Oregon Administrative Code

137-003-0665 Final Orders in Contested Cases (1) Final orders in contested cases shall be in writing. (2) Except as provided in section (5) of this rule, all final orders in contested cases shall include the following: (a) Each of the elements identified in OAR 137-003-0645(3)(a)…

137-003-0670 Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default (1) This rule applies when the agency issues a notice of proposed action that does not become final in the absence of a request for hearing. The agency or, …

137-003-0672 Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing (1) This rule applies when the agency has issued a contested case notice containing an order that was to become effective unless a party requested a hearing, has designated…

137-003-0675 Reconsideration and Rehearing — Contested Cases (1) Unless otherwise provided by statute, a party may file a petition for reconsideration or rehearing of a final order in a contested case with the agency within 60 calendar days after the order is served. A copy of th…

137-003-0690 Stay Request — Contested Case (1) Unless otherwise provided by law, any person who submits a hearing request after a final order by default has been issued or petitions for reconsideration, rehearing or judicial review may request the agency to stay the enforcement o…

137-003-0695 Intervention in Stay Proceeding (1) Any party identified under OAR 137-003-0690(3)(d) desiring to participate as a party in the stay proceeding may file a response to the request for stay. (2) The agency may, by rule or in writing, require the response to be filed wi…

137-003-0700 Stay Proceeding and Order (1) The agency may conduct such further proceedings pertaining to the stay request as it deems desirable, including taking further evidence on the matter. Agency staff may present additional evidence in response to the stay request. The agen…

137-004-0010 Unacceptable Conduct A presiding officer may expel a person from an agency proceeding if that person engages in conduct that disrupts the proceeding. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341(1) History: JD 2-1986, f. & ef. 1-27-86 JD…

137-004-0050 Qualified Interpreters (1) This rule applies to any hearing conducted by an agency in which the individual legal rights, duties or privileges of specific parties are determined if that determination is subject to judicial review by a circuit court or by the Court of …

137-004-0080 Reconsideration — Orders in Other than Contested Case (1) A person entitled to judicial review under ORS 183.484 of a final order in other than a contested case may file a petition for reconsideration of a final order in other than a contested case with the agency wi…

137-004-0090 Stay Request — Orders in Other than Contested Case (1) Unless otherwise provided by law, any person who petitions for reconsideration may request the agency to stay the enforce-ment of the agency order that is the subject of the petition. (2) The stay request shall c…

137-004-0091 Intervention in Stay Proceeding — Orders in Other than Contested Case (1) Any party identified under OAR 137-004-0090(2)(d) desiring to participate as a party in the stay proceeding may file a response to the request for stay. (2) The response shall contain: (a) The …

137-004-0092 Stay Proceeding and Order — Orders in Other than Contested Case (1) The agency may conduct such further proceedings pertaining to the stay request as it deems desirable, including taking further evidence on the matter. Agency staff may present additional evidence in …

137-004-0800 Public Records Personal Safety Exemption (1) An individual may request that a public body not disclose the information in a specified public record that indicates the home address, personal telephone number or personal electronic mail address of the individual. If th…

137-004-0900 Public Records Requests for Concealed Handgun License Records or Information (1) A public body, except the Judicial Department, may not disclose records or information that identifies a person as a current or former holder of, or applicant for, a concealed handgun li…

137-005-0010 Use of Collaborative Dispute Resolution Processes (1) Unless otherwise precluded by law, the agency may, in its discretion, use a collaborative dispute resolution process in contested cases, rulemaking proceedings, judicial proceedings, and any other decision-making …

137-005-0020 Assessment for Use of Collaborative DR Process (1) Before instituting a collaborative dispute resolution process, the agency may conduct an assessment to determine if a collaborative process is appropriate for the controversy and, if so, under what conditions. (2) A …

137-005-0022 Assessment for Use of Collaborative DR Process in Complex Public Policy Controversies (1) For the purposes of this rule, “complex public policy controversy” means a multi-party controversy that includes at least one governmental participant and that affects the broad…

137-005-0030 Agreement to Collaborate In preparation for, or in the course of, a collaborative DR process the agency and the other participants may enter into a written agreement to collaborate. This agreement may include: (1) A brief description of the dispute or the issues to b…

137-005-0040 Selection and Procurement of Dispute Resolution Providers (1) The agency may select the collaborative DR provider or may opt to select the provider by consensus of the participants. (2) A collaborative DR provider who has a financial interest in the subject matter of…

137-005-0050 Confidentiality of Collaborative Dispute Resolution Communications (1) For the purposes of this rule, (a) “Agreement to mediate” means a written agreement to mediate executed by the parties establishing the terms and conditions of the mediation, which may include pro…

137-005-0052 Mediation Confidentiality (1) The 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 complyin…

137-005-0054 Confidentiality of Workplace Mediations (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials. This rule does not apply to disputes…

137-005-0060 Mediation (1) Unless otherwise provided by law, mediation is a voluntary process from which the agency and other participants may withdraw at any time. (2) The mediator does not represent the interests of any of the participants or offer legal advice. Likewise, the m…

