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EMPLOYMENT RELATIONS BOARD

 


DIVISION 10
GENERAL/POLICY AND DEFINITIONS

115-010-0000
Purpose of Rules
The purpose of these rules is to implement and give effect to the provisions of state law in achieving the following objectives:
(1) To provide uniform procedures to resolve questions of representation, unit clarification and deauthorization.
(2) To remedy statutorily defined unfair labor practices.
(3) To render assistance to employers and employee organizations in resolving their differences without resort to strikes, lockouts or other forms of conflict.
(4) To foster and protect a merit system of personnel administration in the state government.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0005
Statutory Authority for Rules
These rules are adopted under the authority
provided by ORS 240.086(3) and 243.766(7).
Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240.086,
240.560, 243.672(3) & 243.676
Hist.: ERB 1-1980, f. &
ef. 1-9-80; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14
115-010-0010
Definition of Terms
(1) "Board" means the Employment Relations Board.
(2) "Board Agent" means any agent designated by the Board to act in its behalf.
(3) "Complainant" means a party who has filed an unfair labor practice complaint or a complaint alleging a violation of ORS 240.309.
(4) "Conciliator" means the head of the State Conciliation Services.
(5) "Date of Filing" means the date of receipt by the Board.
(6) "Date of Service" means the date of mailing or the date of personal service.
(7) "Day" means calendar day unless otherwise specified.
(8) "Party" is any person, labor organization or employer filing a petition, complaint, charge or State Personnel Relations System appeal with the Board; any person, labor organization or employer named as a party in a petition, complaint, charge or State Personnel Relations System appeal, or any other person, labor organization or employer whose timely motion to intervene has been granted.
(9) "Petitioner" means a party who files a petition with the Board.
(10) "Recommended Order" means the Order of an Administrative Law Judge or other Board Agent consisting of Proposed Rulings on Motions and Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended Order.
(11) "Respondent" means a party who is required to respond to a complaint, petition or charge.
Stat. Auth.: ORS 240 & ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 4-1985, f. 10-29-85, ef. 10-31-85; ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95
115-010-0012
Computation of Time
Unless otherwise specifically
provided in these rules, time will be computed by excluding the first day and including
the last day unless the last day falls upon a legal holiday, Saturday, or a day
when the office is closed before the end of or all of the normal workday, in which
case the last day also is excluded.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3),
243.766(7) & 663.320

Hist.: ERB 1-1980, f. &
ef. 1-9-80; ERB 2-2011(Temp), f. 8-25-11, cert. ef. 9-1-11 thru 12-31-11; ERB 4-2011,
f. 12-28-11, cert. ef. 12-29-11

Organization and Records

115-010-0015
The Employment Relations Board
The Employment Relations Board is composed of three members, including a chairperson, appointed by the Governor. The chairperson is the agency administrator.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.065

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0020
Board Meetings
(1) At least five days advance notice of regular meetings shall be given to the media and persons known to have a special interest in the matters to be considered.
(2) Ordinarily, Board meetings, including contested case hearings, shall be open to the public. When circumstances warrant, the Board may close contested case hearings and the Board retains the right to go into executive session to deliberate for the ruling on contested case matters.
(3) The Board shall meet at such times and places as specified by the chairperson or at the request of two members of the Board. Advance notice of the time and place of each meeting shall be given to each Board member. Two members shall constitute a quorum.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 3-1998, f. & cert. ef. 1-26-98
115-010-0025
Record of Meetings
The minutes of all meetings and proceedings of the Board shall be prepared and maintained by the chairperson and shall be approved by the Board.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0030
Enforcement
The Board may apply for and obtain court process in the enforcement of these rules and Board orders and against any practices found to be in violation of these rules or Board orders.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 243.766(4)

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0032
Board Public Records
(1) Inspection. All records of the Board, which are defined as public records and are not exempt from disclosure under ORS 192.410 to 192.505, shall be available for inspection by members of the public at the current principal offices of the Board, in Salem, Oregon. Inspection of such records will be permitted:
(a) Upon request by an interested person of the custodian of such records;
(b) During normal work hours of the Board;
(c) At reasonable times, provided there is no undue disruption of the work of the Board or its agents.
(2) Custodians and Certification:
(a) The following agents of the Board are designated as custodians of Board public records:
(A) Board Administrative Assistant, for case logs, case reports, correspondence and other files maintained by and for the Board itself;
(B) Administrator of Conciliation Service for records concerning mediation, fact finding, and interest arbitration;
(C) Administrator of Hearings Division for matters contained in representation and unfair labor practice case files and for matters contained in State Personnel Relations System case files.
(b) Each custodian shall designate an alternate to act in his or her absence;
(c) Custodians and alternates shall certify, upon request, released copies of Board public records as true copies.
(3) All requests for copies of Board public records must be made in writing.
(4) The Employment Relations Board may assess a fee to provide public records. The requesting party must agree to pay the fee before the records will be made available. The amount of the fee will be the actual cost to locate, compile, make available for inspection, prepare copies (whether in paper, audio, microfilm, machine readable format, or other format), and deliver the public records.
(5) The following fees shall be charged for copies of Board public records or other nonexempt documents:
(a) One dollar and fifty cents per page for copies of any Board transcript or document of public record that is certified as a true copy;
(b) Twenty-five cents per page for copies of documents that are not certified, including paper, electronic, or facsimile copies.
(c) Fifteen dollars for a copy of the first compact disk (CD) recording of a hearing and ten dollars for each subsequent CD;
(d) Fifteen dollars for a computer disk containing copies of Board forms;
(e) One hundred fifty dollars per calendar year to receive copies of final Board Orders once a month;
(f) No fees will be charged to state agencies for providing copies of Board transcripts, tapes, Orders or any document or exhibit included in a case record which is not exempt from disclosure under ORS 192.410 to 192.505.
Stat. Auth.: ORS 240 & 243.766(7)

