Or. Admin. R. 581-002-0009

Current through Register Vol. 63, No. 6, June 1, 2024

Section 581-002-0009 - Investigation

(1)

(a) Within 30 days of the date on which the department gave notice under OAR 581-002-0007 that it is accepting an appeal, a district must submit to the department a written response and all correspondence, documents, and other information that the department requested in the notice. The written response must include:

(A) A statement of facts;

(B) A description of any district action taken in response to the complaint; or if district action was not taken in response to the complaint, an explanation of the reason or reasons that district action was not taken;

(C) Any stipulation reached concerning settlement of the complaint; and

(D) A list of complaints filed with another agency by the complainant concerning the subject of the appeal, to the extent that the district is aware of such complaints.

(b) Upon request, the Director of the Oregon Department of Education may for good cause extend the time by which a district must make a submission under paragraph (a) of this subsection.

(2) After receiving the written response under subsection (1) of this rule, the department will conduct an investigation to determine whether the district violated a law or rule described in OAR 581-002-0003.

(3)

(a) Within 90 days of the date on which the department receives the district's written response under subsection (1) of this rule:

(A) If the department determines that a violation of a law or rule described in OAR 581-002-0003(1), (2), (3), (4) or (5) occurred, the department must issue a preliminary order to the complainant and the district. The preliminary order must include:

(i) A reference to the district decision that is on appeal;

(ii) The procedural history of the appeal;

(iii) The department's preliminary findings of fact; and

(iv) The department's preliminary conclusions.

(B) If the department determines that a violation of a rule described in OAR 581-002-0003(6) occurred, the department must issue a final order in accordance with OAR 581-002-0017.

(C) If the department determines that a violation of a law or rule described in OAR 581-002-0003 did not occur, the department may:

(i) Issue notice that the department is closing the case; or

(ii) Issue a final order in accordance with OAR 581-002-0017.

(b) The Director of the Oregon Department of Education may for good cause extend the time by which the department must issue a preliminary order under paragraph (a) of this subsection.

Or. Admin. R. 581-002-0009

ODE 11-2019, adopt filed 03/25/2019, effective 3/25/2019; ODE 13-2023, amend filed 04/26/2023, effective 4/26/2023

Statutory/Other Authority: ORS 326.051, ORS 339.303 & ORS 659.850 to 659.855

Statutes/Other Implemented: ORS 339.303 & ORS 339.285 to 339.303