Oregon Administrative Code

115-050-0020 Answers to Petitions Submissions under OAR 115-050-0001 and OAR 115-050-0010 must comply with all other relevant rules regarding filings with the Board. Statutory/Other Authority: ORS 240.086(3) & ORS 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 7-2016…

115-050-0030 Hearings on Petitions (1) If a submission under OAR 115-050-0001 or OAR 115-050-0010 raises an issue of fact or law that warrants a hearing, the Board or Board Agent shall conduct a hearing in accordance with OAR 115-045-0025 and OAR 115-045-0030 (where applicable). …

115-060-0000 Representation Petitions (1) Who may file: (a) A petition for certification of a private employee representative may be filed by an employee, group of employees, or any individual or labor organization acting in their behalf, alleging that a substantial number of emp…

115-060-0005 Petitions for Clarification or Amendment of Bargaining Unit (1) Petitions for clarification or amendment of certification may be filed by the recognized or certified representative or by the private employer when no question of representation exists. The petition mus…

115-060-0010 Contents of Petition (1) Certification of Private Employee Representative Filed by an Employee/Group of Employees/Individual/Labor Organization. A petition for certification of private employee representative filed by an employee/group of employees/individual/labor o…

115-060-0015 Timeliness of Petitions (1) Election Bar. No election may be held for a bargaining unit or a subdivision of one in which a valid election has been held during the preceding 12-month period. (2) Contract Bar. No representation election shall be conducted during the te…

115-060-0020 Validity of Showing of Interest The showing of interest submitted pursuant to OAR 115-060-0010(1) and (3) shall not be furnished to any of the parties. The Board or its agents shall determine the adequacy of the showing of interest and such decision shall not be subj…

115-060-0025 Withdrawal or Dismissal of Petition (1) Withdrawal of Petition. A petitioner may withdraw its petition with the approval of the Board or its agent. If a petition is withdrawn after the Recommended Order is issued, the withdrawal will be granted with prejudice and the…

115-060-0028 Posting Notice of Petition Upon receipt of a petition under OAR 115-060-0000, a Board Agent will cause a notice of the petition to be posted in the work areas granting maximum access to the employees in the existing or proposed unit. Copies of the notice shall be ser…

115-060-0030 Intervention (1) An employee, a group of employees or an individual or labor organization acting in their behalf may intervene as a candidate for representation of the bargaining unit if it files a motion to intervene and supports its motion with a showing of interes…

115-060-0035 Consent Election Agreement The parties may waive a hearing and enter into a consent election agreement. Such agreement shall include a description of the bargaining unit, time and place of the election and the payroll period to be used in determining the employees el…

115-060-0040 Hearing on Petitions; Notice; Conduct and Evidence When a valid petition has been filed and the parties, including timely objectors or intervenors, after a reasonable time, are unable to settle the issues raised by the petition in a manner approved by a Board agent, …

115-060-0045 Appropriate Bargaining Unit(s) (1) A bargaining unit may consist of all employees of the employer, craft unit, plant unit, or subdivision thereof, if found to be appropriate by the Board. See ORS 663.020(1)(a), (b) and (c) for statutory exceptions. (2) In considering…

115-060-0050 Notice of Election; Improper Use of Notices (1) Notices of election shall be furnished by a Board agent to the private employer for suitable posting. Such notices shall set forth the details and procedures for the election, the appropriate unit, the employee eligibil…

115-060-0055 Election Procedures (1) Eligibility to Vote. Private employees eligible to vote in an election will be those employed on the date of the election and who were employed on a payroll date agreed upon by the parties or on a date specified by the Board. The Board may, at…

115-065-0000 Deauthorization (1) Petition: (a) A petition to rescind the provision in the bargaining agreement between a private employer and a labor organization requiring as a condition of employment membership in such labor organization may be filed by an employee or group of …

115-070-0000 Filing an Unfair Labor Practice Charge (1) Who May File. An injured party may file a charge alleging that a person(s) has engaged in or is engaging in an unfair labor practice. Such charge shall be filed in triplicate with the Board on forms provided by the Board. (2…

115-070-0005 Investigation of Charge A Board agent shall investigate the charge to determine if an issue of fact or law exists which warrants issuance of a complaint. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.180 History: ERB 1-1980, f. & ef. 1-9-80…

115-070-0010 Action When Complaint Not Issued If investigation reveals that no issue of fact or law exists which warrants issuance of a complaint, the Board may decline to issue a complaint. Such declination shall be in writing explaining the grounds thereof. Statutory/Other Auth…

115-070-0015 Petition for Reconsideration The charging party shall have 14 days from the date of service to file objections to the declination to issue a complaint and request reconsideration by the Board. This request shall contain a complete statement setting forth the facts an…

115-070-0020 Issuance of Complaint and Notice of Hearing If it appears to the Board that proceedings on the charge should be instituted, it shall issue a cause to be served on all affected parties a formal complaint in the name of the Board and a notice of hearing before a Board …

115-070-0025 Withdrawal of Complaint Any complaint issued by the Board may be withdrawn by it prior to the hearing. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.185 History: ERB 1-1980, f. & ef. 1-9-80

115-070-0030 Amendment of Complaint A complaint may be amended by the Board at its discretion at any time before the issuance of an order based thereon. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.185 History: ERB 1-1980, f. & ef. 1-9-80

115-070-0035 Answer to the Complaint (1) Answer. The respondent shall have 14 days from date of service of the complaint in which to file an answer. All allegations in the complaint not denied by the answer, unless the respondent shall state in the answer that he/she is without k…

115-070-0040 Hearings Notice of Hearings: (1) Time and Place of Hearings. The time and place of hearing will be contained in the complaint and notice of hearing. (2) Postponements. Any party who desires a postponement shall promptly, upon receipt of notice of the hearing, make wr…