Stats. Implemented: ORS 192.410 & 192.500

Hist.: ERB 4-1980, f. 8-15-80, ef. 8-18-80; ERB 4-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1988, f. & cert. ef. 4-25-88; ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89; ERB 2-1993, f. & cert. ef. 12-15-93; ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 3-1998, f. & cert. ef. 1-26-98; ERB 3-2007, f. 12-17-07, cert. ef. 12-26-07

Hearings

115-010-0035
Use of Board Agents
The Board may appoint a Board agent to hold any hearing that the law or rules require the Board to hold.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.080

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0040
Notice of Hearings
(1) Time and Place of Hearings. The time and place of hearing will be set by the Board or its agent and notice thereof served personally or by registered or certified mail upon all interested parties at least ten days in advance of the hearing date.
(2) Postponements. Any party who desires a postponement shall promptly upon receipt of notice of the hearing, make written request for such postponement, stating the reason therefor in detail. For good cause shown, the Board or its agent may grant such postponement, and may, at any time, order a postponement upon his/her own motion except as limited by OAR 115-035-0040, and except as provided by OAR 115-045-0025. The Board or its agent, in deciding a request for postponement, shall consider whether such request was promptly made.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0043
Hearings by Electronic Devices
(1) The Board at its discretion may conduct a hearing or portion of a hearing by an electronic device, such as telephone, video, and Internet devices. A party seeking to have a hearing or to offer evidence by an electronic device shall, whenever practical, make the request ten business days prior to the scheduled hearing date. Less notice may be allowed as appropriate. In determining whether all or part of the hearing is to be heard by an electronic device, the Board shall consider the circumstances of the particular case including: The amount of notice given the Board and opposing parties, availability of equipment, length of hearing, amount of documentary evidence to be utilized during the proposed testimony, number and location of witnesses, the degree to which witness credibility is at issue, the hardship on the parties, objections of an opposing party, and cost to the Board.
(2) Where all or part of a hearing is conducted by an electronic device, the parties shall have representation rights otherwise accorded for hearings under Board rules in such proceedings. In hearings conducted by an electronic device:
(a) Witnesses must testify from their own recollection;
(b) Witnesses' recollection may be refreshed only from documents that are premarked and provided to the parties;
(c) Witnesses may not read from notes unless such are provided to the opposing party; and
(d) Representatives may not communicate with witnesses during their testimony, except on the record.
(3) A party desiring to offer exhibits into evidence in the case or during a portion of the case heard by an electronic device shall provide an original and copy to the Board and a copy to each of the other parties at least five business days before the date of the scheduled electronic device hearing.
(4) For electronic device hearings, the Board shall pay the fees for use of the electronic device, the site at which the Board conducts the hearing, and the site at which witnesses testify; the parties shall pay any separate fees for the sites from which their representatives participate in the hearing.
(5) The Board may conduct oral argument, under OAR 115-010-0095, or conduct other business through hearings held by an electronic device. A party presenting oral argument in an electronic device hearing shall pay all site and electronic device fees associated with the hearing.
Stat. Auth.: ORS 240 & ORS 243.766(7)

Stats. Implemented: ORS 243.766(7)

