Or. Admin. Code § 459-001-0032

Current through Register Vol. 63, No. 10, October 1, 2024

Section 459-001-0032 - Review of Staff Actions and Determinations Regarding Public Employers

(1) For purposes of this rule, "Director" means the executive director of PERS, or an administrator appointed by the executive director.

(2) Request for review. Any public employer may file with the Director a request for review of a staff action or determination, except as provided in ORS 238.450 or in Board rules on disability retirement. The request must be filed within 60 days following the date the staff action or determination is sent to the public employer requesting review.

(3) Informal conferences. Informal conferences are available as an alternative means that may achieve resolution of any matter under review. A request for an informal conference does not change the time limit to file a request for review.

(4) Criteria for request. A request for review of a staff action or determination must be in writing and set forth:

(a) A description of the staff action or determination for which review is requested;

(b) A short statement of the manner in which the action is alleged to be in error;

(c) A statement of facts that are the basis of the request;

(d) Reference to applicable statutes, rules or court decisions relied upon;

(e) A statement of the relief requested; and

(f) A request for review.

(5) Denial of request. The Director may deny any request for review within 45 days of receipt of the request:

(a) If the request does not contain the information required under section (4) of this rule; or

(b) When, in the Director's view, there is no bona fide dispute of material fact, the pertinent statutes and rules are clear in their application to the facts, and there is no material administrative error.

(6) If a request is denied by the Director because it does not contain the information required under section (4) of this rule, a requester will have one opportunity to correct that deficiency and resubmit a request for review within 45 days of the date of denial.

(7) Approval of request. If the request for review is granted, the Director must issue a written determination within 45 days of receipt of the request after:

(a) Considering the request;

(b) Directing staff to reconsider; or

(c) Directing staff to schedule an informal conference.

(8) Extension of deadline. Any 45-day deadline within this rule may be extended upon request in writing for an additional 45 days.

(9) Resolution process for state agency employers. If a request is denied or the Director's determination is not the relief sought by the employer, and the employer is a state agency subject to the dispute resolution provisions of OAM policy 35.70.30.PO, the Interagency Dispute Resolution Process, then the dispute must be resolved in accordance with that policy.

(10) Resolution process for non-state agency employers. If a request is denied or the Director's determination is not the relief sought by the employer, and the employer is not a state agency subject to the dispute resolution provisions of OAM policy 35.70.30.PO, then the employer can request the issue to be addressed by arbitration, mediation, or a contested case.

(a) If the employer requests arbitration, PERS and the employer will as closely as possible parallel the process outlined in OAM policy 35.70.30.PO for state agency employers.

(b) If the employer requests a contested case, the process will be conducted pursuant to the Attorney General's Model Rules of Procedure.

Or. Admin. Code § 459-001-0032

PERS 3-2008, f. & cert. ef. 4-2-08

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 183.413 - 183.470