Or. Admin. Code § 736-140-0004 - Selection and Procurement of Dispute Resolution Providers
(1) The agency may
select the collaborative DR provider or may opt to select the provider by
consensus of the participants.
(2)
A collaborative DR provider who has a financial interest in the subject matter
of the dispute, who is an employee of an agency in the dispute, who has a
financial relationship with any participant in the collaborative DR process or
who otherwise may not be impartial is considered to have a potential bias. If,
before or during the dispute resolution process, a provider has or acquires a
potential bias, the provider shall so inform all the participants. Any
participant may disqualify a provider who has a potential bias if the
participant believes in good faith that the potential bias will undermine the
ability of the provider to be impartial throughout the process.
(3) If the collaborative DR provider is a
public official as defined by ORS
244.020(15),
the provider shall comply with the requirements of ORS Chapter 244.
(4) If the agency procures the services of a
collaborative DR provider, the agency must comply with all procurement and
contracting rules provided by law. A roster of collaborative DR providers and a
simplified mediator and facilitator procurement process developed by the
Department of Justice may be used by the agency when selecting a collaborative
DR provider.
(5) If the
collaborative DR provider is a mediator or facilitator who is not an employee
of the agency, the participants shall share the costs of the provider, unless
the participants agree otherwise or the provider is retained solely by the
agency or by a non-participant.
(6)
Whenever the agency compensates a provider who is not an employee of the
agency, the state must execute a personal services contract with the provider.
If the agency and the other participants choose to share the cost of the
collaborative DR provider's services, the non-agency participants may enter
into their own contract with the provider or may be a party to the contract
between the agency and the provider, at the discretion of the agency. The
agency's contract with a provider must state:
(a) The name and address of the provider and
the contracting agency;
(b) The
nature of the dispute, the issues being submitted to the collaborative DR
process and the identity of the participants, as well as is known at the time
the contract is signed;
(c) The
services the provider will perform (scope of work);
(d) The compensation to be paid to the
provider and the maximum contract amount;
(e) The beginning and ending dates of the
contract and that the contract may be terminated by the agency or the provider
upon mutual written consent, or at the sole discretion of the agency upon 30
calendar days notice to the provider or immediately if the agency determines
that the DR process is unable to proceed for any reason.
(7) A student, intern or other person in
training or assisting the provider may function as a co-provider in a dispute
resolution proceeding. The co-provider shall sign and be bound by the agreement
to collaborate specified in OAR
137-005-0030, if any, and, if
compensated by the agency, a personal services contract as specified in section
(6) of this rule.
Notes
Statutory/Other Authority: ORS 390.124 & ORS 36.224
Statutes/Other Implemented: ORS 36.224
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