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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DIVISION 19

RULES FOR INVESTIGATIONS/HEARINGS

584-019-0002

Hearing Procedures

(1) Contested case hearings will be held in accordance with OAR 137-003-0501 through 137-003-0700.

(2) The Commission will, from time to time, adopt written Guidelines for the Management of Discipline Cases, which will govern internal procedures of the Commission for administering discipline cases and provide for coordination with the Hearing Officer Panel and its rules.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 - 342.190
Hist.: TSPC 1-2001, f. & cert. ef. 1-17-01; TSPC 7-2007, f. & cert. ef. 12-14-07

584-019-0003

Notice of Opportunity for Hearing

(1) The Commission delegates to the Executive Director the authority to draft the contents of the Notice of Hearing and Notice of Opportunity for Hearing when:

(a) The Executive Director denies the issuance, renewal or re-instatement of a license, school nurse certificate or a charter school registration under OAR 584-050-0006;

(b) When the Commission determines that there is sufficient cause to justify a hearing under ORS 342.176(5); or

(c) When the Executive Director has information that the educator has violated any term or condition of probation.

(2) The Commission delegates to the Executive Director the authority to amend the Notice of Hearing or Notice of Opportunity for Hearing.

(3) The Commission will review, approve or reject all Amended Notices of Hearing at the next Commission meeting following Executive Director's issuance of the Amended Notice. The educator who is the subject of an Amended Notice may file objections to the Amendment prior to the Commission meeting. The Commission's decision to review, approve or reject the Amended Notice will be in executive session under ORS 342.176.

(4) If the Commission rejects the Amended Notice of Hearing, the Executive Director will withdraw the Amended Notice, and the prior Notice of Hearing or Notice of Opportunity for Hearing will stand as the Commission's notice to the educator.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 - 342.190
Hist.: TSPC 9-2005, f. & cert. ef. 11-15-05; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 5-2009, f. & cert. ef. 10-5-09

584-019-0010

Discovery and Subpoenas

(1) Through the Executive Director, the Commission shall consider requests to take the testimony of a material witness by deposition for purposes of discovery or perpetuation of the witness's testimony when the witness is unavailable for hearing. A perpetuation deposition will be authorized only upon agreement of the educator and the Commission or upon a showing that the witness cannot testify at the hearing because of physical or mental illness or extreme hardship.

(2) The Executive Director may issue subpoenas in support of discovery as provided under OAR 137-003-0570 and 137-003-0572.

(3) The educator or the Commission may request that the other party produce for inspection or provide copies of any designated documents or any tangible things which are relevant to the proceeding and are not otherwise exempt from disclosure. The educator or the Commission may charge a fee to reimburse for the actual cost of producing or copying documents.

(4) The educator or the Commission may issue requests for admissions as provided under OAR 137-003-0570.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 - 342.190
Hist.: TS 7-1989, f. & cert. ef. 12-13-89; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 4-2001, f. & cert. ef. 9-21-01; TSPC 9-2005, f. & cert. ef. 11-15-05

584-019-0015

Evidence

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but erroneous rulings on evidence shall not preclude Commission action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form.

(2) All evidence shall be offered and made a part of the record in the case, except for matters stipulated to and except as provided in section (4) of this rule. No other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position rests on the opponent fact or position.

(3) The educator and the other party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence.

(4) The hearing officer or the Commission may take notice of judicially cognizable facts and general, technical, or scientific facts as provided under OAR 137-003-0615.

(5) The hearing officer shall have discretion to require the parties to submit prior to the hearing date documents which may be introduced as evidence, names and addresses of witnesses, and other information to facilitate the hearing. The hearing officer shall have discretion to require the parties to submit proposed findings of fact and conclusions of law.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 -- ORS 342.190
Hist.: TS 7-1989, f. & cert. ef. 12-13-89; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 4-2001, f. & cert. ef. 9-21-01

584-019-0025

Mutual Disclosure Prior to Contested Case Hearings

(1) Not less than ten days prior to the hearing date, the educator and the Commission staff will disclose to one another in writing the following information:

(a) The name, address and telephone number of each person that the disclosing party may call as a witness at the hearing; and

(b) A copy of all documents that the disclosing party may introduce as evidence at the hearing.

(2) For good cause shown, the Executive Director may modify the disclosure requirements under section (1) of this rule.

(3) The hearing officer at the hearing may refuse to accept testimony or evidence that has not been disclosed in compliance with this rule.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 - 342.190
Hist.: TS 6-1993, f. & cert. ef. 12-7-93; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 4-2001, f. & cert. ef. 9-21-01; TSPC 7-2007, f. & cert. ef. 12-14-07

584-019-0035

Settlement of Cases Prior to Hearing

(1) A "Settlement Agreement" is a written agreement in a disciplinary proceeding that includes:

(a) A stipulation to an order that is signed by the educator;

(b) A consent by the educator to a negotiated default order; or

(c) An agreement between the educator and the commission staff to resolution of a disciplinary matter without a contested hearing.

(2) The Executive Director will not accept a settlement agreement unless it is signed by the educator and the educator's attorney, if any.

(3) All matters not settled in accordance with subsection (2) of this rule will be determined through a contested case hearing in accordance with OAR 137-003-0501 through 137-003-0700 or will be determined through entry of a default order or voluntary surrender of the educator's license, school nurse certificate or charter school registration.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175, 342.176, 342.177, 342.180 & 342.190
Hist.: TS 6-1996, f. & cert. ef. 12-9-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 7-2007, f. & cert. ef. 12-14-07

584-019-0040

Commission Final Orders in Contested Cases

(1) In all contested cases, the Commission will notify the parties, the hearing officer and the Office of Administrative Hearings that the Commission itself will issue the Final Order and each Hearing Officer Proposed Order will include a statement to that effect.

(2) If the recommended action in the Proposed Order is adverse to the educator, the Proposed Order will contain a statement that the educator may file written exceptions to the Commission and may file a request for oral argument to the Commission. The statement will inform the educator that written exceptions or a request for oral argument must be filed with the Commission at the Commission's office within fourteen days of the date of the Proposed Order in order for the exceptions or the request for oral argument to be considered. The Commission need not allow oral argument on the Proposed Order. The Executive Director may permit oral argument in those cases in which the Director believes oral argument may be appropriate or helpful to the Commissioners in making a final determination.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 - 342.190
Hist.: TSPC 1-2001, f. & cert. ef. 1-17-01; TSPC 4-2001, f. & cert. ef. 9-21-01; TSPC 7-2007, f. & cert. ef. 12-14-07

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