Administration

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_808/808_001.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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LANDSCAPE CONTRACTORS BOARD

 

DIVISION 1
ADMINISTRATION

808-001-0000
Notice
Except as provided in OAR 808-001-0002, before adoption, amendment, or repeal of any permanent rule, the State Landscape Contractors Board shall give notice of the intended action:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;
(2) By mailing a copy of the notice to persons on the State Landscape Contractors Board mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and
(4) By mailing a copy of the notice to the:
(a) Capitol press room;
(b) Associated Press;
(c) Oregon Landscape Contractors Association;
(d) Oregon Association of Nurserymen;
(e) Southern Oregon Landscaping Association;
(f) Agri-Business Council.
Stat. Auth.: ORS 183.310 - ORS 183.545, ORS 670.310 & ORS 671.670

Stats. Implemented: ORS 183.341

Hist.: LC 1, f. & ef. 5-17-76; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LSCB 1-1995, f. & cert. ef. 2-2-95; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03
808-001-0002
Temporary Rule
The State Landscape Contractors Board Administrator may adopt, amend, or suspend a rule as provided in ORS 183.335.
Stat. Auth.: ORS 183.335

Stats. Implemented: ORS 183.335

Hist.: LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LSCB 2-1997, f. & cert. ef. 11-3-97
808-001-0005
Model Rules
The Landscape Contractors Board
adopts the Attorney General's Uniform and Model Rules of Procedure under the Administrative
Procedures Act in effect January 31, 2012, with the following exceptions: OAR 137-003-0015,
137-005-0050, 137-005-0060, and 137-005-0070.
[ED. NOTE: The full text of
the Attorney General’s Model Rules of Procedure is available from the office
of the Attorney General or Landscape Contractors Board.]
Stat. Auth.: ORS 671

Stats. Implemented: ORS 183.341
& 279

Hist.: LC 2, f. & ef. 5-18-76;
LC 3, f. & ef. 2-7-77; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88,
cert. ef. 2-1-88; LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88; LCB 1-1991, f. &
cert. ef. 7-22-91; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LSCB 1-1995, f. &
cert. ef. 2-2-95; LSCB 1-1996, f. & cert. ef. 6-18-96; LCB 2-1999, f. &
cert. ef. 5-4-99; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2005, f. &
cert. ef. 2-15-05; LCB 3-2006, f. & cert. ef. 8-2-06; LCB 5-2008, f. & cert.
ef. 4-25-08; LCB 3-2012, f. 5-30-12, cert. ef. 6-1-12
808-001-0008
Operating Budget
(1) Pursuant to ORS 182.462, the Board
adopts the budget, for the biennium beginning July 1, 2015 and ending June 30, 2017,
as approved at a Board Meeting held June 18, 2015. The Board Administrator will
amend accounts as necessary, within the approved budget amount for the effective
operation of the Board. Copies of the budget are available at the Board's office.
(2) Effective July 1, 2015,
the Board adopts the July 1, 2015 through June 30, 2017 budget to reflect a total
income amount of $1,241,618 and a total expense of $1,217,545.36 with a projected
net income of $28,072.64.
[Publications: Publications referenced are
available from the agency.]
Stat. Auth.: ORS 670.310 &
671.670
Stats. Implemented: ORS 182.462
Hist.: LCB 3-2003, f. 5-27-03,
cert. ef. 6-1-03; LCB 3-2005, f. & cert. ef. 6-1-05; LCB 1-2006, f. 3-27-06,
cert. ef. 4-1-06; LCB 2-2007, f. & cert. ef. 5-16-07; LCB 4-2009, f. 6-1-09
cert. ef. 7-1-09; LCB 5-2011, f. & cert. ef. 6-17-11; LCB 5-2012, f. & cert.
ef. 8-2-12; LCB 3-2013, f. 6-21-13, cert. ef. 7-1-13; LCB 3-2015, f. & cert.
ef. 3-24-15; LCB 5-2015, f. & cert. ef. 6-18-15
808-001-0015
Election of Officers
The Board may elect a Board Chairman and Vice Chairman at the first board meeting held after January 1 of each year.
Stat. Auth.: ORS 183 & ORS 671

