Oregon Administrative Code

586-010-0015 Officers The officers of the Board shall be chairperson and vice-chairperson: (1) The vice-chairperson succeeds to the chairperson. (2) The vice-chairperson position shall rotate each year in the order of teacher, board member, non-affiliated member, and administrato…

586-010-0020 Board Chairperson The Board chairperson shall be eligible to vote on all motions. Statutory/Other Authority: ORS 183 & 342.805 - 342.934 History: FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef…

586-010-0025 Board Meetings The Board shall hold public meetings at such times and places as are specified by the chairperson, or at the request of five members of the Board. Seventy-two hour notice of the time and place of each meeting shall be given to each member and the gener…

586-010-0030 Annual Meetings The Board shall hold one regular meeting each year, in October. Statutory/Other Authority: ORS 183 & 342.805 - 342.934 History: FDAB 1-2023, amend filed 10/23/2023, effective 10/24/2023 FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1990, f. 8-29-90, cert. e…

586-010-0035 Record of Meetings The minutes of all meetings and proceedings of the Board shall be prepared and maintained by the executive secretary and shall be approved by the Board. Minutes of the Board shall be available for inspection by any person at the office of the execu…

586-010-0040 Official Records The official records of the Fair Dismissal Appeals Board shall be maintained in the office of the executive secretary. The executive secretary shall be the custodian of records. Statutory/Other Authority: ORS 183 History: FDA 1-1985, f. 3-25-85, ef. …

586-010-0045 Executive Secretary The Superintendent of Public Instruction shall appoint an executive secretary from the staff of the State Department of Education who will serve as administrative officer. The executive secretary shall serve at the pleasure of the Board. Statutory…

586-010-0050 Adoption and Amendment of Rules Board rules shall be adopted and amended in conformance with provisions of ORS Chapter 183. Statutory/Other Authority: ORS 183 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74…

586-010-0055 Parliamentary Procedure Roberts Rules of Order shall be the parliamentary procedure for the conduct of all meetings of the Board except as amended by these policies. Statutory/Other Authority: ORS 342 History: FDA 6-1980, f. 10-31-80, ef. 11-3-80 FDA 4, f. 3-11-74, e…

586-010-0060 Compensation and Expenses of Board Members shall be entitled to compensation and travel expenses as provided in ORS 292.495 in the performance of their duties pursuant to the Fair Dismissal Law. Such expenses shall be paid upon submission of signed vouchers furnished…

586-010-0065 Expenses for Professional and Other Special Assistance The Board shall be furnished by the State Department of Education at the Department’s expense appropriate professional and other special assistance reasonably required in the performance of the Board’s duties. St…

586-010-0070 Fair Dismissal Appeals Board Case Digest, Completion, and Distribution (1) The Board’s case record for every case filed under the Fair Dismissal Law and Accountability to Schools for the 21st Century Law, shall include the notice of appeal, every order and ruling iss…

586-030-0015 Notice of Appeal, Scheduling Hearings and Legal Representation for Panels (1) When an appeal is filed a notice shall be sent by the Executive Secretary by certified mail and, if practicable, electronically to the parties or their legal representative. The notice shal…

586-030-0025 Preliminary Matters (1) Preliminary motions challenging the Board’s jurisdiction or requesting dismissal of the appeal without a hearing shall be filed with the Executive Secretary at the earliest possible time. A briefing schedule shall be established. The panel may…

586-030-0032 Request to Participate as Party or in Limited Party Status (1) Persons requesting to participate in a party or limited party status shall file a petition, with sufficient copies for service on the parties, with the Executive Secretary of the FDAB at least ten (10) da…

586-030-0037 Duty of Cooperation, Subpoenas, Discovery and Pre-Hearing Conference (1) The timelines required by statute impose upon all parties in these proceedings the affirmative obligation to cooperate to the fullest extent possible in advance of and during the hearing. If nec…

586-030-0040 Testimony of Witness Not Present at Hearing (1) With the consent of all parties, testimony of witnesses may be by telephonic or other electronic means of voice transmission. (2) Absent consent, a written request can be made to the Executive Secretary for permission t…

586-030-0044 Rights of Parties in Fair Dismissal Appeal Hearings (1) The information required prior to commencement of a contested case hearing by ORS 183.413(2) shall include: (a) If a party is not represented by an attorney, a general description of the hearing procedure includ…

586-030-0050 Exhibits (1) At the start of the hearing each party shall provide the panel the original and four copies of exhibits for their respective case-in-chief (a total of 5 sets) with an exhibit list. Witnesses shall use the original exhibits. (2) Appellant shall designate …

586-030-0051 Witnesses (1) In addition to the District’s requirements under ORS 342.905(4), the parties shall exchange witness lists ten (10) calendar days prior to the commencement of the hearing. (2) All testimony to be considered at a hearing, except matters officially notices…

586-030-0055 Evidentiary Standard, Objections, Standard of Proof, Burdens and Privileges (1) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. (2) Evidence must be objected to at the time it is offer…

586-030-0060 Hearing Procedures (1) The panel assigned to hear the matter shall appoint one member as chair to conduct the hearing, swear in the witnesses and rule on objections and offers. All witnesses shall be heard only upon oath or affirmation to tell the truth. (2) The hear…

586-030-0070 Final Orders, Notification and Timing (1) The panel shall make all determinations required by the statute in the Final Order, including: (a) Whether the facts relied upon to support the statutory grounds cited for dismissal or non-extension are true and substantiated…

586-030-0075 Reconsideration or Rehearing (1) A party may file a petition for reconsideration or rehearing on a final order with the Executive Secretary for the board within 21 days after the order is served. (2) The petition shall set forth specific ground(s) for the request and…

