Or. Admin. R. 581-002-0023 - Settlement and Remediation

(1) On any day preceding the date on which the department issues notice under OAR 581-002-0007, a potential complainant or a district may request technical assistance from the department with respect to an alleged violation of a law or rule described in OAR 581-002-0003.

(2) On any day following the date on which the department issues notice under OAR 581-002-0007 and preceding the date on which a preliminary final order is issued pursuant to OAR 581-002-0009(3)(a)(A) or on which a final order is issued pursuant to OAR 581-002-0009(3)(a)(B), a complainant who files an appeal under OAR 581-002-0001 to 581-002-0023, and the district against whom the appeal is filed, may jointly request:

(a) To toll the proceedings described in OAR 581-002-0001 to 581-002-0023 for purposes of reaching a settlement agreement; or

(b) For the district to immediately take corrective action with respect to any allegation made by the complainant.

(3) Upon request, the department will provide technical assistance to support the complainant and district in reaching a settlement agreement or understanding the type of corrective action that may be taken.

(4) Any time during the tolling of proceedings described in OAR 581-002-0001 to 581-002-0023 for purposes of reaching a settlement agreement, the complainant or district may communicate to the department that they no longer wish to negotiate a settlement. Upon verifying that the complainant or district no longer wishes to negotiate a settlement, proceedings described in OAR 581-002-0001 to 581-002-0023 begin at the point during the proceedings where the tolling began.

(5) Any settlement agreement entered into by the parties must be in writing and shall contain the following:

(a) A statement identifying the parties to the agreement;

(b) A statement that the parties entering the agreement intend that the agreement will resolve the matters at issue in the appeal;

(c) A statement or list specifying the particular terms to which the parties have agreed;

(d) A statement that the parties further agree that:

(A) Upon execution of the agreement, the department will enter an order staying the proceedings until:

(i) The department confirms in writing that the parties have fulfilled the obligations contained in the agreement; or

(ii) The department has determined that a party has failed to fulfill the terms of the agreement;

(B) The department will continue to have jurisdiction over the matter while the parties are in settlement;

(C) Any party having an obligation under the agreement shall notify the department in writing within 14 days of completing the obligation;

(D) The department may investigate either party's compliance with the agreement to determine whether the parties have met their obligations within the time specified in the agreement;

(E) If the department finds, by substantial evidence, that a party having an obligation under the agreement has failed to fulfill that obligation within the time required and no good cause exists for that failure, the department may:

(i) Issue a final order that adopts the findings and conclusions contained in the preliminary order if a preliminary order has been issued; or

(ii) Resume the proceedings at the point during the proceedings where the tolling began if the preliminary order had not been issued when tolling began; and

(F) Upon completion of all obligations of the agreement as confirmed by the department, the department shall issue an order closing the appeal;

(e) A statement that the parties have read and agreed to the terms contained in the agreement; and

(f) The signature of each party to the agreement.

(6)

(a) Upon execution of the settlement agreement, the department shall enter an order staying the proceedings until:

(A) The parties have fulfilled their obligations under the agreement, as confirmed by the department under paragraph (c) of this subsection; or

(B) The department has determined that a party has failed to fulfill the terms of the agreement, as described in subsection (7) of this rule.

(b) Any party having an obligation under the agreement shall notify the department in writing within 14 days of completing the obligation.

(c) Upon receipt of notice that a party has completed its obligation under the agreement, the department shall:

(A) Verify that the obligation required by the terms of the agreement has been completed by the party who provided the notice; and

(B) Issue written confirmation of the completion of the obligation to the parties.

(d) At any time, the department may investigate either party's compliance with the agreement to determine whether the parties have met their obligations within the time specified in the agreement.

(e) After the department has confirmed that all obligations required under the agreement have been completed, the department shall issue an order closing the appeal.

(7) If the department finds, by substantial evidence, that a party having an obligation under the agreement has failed to fulfill that obligation within the time required and no good cause exists for that failure, the department may:

(a) Issue a final order as described in OAR 581-002-0017 that adopts the findings and conclusions contained in the preliminary order if a preliminary order has been issued; or

(b) Resume the proceedings at the point where the tolling began if the preliminary order had not been issued when tolling began.

(8) As part of any corrective action taken pursuant to subsection (2)(b) of this rule, the complainant and district must waive their right to seek judicial review of the corrective action under ORS 183.484.

Notes

Or. Admin. R. 581-002-0023

ODE 11-2019, adopt filed 03/25/2019, effective 3/25/2019

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

Statutes/Other Implemented: ORS 339.303, ORS 659.850 to 659.855 & ORS 339.285 to 339.303