Stats. Implemented: ORS 670.300 & ORS 671.630

Hist.: LC 1-1984, f. & ef. 7-17-84
808-001-0020
Charges for Documents; Refunds
(1) All requests for copies of public
records pertaining to the State Landscape Contractors Board and available at the
Board's office shall be in writing and may be delivered in person, by mail, by fax
or by email. The request must include:
(a) The name and address
of the person requesting the public record;
(b) The telephone number
or other contact information for the person requesting the public record;
(c) A sufficiently detailed
description of the record(s) requested to allow the agency to search for and identify
responsive records;
(d) Date of request; and
(e) Signature of the person
requesting the public record.
(2) Charges to the general
public and to state agencies shall be payable in cash, check, money order, or any
credit card accepted by the board office. Billing to such state agencies must be
authorized by the Administrator. Checks or money orders shall be made payable to
the Landscape Contractors Board.
(3) The Board accepts credit
card payment submitted in person or by mail, e-mail or fax. Any credit card payment
that is rejected by the bank and requested to be confiscated will be retained and
returned to the bank. All payments by credit card that are rejected must be paid
in full by a check or money order within ten days from notification of rejection.
(4) Charges for copies, documents,
and services shall be as follows:
(a) Twenty-five cents per
page for photocopies.
(b) The cost of records transmitted
by fax is $.75 for the first page and $.60 for each additional page, limited to
a 20-page maximum, not including the cover page.
(c) The cost of records transmitted
by email is $5 per email.
(d) Upon request, copies
of public records may be provided electronically if the document(s) are stores in
the agency’s computer system. Disks will be provided at a cost of $5.00 per
disk and may contain as much information as the disk will hold. Due to the threat
of computer viruses, the agency will not permit requestors to provide disks for
electronic reproduction of computer records.
(e) Actual cost for delivery
of records such as postage and courier fees.
(f) Actual attorney fees
charged to the agency for the cost of time spent by an attorney in reviewing the
public records, redacting materials from the public records or segregating the public
records into exempt and nonexempt records.
(g) The agency may require
pre-payment of estimated fees before taking further action on a request.
(h) $20 for each certification
that an entity has or has not been licensed with the Landscape Contractors Board.
(i) $20 for certified copies
of documents.
(j) $100 for listing of individual
landscape construction professional contractors and landscape contracting businesses
on CD, or provided electronically through e-mail. Requests for searching or formatting
the data will be billed as per subsection (k) of this rule. The Administrator may
waive this charge for other public agencies.
(k) Labor charges that include
researching, locating, compiling, editing or otherwise processing information and
records:
(A) No charge for the first
30 minutes of staff time;
(B) Beginning with the 31st
minute, the charge per total request is $30 per hour or $7.50 per quarter-hour.
A prorated fee is not available for less than a quarter-hour;
(l) For both machine copies
and documents, an additional amount set at the discretion of the Administrator for
staff time required for search, handling, and copying.
(m) $20 for duplicate recording
of Board meetings.
(n) $20 for duplicate recordings
of a three hour agency hearing or arbitration and $10 for each additional 90 minute
or fraction thereof of the hearing or arbitration.
(o) Plant CD:
The cost of the item, the
cost of shipping and a fee for the cost of processing the order. Contact the State
Landscape Contractors Board for the current charges.
(p) Landscape Construction
book by David Sauter is the cost of the item, the cost of shipping and a fee for
the cost of processing the order. Contact the State Landscape Contractors Board
for the current charges.
(q) Owner/Managing Employee
Study Guide & Manual is the cost of the item, the cost of shipping and a fee
for the cost of processing the order. Contact the State Landscape Contractors Board
for the current charges.
(5) Refunds: All requests
for refunds must be in writing.
(a) Except as set forth in
subsection (b) of this section, applicant and licensing fees are non-refundable
and nontransferable.
(b) When an applicant for
a landscape construction professional license withdraws their renewal or fails to
complete the renewal process the agency may retain a-processing fee of $20. When
an applicant withdraws their application for a landscape contracting business license
or renewal or fails to complete the renewal process, the agency may retain a-processing
fee of $50.
(6) If the agency receives
payment of any fees or penalty by check and the check is returned to the agency
by the bank, the payer of the fees may be assessed a charge of $25 in addition to
the required payment of the fees or penalty.
(7) The agency shall not
refund fees or civil penalties overpaid by an amount of $20 or less unless requested
by the payer in writing within three years after the date payment is received by
the agency, as provided by ORS 293.445.
Stat. Auth.: ORS 183, 293.445, 671 & 2007
OL Ch. 541
Stats. Implemented: ORS 183, 192.430,
293.445 & 671
Hist.: LC 1-1984, f. & ef.
7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 2-1988(Temp), f. 3-17-88,
cert. ef. 4-1-88; LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88; LSCB 2-1997, f. &
cert. ef. 11-3-97; LCB 2-1999, f. & cert. ef. 5-4-99; LCB 4-2002, f. & cert.
ef. 12-4-02; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2004(Temp), f. &
cert. ef. 6-11-04 thru 12-6-04; LCB 5-2004, f. & cert. ef. 10-4-04; LCB 4-2007,
f. 12-19-07, cert. ef. 1-1-08; LCB 7-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008,
f. & cert. ef. 4-11-08; LCB 4-2008(Temp), f. & cert. ef. 4-23-08 thru 9-22-08;
LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 3-2011, f. & cert. ef. 5-25-11;
LCB 4-2014(Temp), f. 3-31-14, cert. ef. 4-1-14 thru 9-27-14; LCB 8-2014, f. 9-25-14,
cert. ef. 10-1-14
808-001-0030
When Mail Deemed Delivered; Response Time to Notices
(1) Except as provided in section (2) of this rule, mail shall be considered delivered to a person when deposited in the United States mail with the correct amount of postage and addressed to the last known address of record of the person.
(2) If the agency directs mail to a person who is not a licensee or a claimant under Division 4 of these rules, the mail shall not be deemed delivered if it is returned as undeliverable because the person moved with no forwarding address.
(3) Time for responses to all notices to a person delivered by placement in the United States mail with the correct amount of postage and addressed to the last known address of the person shall run from the date of mailing, unless otherwise specified in the notice.
(4) OAR 137-003-0520(10) shall apply to the computation of time to respond to a notice under this rule, whether the notice is related to a contested case, arbitration or any other matter.
Stat. Auth.: ORS 183.415, 670.310 & 671.670

