Or. Admin. R. 199-008-0035 - Criteria and Procedures for Exercise of Prosecutorial Discretion

(1) The purpose of this rule is to establish how the Commission decides whether to proceed with a preliminary review, investigation, or contested case hearing involving a potential violation of ORS Chapter 244, 171.725 to 171.785 or 192.660, or any administrative rule adopted by the Commission (collectively, matters within the Commission's jurisdiction).

(2) All complaints from members of the public concerning alleged violations of matters within the Commission's jurisdiction shall be submitted to the Commission's staff in written form and signed with the person's true name. No anonymous complaints or oral complaints will be accepted. Complaints may be made and signed electronically via the Commission's webpage, https://www.oregon.gov/ogec/public-records/Pages/How-to-File-a-Complaint.aspx.

(3) The Director shall review each submitted complaint within 2 business days of its receipt to determine if the matters alleged come within the Commission's jurisdiction, if the matters alleged occurred within four years of the date submitted, and if the complaint contains enough specific information to warrant further review. If the Director determines that the complaint contains allegations without any corroborative information, the Director shall, within 10 days of the complaint's receipt, notify the person filing the complaint that the complaint lacks sufficient information to warrant further review. If the Director is able to determine the nature of additional information that would enable the Commission to pursue the matter, the person filing the complaint shall likewise be also notified and a subsequent complaint concerning the same circumstances may be filed by any person. If the Director determines a complaint is within the Commission's jurisdiction, alleges conduct that occurred within the prior four years, and contains corroborating information, a preliminary review will be initiated. The preliminary review phase commences on the date the Commission receives such a complaint.

(4) The Director or any member of the Commission may propose that the Commission initiate a preliminary review based on information received from objective sources, such as media accounts or information obtained from the Commission's own records or from other public agencies that indicates that a violation within the Commission's jurisdiction may have occurred.

(5) The Commission shall consider fully all matters presented for preliminary review, or initiated by the Commission's own motion, to determine whether there is "cause" to investigate the matter, as that term is defined in 244.260. Following the investigation phase, the Commission shall move a matter to a contested case hearing when the Commission determines that the information presented is sufficient to make a preliminary finding of violation of one or more statutes or administrative rules within the Commission's jurisdiction. All matters before the Commission may also be settled, at any point in the proceedings, in compliance with OAR 199-001-0020. No settlement negotiated by the Director shall be binding on the parties unless approved by the Commission by motion and vote.

Notes

Or. Admin. R. 199-008-0035

GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99; GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10; renumbered from 199-001-0035 by GEC 9-2021, filed 07/29/2021, effective 7/30/2021; GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021

Statutory/Other Authority: ORS 244.290

Statutes/Other Implemented: ORS 244.290(5)(d)