586-030-0076 Appeals (1) Any party may appeal the final order of the panel by filing a petition in the Court of Appeals in accordance with the statutory timelines following the date the final order is served or within the statutory timeline after denial of a petition for rehearin…

586-030-0080 Ex Parte Communications to the Panel (1) The panel shall give notice to all parties of ex parte communications. The notice shall include the substance of the communication, if oral, and if in writing, a copy, and whether the panel will consider the ex parte communica…

586-030-0085 Board Members, Representatives or Legal Counsel as Witnesses (1) No Board Member, representative of the Board or legal counsel to the Board shall be called or appear as a witness at a hearing on behalf of any party without the prior consent of the panel. (2) A reques…

589-001-0000 Notice of Proposed Rule (1) Before permanently adopting, amending, or repealing any permanent rule, the Higher Education Coordinating Commission shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State's Bulletin referred to in …

589-001-0100 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Higher Education Coordinating Commission adopts the Attorney General's Model and Uniform Rules of Procedure as codified in the Attorney General’s Administrative Law Manual and Uniform and Model R…

589-001-0200 Establishing Fees for Public Records The Higher Education Coordinating Commission, through the Office of Community Colleges and Workforce Development, may charge a fee based upon actual cost of supplying, reproducing, handling, shipping or otherwise processing public…

589-001-0300 Definitions for OAR Chapter 589, Divisions 1 through 20 For the purposes of OAR chapter 589, divisions 001 through 020, the following definitions apply: (1) “Executive Director” means the Executive Director appointed under ORS 351.735 by the Commission. (2) "Director…

589-002-0100 State Funding Support for Community Colleges Purpose Statement: (1) It is in the state's interest to support a strong community college system that meets local, regional and state economic and workforce development needs. Oregon's Community College Distribution Model…

589-002-0110 Definitions The following definitions apply to OAR 589-002-0100 through 589-002-0130. (1) “Adult” is any student who is 25 years or older as of July 1 in a given academic year. (2) “Annual Growth Factor (AGF)” is one-half of the Biennial Growth Management Component. …

589-002-0120 Community College Funding Distribution (1) Funding for the Community College Distribution Model shall be distributed, subject to funding availability, in eight payments as follows: (a) For the first year of the biennium, July 15, August 15, October 15, January 15, an…

589-002-0130 Commission Strategic Fund The Commission may establish a strategic fund. (1) There are two basic categories for these funds: incentivized statewide initiatives and activities, and requests from individual districts for assistance in meeting new requirements and expec…

589-002-0200 State Reimbursement and Student Residency For the purposes of OAR 589-002-0100, Distribution of Community College Support Fund: (1) "Permanent Residence" is defined as a person's home, to which one intends to return after any absence and in which one's dependents res…

589-002-0300 Advanced Payment to Newly Created Community College District or Service District A newly created community college district, or community college service district, shall be assigned by the Commission a base allocation level for its initial year of operation, based on…

589-002-0500 Contracts with Agencies, Organizations, and Industries for Which State Reimbursement is Requested (1) For the purposes of this rule, the following definitions apply: (a) "Contract" is defined as an agreement between a community college and an agency, organization, in…

589-002-0600 Access by Unserved Areas to Community College Services; and Procedures for Contracted Out-of-District Areas (1) For the purposes of this rule: (a) "Nondistrict area" is defined as any geographic area of the state not within a community college district or community c…

589-002-0700 Community College Services for Adults in Custody of State Penitentiary and Correctional Institutions (1) Community colleges may contract directly with the Department of Corrections (DOC) to provide Adult Basic Education (ABE) or Work Based Education (WBE) services at…

589-002-0800 Audit Procedures, Adjustments and Appeals (1) Notwithstanding the required financial audit required under the Single Audit Act of 1984, P.L. 98-502, the Office and the Commission have a statutory duty to manage public funds in a prudent manner. This duty includes the…

589-002-0900 Reporting Requirements (1) Colleges are required to submit, on or before January 30 of each year, reports of the revenues and expenditures, classified according to the format supplied by the Office. (2) Colleges are required to submit enrollment reports for fourth we…

589-003-0100 Community College Capital Construction and Acquisition (1) For the purposes of this rule, the following definitions apply: (a) "Capital construction and acquisition" is defined as new construction, the purchase of existing buildings, remodeling, maintenance, equipmen…

589-004-0100 Definitions As used in OAR 589-004-0100 through 589-004-0750, the following definitions apply: (1) "Directory Information" means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if dis…

589-004-0150 Applicability of Student Record Rules OAR 589-004-0150 through 589-004-0750 apply to records of students enrolled in Oregon community colleges, including students who have not reached 18 years of age. Statutory/Other Authority: ORS 326.015, 341.105 & 341.290(17) Stat…

589-004-0200 Student Record Policies to be Adopted by a Community College Board of Education (1) Each community college shall adopt a policy regarding how the college meets the requirements of OAR 589-004-0150 through 589-004-0750. The policy shall include: (a) How the agency or …

589-004-0250 Rights of Inspection, Review, and Amendment (1) Except as limited under section (7) of this rule, each college shall permit a student to inspect and review the education records of that student. (2) The college shall comply with a request for access to records within…

589-004-0300 Fees for Copies of Education Records (1) Educational records are public records under ORS 192.410 through 192.505 for purposes of charging fees. (2) Unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the stud…

589-004-0350 Right to a Hearing to Challenge Content and Conduct of a Hearing (1) A college shall give a student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education re…

589-004-0400 Student Release of Social Security Numbers (1) Community colleges are required to request that students release their social security numbers for the purposes of record-keeping and research. The request made to the student shall notify the student that: (a) Release o…