115-070-0045 Conduct of Hearings (1) General Procedure: (a) The Board Agent will open the hearing with a brief introduction of parties and issues; (b) Parties may make opening statements; (c) Parties may present evidence in support of their respective positions. Cross-examination…

115-070-0050 Motions; Intervention (1) Motions. All motions, including motions for intervention, shall be typewritten or, if made at the hearing, may be stated orally on the record and shall briefly state the order or relief sought and the grounds for such motion. Written motions…

115-070-0055 Post-Hearing Procedures (1) Recommended Order. The Board agent shall prepare and serve on the parties a Recommended Order consisting of Rulings on Motions and Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended Order. (2) Objections to Recomme…

122-001-0000 Notice of Proposed Adoption, Amendment, or Repeal of Rules Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5), the Department of Administrative Services, Budget and Management …

122-001-0005 Model Rules of Procedure The Department of Administration Services and the Chief Financial Office adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, as amended and effective January 1, 2024. [ED. NOTE: The full text of the…

122-040-0040 Definitions (1) For purposes of this rule, unless the context requires otherwise: (a) "State agency" has the meaning given that term in ORS 291.002; (b) "Director" means the Director of the Department of Administrative Services; and, (c) "Program" means an activity o…

122-040-0050 Report Filing (1) No later than fourteen days after the conclusion of each calendar quarter, a state agency shall report on and describe to the director any substantive program changes made during that calendar quarter. (2) No later than thirty-five days after the co…

122-040-0060 Failure to Report Substantive Program Changes (1) A state agency that fails to report a substantive program change in a timely manner as required under subsection (1) of 122-040-0020 above shall immediately report to the director. (2) The report to the director shall…

122-050-0000 Purpose The Oregon Agricultural Commodity Commissions (OACC) occasionally require the services of an outside party to accomplish all or part of a project. The purpose of these rules is to specify the screening and selection procedures which will be used for personal …

122-050-0010 Basic Policy (1) The OACC may contract for services when the specialized skills, knowledge, or resources are not available within the Commission; when the work cannot be done in a reasonable time with the Commission’s own work force; when it will be less expensive to…

122-050-0020 Definitions (1) “Competitive Negotiation” (formal process) is a procurement method whereby proposals are requested from a number of sources and the Request for Proposal is publicized. (2) “Non-Competitive Negotiation” (sole source) is procurement through solicitation…

122-050-0030 Procurement Method (1) Small purchase procedures may be used for the procurement of services costing not more than $10,000. Price or rate quotations shall be obtained from at least three qualified sources. (2) Competitive negotiation shall be used for personal servic…

122-050-0040 Maintenance of RFP Mailing List The Commission Office shall maintain a Request for Proposals (RFP) Mailing List consisting of persons, businesses, organizations and other entities which have indicated the desire to be notified of contracting opportunities that are av…

122-050-0050 Competitive Negotiation Procedures (1) A Request for Proposals (RFP) shall be prepared for contracts for which competitive negotiation procedures will be used. The RFP shall include, at a minimum, the following information: (a) Date and hour by which proposals must b…

122-060-0000 Process for Reducing Allotments OAR 122-060-0010 describes the procedure for reducing allotments according to amounts unscheduled under this rule, as it effects reductions in allotments. To reflect savings accomplished by management planning and actions through Decem…

122-060-0010 Approval Process The allotment reductions shall be determined and approved as follows: (1) The Executive Director, Budget and Management Division shall submit a listing of the proposed allotment reductions to the Governor by December 28, 1992 for review and approval.…

122-070-0100 Authority Only the Director of the Department of Administrative Services is authorized by ORS 283.085 to 283.092 to enter into Financing Agreements to acquire real property or personal property for State Agencies. ORS 184.340 authorizes the Department of Administrati…

122-070-0110 Definitions Unless the context indicates otherwise, capitalized terms used in this Chapter 122, Division 70 of the Oregon Administrative Rules shall have the following meanings: (1) Benefiting Agency refers to a State Agency or a Division of Department of Administrat…

122-070-0120 Budget Requests for Financing Agreements (1) Any Benefiting Agency intending to acquire real property or personal property, including software, using a Financing Agreement that exceeds $100,000 and that will create a payment obligation that covers multiple biennia mu…

122-070-0130 Approval and Execution of Financing Agreements (1) The acquisition of any capital asset by a State Agency that is paid through a Financing Agreement must be done in accordance with the procedures established in ORS 283.087 to 283.092 if the principal portion of the a…

122-070-0140 Records Creation and Maintenance, and Ongoing Use of Financed Assets (1) In conjunction with the execution of a Financing Agreement, the Benefiting Agency must enter into a written agreement with the Director outlining the Benefiting Agency’s responsibilities related…

122-070-0150 Management of Proceeds (1) All proceeds from Financing Agreements must be separately accounted for and held in separately designated accounts in the Oregon State Treasury or with an independent trustee. The Benefiting Agency and the Department shall exchange informat…

122-070-0160 Charges for Administering Financing Agreements (1) Administrative Costs: (a) All costs incurred by the Department and the State Treasurer to administer outstanding Financing Agreements will be charged to the appropriate Benefiting Agency. (b) Actual charges for fisca…

122-075-0100 Authority The Department of Administrative Services is authorized to administer certain state borrowing programs for the benefit of State Agencies including but not limited to the programs described below: (1) Lottery bond financings authorized by ORS 286A.560 to 286…

122-075-0110 Definitions Unless the context indicates otherwise, capitalized terms used in this Chapter 122, Division 75 of the Oregon Administrative Rules shall have the following meanings: (1) Benefiting Agency refers to a State Agency or Division of the Department of Administr…