(9) All fees and charges must be paid in advance of releasing the requested public records.
Stat. Auth.: ORS 192 & ORS 283
Stats. Implemented: ORS 192.440 & ORS 283.110
Hist.: TSPC 5-2014, f. & cert. ef. 8-5-14
Personal Service Contracts
(1) The Teacher Standards and Practices Commission occasionally requires the services of a consultant to accomplish all or part of a project. This rule establishes procedures to be followed for screening and selection of Personal Service Contractors.
(2) The Executive Director is authorized to enter into personal service contracts for assignments approved by the Commission, such as investigators for discipline cases, within the expenditure limitations established by the legislature. Personal service contracts for other tasks not previously a part of TSPC's legislatively-approved budget shall be approved by the Commission prior to initiating work on the contract.
(3) The Commission will contract for consultant services when: the specialized skills, knowledge, and resources are not available within the Commission or its staff; when the work cannot be done in a reasonable time with the Commission's own work force; when an independent and impartial evaluation of a situation is required by a consultant with recognized professional expertise and stature in a field; or when it will be less expensive to contract for the work.
(4) A personal service contract with a consultant who is a member of the Public Employees Retirement System (PERS) and who is employed in another state agency will normally be in the form of an interagency agreement. If such an agreement is impractical and the work will be done strictly on the consultant's own time, a regular Personal Service Contract will be established.
(5) A personal service contract shall establish the specific duties to be performed, the standards of performance to be met with the product, and a delivery schedule for completion. The letter of agreement shall indicate the consideration for services to be performed and the nature and amount of reimbursement for expenses, if any.
(6) Contracts of $1,000 or less may be initiated by the Executive Director and submitted to Department of Administrative Services (DAS) contract administrator following execution of the contract. Contracts in excess of $1,000, but less than $25,000, shall be approved by DAS prior to execution of the contract. Contracts of $25,000 or more shall be submitted to the Attorney General's office for review of legal sufficiency and shall be approved by DAS prior to execution. Contracts for computer services and programming shall be submitted to DAS for review. Copies of all contracts shall be filed with DAS contract officer and with TSPC's accountant in DAS.
(7) A contract file will be maintained by the Commission. The file will contain a complete record of the actions involved in developing and administering the contract including the following:
(a) Statement of agency justification for the contract;
(b) Written justification in lieu of competitive procurements when negotiation is used for personal service contracts in excess of $2,500 per agreement per fiscal year;
(c) Methodology/rationale by which rates are established for contracts in excess of $2,500 per agreement per fiscal year may include the following:
(A) A copy of the request for approval;
(B) List of prospective contractors who were requested to submit proposals;
(C) Method used to advertise/notify other possible prospective contractors;
(D) A copy of each proposal;
(E) Method of evaluating proposals;
(F) Record of negotiations and results;
(G) How the contractor was selected including the basis for awarding contract;
(H) Resulting contract, if awarded.
(d) All contracts of $2,500 per agreement or less should include:
(A) The names of firms or individuals and cost estimates/quotes considered;
(B) The basis for selection of the contractor;
(C) How reasonableness of price was determined.
(8) In accordance with ORS 670.600, the Commission shall certify that the contracted work meets the following standards:
(a) The individual or business entity providing the labor or services is free from direction and control over the means and manner of providing the labor or services, subject only to the right of the person for whom the labor or services are provided to specify the desired results;
(b) The individual business entity providing labor or services is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local government ordinances for the individual or business entity to conduct the business;
(c) The individual or business entity providing labor or services furnishes the tools or equipment necessary for performance of the contracted labor or services;
(d) The individual or business entity providing labor or services has the authority to hire and fire employees to perform the labor or services;
(e) Payment for the labor or services is made upon completion of the performance of specific portions of the project or is made on the basis of an annual or periodic retainer.
(9) In accordance with ORS 670.600, the independent contractor shall certify he or she meets the following standards:
(a) The individual of business entity providing labor or services is registered under ORS chapter 701, if the individual or business entity provides labor or services for which such registration is required;
(b) Federal and state income tax returns in the name of the business or a business Schedule C or farm Schedule F as part of the personal income tax return were filed for the previous year if the individual business or business entity performed labor or services as an independent contractor in the previous year; and
(c) The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when an individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, an individual or business entity is considered to be engaged in an independently established business when four or more of the following circumstances exist:
(A) The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;
(B) Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the individual or business entity has a trade association membership;
(C) Telephone listing and service are used for the business that is separate from the personal residence listing and service used by an individual who performs the labor or services;
(D) Labor or services are performed only pursuant to written contracts;
(E) Labor or services are performed for two or more different persons within a period of one year; or
(F) The individual or business entity assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.
Stat. Auth: ORS Ch. 342
Stats. Implemented: ORS 342.120, 342.135, 342.140, 342.147 & 342.165
Hist.: TS 7-1992, f. 12-17-92, cert. ef. 1-15-93; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • firstname.lastname@example.org
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