Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 238.650
Stats. Implemented: ORS 183.413 - 183.470
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