Or. Admin. Code § 586-030-0070

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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;

(b) Whether the facts that are true and substantiated are both:

(A) Relevant to; and

(B) Adequate to justify the statutory grounds.

(c) In making these determinations that panel shall consider any written rules, policies or standards of performance adopted by the district, including, where applicable, whether the rules, policies or standards have been so inconsistently applied as to amount to arbitrariness.

(2) The panel shall not reverse the district's decision where the facts are true and substantiated unless it finds from the evidence, and states with specificity in the order, that the action was:

(a) Unreasonable;

(b) Arbitrary; or

(c) Clearly an excessive remedy.

(3) If the panel finds the facts are not true and substantiated, or even if true and substantiated, are not relevant or adequate to justify the statutory grounds cited by the district, the appellant shall be reinstated with any back pay that is awarded in the order.

(4) Final orders shall be in writing and include the following:

(a) As necessary any rulings on motions or objections raised in the course of the proceeding;

(b) Findings of fact;

(c) Conclusion of law; and

(d) Order.

(5) The Final Order shall be rendered no later than 140 days after filing of the appeal unless additional time has been deemed necessary consistent with due process. A copy of the written decision will be served personally or by certified mail, return receipt requested, to the parties or their legal representatives and the original submitted to the Executive Secretary.

Or. Admin. Code § 586-030-0070

FDA 1-1987, f. & ef. 11-16-87; FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98; FDAB 1-1998, f. & cert. ef. 6-4-98; FDAB 1-2001(Temp), f. & cert. ef. 7-13-01 thru 1-2-02; FDAB 2-2001, f. & cert. ef. 12-31-01

Stat. Auth.: ORS 183 & ORS 342

Stats. Implemented: ORS 864, OL 2001