137-005-0070 Contract Clauses Specifying Dispute Resolution (1) The agency may specify or require any form of dispute resolution except binding arbitration as a condition of a contract. (2) The agency may specify binding arbitration by contract only if the Attorney General has ap…

137-007-0200 Statement of Purpose and Statutory Authority “Purpose” These rules control the Department’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether th…

137-007-0210 Definitions As used in OAR chapter 137, division 007, unless the context of the rule requires otherwise, the following definitions apply: (1) “Approved” means that, pursuant to a preliminary fitness determination under OAR 137-007-0240 or a final fitness determinatio…

137-007-0220 Subject Individual “Subject Individual” means a person from whom the Department may require fingerprints for the purpose of conducting a criminal records check because the person: (1)(a) Is applying for employment with the Department; or (b) Provides services or seek…

137-007-0230 Criminal Records Check Process (1) Disclosure of Information by Subject Individual: (a) Preliminary to a criminal records check, a subject individual, if requested, shall complete and sign the Department of Justice Criminal Records Request form and, if requested by t…

137-007-0240 Preliminary Fitness Determination (1) An authorized designee may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If an authoriz…

137-007-0250 Hiring or Appointing on a Preliminary Basis (1) The Department may hire or appoint a subject individual on a preliminary basis if an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 137-007-0240. (2…

137-007-0260 Final Fitness Determination (1) If the Department elects to conduct a criminal records check, an authorized designee shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 137-007-0230(1), the c…

137-007-0270 Crimes Relevant to a Fitness Determination (1) Crimes Relevant to a Fitness Determination: (a) All felonies; (b) All Class A misdemeanors; (c) ORS 167.315 (Animal Abuse II); 167.325 (Animal Neglect II); 418.630 (operating uncertified foster home); and 418.250(1) (rel…

137-007-0280 Incomplete Fitness Determination (1) The Department will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 137-007-0220; (b) The subject …

137-007-0300 Appealing a Fitness Determination (1) Model Rules of Procedure. In addition to the Model Rules of Procedure adopted by the Attorney General, the procedures set forth in this rule shall apply. (2) Process: (a) A subject individual may appeal a final fitness determinat…

137-007-0310 Recordkeeping and Confidentiality (1) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination due to incompleteness, in writing. (2) Records Received from the Department’s Criminal Justice Division…

137-007-0320 Authorized Designees (1) Appointment: (a) The Attorney General or the Attorney General’s designee shall designate the positions that include the responsibilities of an authorized designee; (b) Appointments shall be made by the Attorney General or the Attorney General…

137-007-0330 Fees The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal…

137-008-0000 Notice of Proposed Rule (1) Prior to the adoption, amendment, or repeal of any permanent rule, including the Model Rules, the Attorney General shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State's Bulletin referred to in OR…

137-008-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Attorney General adopts the Attorney General's Model Rules of Procedure under the Administrative Procedures Act as amended and effective January 1, 2008. Statutory/Other Authority: ORS 183.341(2) & 183.341(4) Stat…

137-008-0010 Fees for Public Records and Publications (1)(a) The Department of Justice may charge a fee reasonably calculated to reimburse the department for costs of providing and conveying copies of public records. The department shall charge 25¢ per page for the first 20 pages…

137-008-0015 Fees for Mailing, Faxing Records (1) The Department of Justice may charge requestors to recover actual postage costs for mailing of records. When mailing voluminous records or responding to special requests, the department shall charge, in accordance with OAR 137-008…

137-008-0020 Fees for Electronic Reproduction of Records (1) The Department of Justice shall charge $45 per hour, with a $15.00 minimum, for the staff time required to fill public record requests that require electronic reproduction. Charges include time spent locating, downloadi…

137-008-0100 Confidentiality and Inadmissibility of Mediation Communications (1) The 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 rul…

137-008-0120 Confidentiality and Inadmissibility of Workplace Interpersonal Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or employees and…

137-009-0125 Purpose The Department may contract for the services of special legal assistants or private counsel to provide legal services otherwise required by law to be performed by the Attorney General. These rules specify the screening and selection procedures the Department …

137-009-0130 Definitions For purposes of OAR chapter 137, division 009, these terms have the following meanings: (1) ”Advocate” means the Advocate for Minority, Women and Emerging Small Businesses as defined in OAR Chapter 125. (2) "Attorney General" means the Attorney General of…

137-009-0135 Policy The policy of the Department is to select Contractors in an expeditious and efficient manner that is consistent with the goal of delivering highly competent legal services at the Lowest Overall Cost to the State of Oregon. Statutory/Other Authority: ORS 180.14…

137-009-0140 Methods for Selecting Contractors (1) The Department will use one of the following methods to select a Contractor: (a) The Department may select a Contractor from a list of individuals or entities established for a Designated Practice Area as set forth in OAR 137-009…

137-009-0145 Procedure to Develop Lists of Individuals or Entities under Master Agreements (1) The Department may use a Solicitation to request proposals or information that describes general or specific legal services to be performed within a defined period of time. The purpose …