Stats. Implemented: ORS 183.415 & 671

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 1-2000, f. & cert. ef. 2-1-00; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 1-2005, f. & cert. ef. 2-15-05
808-001-0050
Confidentiality and Inadmissibility of Mediation Communications
(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.
(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.
(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.
(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.
(5) Mediations Excluded. Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or
(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;
(c) Mediation in which the only parties are public bodies;
(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;
(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation; or
(f) Mediation by an authorized representative acting on behalf of the Landscape Contractors Board in which the parties to the mediation are parties to a claim or arbitration filed under ORS 671.700 to 671.703, unless the mediator and the parties elect by written agreement consistent with the form set out in section (8) of this rule to participate in a confidential mediation.
(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:
(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or
(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)-(d), (j)-(l) or (o)-(p) of section (9) of this rule.
(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)-(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.
(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate." [Form not included. See ED. NOTE.]
(9) Exceptions to Confidentiality and Inadmissibility.
(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.
(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.
(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.
(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.
(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.
(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.
(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.
(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.
(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.
(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.
(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:
(A) A request for mediation; or
(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or
(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712; or
(D) A strike notice submitted to the Employment Relations Board.
(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.
(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:
(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or
(B) Attorney work product prepared in anticipation of litigation or for trial; or
(C) Prepared exclusively for the mediation or in a caucus session and not given to another party in the mediation other than a state agency; or
(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or
(E) Settlement concepts or proposals, shared with the mediator or other parties.
(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent that agency administrator determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.
(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 30.402 or state or federal law requires the terms to be confidential.
(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).
(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.
Stat. Auth.: ORS 36.224, ORS 670.310 & ORS 671.670

Stats. Implemented: ORS 36.224, ORS 36.228, ORS 36.230 & ORS 36.232

Hist.: LCB 2-1999, f. & cert. ef. 5-4-99
808-001-0060
Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications
(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials. This rule does not apply to disputes involving the negotiations of labor contracts or matters about which a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed.
(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.
(3) Nothing in this rule affects any confidentiality created by other law.
(4) To the extent mediation communications would otherwise be compromise negotiations under OS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.
(5) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:
(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or
(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h)-(j) of section (7) of this rule.
(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this rule, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:
(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation; and
(b) The person agreeing to the confidentiality of the mediation on behalf of the agency:
(A) Is neither a party to the dispute nor the mediator; and
(B) Is designated by the agency to authorize confidentiality for the mediation; and
(C) Is at the same or higher level in the agency than any of the parties to the mediation or who is a person with responsibility for human resources or personnel matters in the agency, unless the agency head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or the Governor's designee.
(7) Exceptions to Confidentiality and Inadmissibility.
(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.
(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.
(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.
(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.
(e) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS chapter 40 or other provision or law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.
(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.
(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.
(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.
(i) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.
(j) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).
(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the agency, may not be made confidential.
(9) When a mediation is subject to section (6) of this rule, the agency will provide to all parties to the mediation and to the mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.
Stat. Auth.: ORS 36.224, ORS 670.310 & ORS 671.670

Stats. Implemented: ORS 36.230(4)

Hist.: LCB 2-1999, f. & cert. ef. 5-4-99

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