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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON UNIVERSITY SYSTEM, OREGON STATE UNIVERSITY

 

DIVISION 2

CONTESTED CASES

576-002-0000

Definitions

As used pursuant to ORS 183.310(2):

(1) A "contested case" exists whenever:

(a) A University rule provides for a contested case hearing; or

(b) The University elects to grant a hearing in accordance with contested case requirements.

(2) "Committee" means a group of students, a group of faculty members, or a group consisting of both students and faculty members selected to conduct a contested case hearing.

(3) "Hearing officer" means an individual designated as hearing officer or a committee as defined in section (2) of this rule. When a committee is to conduct a hearing, the presiding officer shall have the power to conduct and rule on all preliminary matters, to administer oaths and affirmations, and to rule on evidentiary matters.

Stat. Auth.: ORS 183.341, ORS 351.070, ORS 351.088, & ORS 352.004
Stats. Implemented: ORS 183.341 & ORS 351.088
Hist.: OSU 1-1980, f. & ef. 10-31-80; OSU 2-1996, f. & cert. ef. 6-21-96; OSU 3-1998, f. & cert. ef. 6-24-98; OSU 6-2001, f. & cert. ef. 6-18-01

576-002-0015

Procedure for Informal Hearing

Any person entitled to a contested case may elect to have an informal hearing in lieu of a formal contested case procedure. To obtain an informal hearing, an aggrieved person shall briefly state the objection to the action taken or proposed by the University in writing, and shall request referral to a person in a supervisory position with sufficient authority and access to knowledge of the circumstances to act on behalf of the University to resolve the grievance. The appropriate supervisory official shall promptly arrange for the person to meet with the supervisory official to discuss the case at a time and place suitable to both. The written request may be informal and shall specifically waive a contested case hearing and elect the informal procedure prescribed by this rule.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: OSU 1-1980, f. & ef. 10-31-80; OSU 2-1996, f. & cert. ef. 6-21-96

576-002-0017

Notice of Rights and Procedure in Contested Case Hearing

Contested case hearings shall be noticed and conducted in accordance with the rules in this division and ORS 183.413 to 183.470.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: OSU 2-1996, f. & cert. ef. 6-21-96

576-002-0030

Order When Grievant Fails to Appear

(1) When the grievant fails to appear after proper notice at the specified time and place, or at the time to which the hearing may have been continued by mutual consent or by order of the hearing officer, the University shall issue an order based on the information available to it.

(2) The order supporting the action of the University shall set forth the material on which the action is based or the material shall be attached to and made a part of the order.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: OSU 1-1980, f. & ef. 10-31-80; OSU 2-1996, f. & cert. ef. 6-21-96

576-002-0035

Subpoena, Deposition

The University's hearing officer shall issue subpoenas in hearings on contested cases as provided in ORS 183.440. Service of subpoena shall be the responsibility of the applicant.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: OSU 1-1980, f. & ef. 10-31-80; OSU 2-1996, f. & cert. ef. 6-21-96

576-002-0060

Exclusion Appeals

Individuals excluded from campus pursuant to an exclusion notice issued by the Department of Public Safety may appeal the exclusion to the Director of Public Safety in writing. The Director of Public Safety must receive the appeal within 5 days of the date the exclusion notice was received. The Director shall review the notice, consider the basis of the appeal set out by the excluded individual, and shall issue a decision within 7 days of the receipt of the appeal. The decision shall be sent certified mail to the individual who filed the appeal. The decision of the Director is final.

Stat. Auth.: ORS 351.070 & 351.088
Stats. Implemented: ORS 351.070 & 351.088
Hist.: OSU 9-2001(Temp) f. & cert. ef. 10-5-01 thru 4-2-02; OSU 1-2002, f. & cert. ef. 2-25-02

576-002-0070

Non Contested Case Adjudicative Proceedings

In any proceeding in which a hearing is required other than a contested case described in 576-002-0000, the University shall conduct the hearing using adjudicative procedures consistent with federal and state constitutional requirements and other applicable provisions of law.

Stat. Auth.: ORS 351.070 & ORS 351.088
Stats. Implemented: ORS 351.070 & ORS 351.088
Hist.: OSU 1-2002, f.& cert. ef. 2-25-02

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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