Hist.: ERB 1-1982, f. & ef. 1-19-82; ERB 2-1993, f. & cert. ef. 12-15-93; ERB 1-2000, f. & cert. ef. 12-1-00
115-010-0045
Motions
(1) A request for any ruling, order,
or other relief may be made by filing a written motion. The motion need not be in
any particular form.
(2) Before filing a motion,
the moving party shall make a good-faith effort to confer with the non-moving party
to seek resolution of the matter. The motion must describe all efforts and the result
of the effort.
(3) Any response to a motion
must be filed within 14 days of the date the motion is served.
(4) Replies from the moving
party to the response are allowed only when requested or authorized by the Board
Agent.
(5) Written motions shall
be filed with the Board or its agent. A copy of the written motion must be served
upon other parties to the proceeding. The Board or its agent shall be provided with
proof of service.
(6) Motions made at hearing
may be stated orally on the record, and shall briefly identify the grounds for the
motion and the order or relief sought.
Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240.560
& 243.676
Hist.: ERB 1-1980, f. &
ef. 1-9-80; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14
115-010-0050
Rules of Evidence
The rules of evidence except for division 65 shall be:
(1) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible.
(2) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.
(3) All offered evidence, not objected to, may be received by the Board or its agent subject to the Board or its agent's discretion to exclude irrelevant, immaterial or unduly repetitious matter.
(4) Evidence objected to may be received by the Board agent with rulings on its admissibility or exclusion to be made at the time a proposed order is issued.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0055
Subpoenas
(1) Subpoenas for the attendance of witnesses, for the production of records or other documents in Board hearings or for the production of records or other documents prior to hearing but after service of the petition or complaint, unless issued by the Board on its own motion, shall be issued for the parties only upon application in writing and a showing of general relevance and reasonable scope of the testimony of a witness/records or documents. The application should identify the case by title and case number, name specific witnesses, records and other documents for which subpoena is requested, and describe the general relevance and reasonable scope thereof. Subpoenaed witnesses shall receive fees and mileage as prescribed by ORS 44.415 for witnesses in civil proceedings. The fees and mileage shall be paid by the party that subpoenas the witness.
(2) Subpoenas may be issued by attorneys of record in the manner and form prescribed by ORS 183.440.
(3) All subpoenas shall be served within a reasonable time prior to the hearing or date designated for the production of records or documents.
(4) Any party desiring to contest a subpoena issued in any hearing of the Board may do so by filing a motion to quash with a copy of the subpoena the party seeks to quash prior to the outset of a hearing on the merits.
Stat. Auth.: ORS 240 & ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 1-1982, f. & ef. 1-19-82; ERB 4-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1988, f. & cert. ef. 4-25-88; ERB 1-2000, f. & cert. ef. 12-1-00
115-010-0060
Witnesses
(1) All testimony to be considered at a hearing, except matters officially noticed or entered by stipulation, shall be sworn or affirmed.
(2) Refusal of a witness to answer any question ruled to be proper shall, in the discretion of the Board or its agent, be grounds for excusing the witness or striking any or all testimony given by the witness.
(3) A party may not call the opposing party's representative as a witness absent a showing that such testimony is necessary and will not be cumulative or repetitive. Notice of intention to call the opposing party's representative as a witness, together with a supporting affidavit, must be filed with the Board no later than 14 days before the hearing date.
(4) Subsection (3) of this rule does not apply to a party appearing pro se.
Stat. Auth.: ORS 240.086(3) & ORS 243.766(7)

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 1-1994, f. 6-23-94, cert. ef. 7-1-94; ERB 2-1998, f. & cert. ef. 1-26-98
115-010-0065
Depositions
Board or its agents may order the taking of depositions for perpetuation of testimony provided, however, that: The statutory criteria for granting requests for depositions in civil court proceedings for perpetuation of testimony shall apply, except as herein modified. A request for deposition to perpetuate testimony shall be filed with the Board in a timely manner so that, if ordered, it can be taken in sufficient time to be prepared for use in any hearing scheduled on a complaint or petition, unless all parties agree to a continuance to accomplish same. Such request shall be filed in writing in triplicate and a true copy thereof shall be simultaneously served on all other parties in the proceeding. Proof of such service shall accompany the request. The request shall set forth the name and address of the witness, materiality of his/her testimony, reasons why perpetuation of such testimony is required, and specify the time the deposition will be completed for use by the parties. The request shall ask for an order that the testimony of such witness be taken at no expense to the Board, before an officer authorized to administer oaths under state law, and shall set forth the name of such officer, and the time and place for said deposition.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 3-1998, f. & cert. ef. 1-26-98
115-010-0068
Prehearing Procedures
(1) The Board or its agent may convene
prehearing conferences with the parties' representatives for the purpose of:
(a) Scheduling hearing dates,
witnesses for hearing and further prehearing conferences;
(b) Disposing of pending
motions;
(c) Formulating and simplifying
issues;
(d) Discussing settlement
of any or all of the issues;
(e) Avoiding submission of
unnecessary or cumulative exhibits or other evidence;
(f) Stipulating to facts;
(g) Discussing the need for
any special hearing procedures; or
(h) Discussing any other
matters that may assist in the disposition of the matter.
(2) At the discretion of
the Board or its agent, the prehearing conference may be held by telephone or in
person and may be recorded.
(3) Each party shall provide
an exhibit list, witness list and exhibits to the other parties. These documents
must be received no later than seven days before the scheduled hearing, unless the
Board Agent directs otherwise.
(4) A party that fails to
comply with prehearing requirements set forth in the rule or ordered by the Board
or its agent shall be denied the right to offer such evidence or make argument regarding
such matter at the hearing unless good cause is shown.
(5) The Board or its agent
may rule prior to hearing on one or more of the claims or defenses, or a portion
of any claim or defense, asserted in a complaint or answer. The Board agent may
defer issuing a proposed order on any such prehearing ruling until after a hearing
is held and a proposed order is issued on remaining claims or defenses.
Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240.086,
240.560, 243.672(3) & 243.676
Hist.: ERB 2-1993, f. &
cert. ef. 12-15-93; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14
115-010-0070
Conduct of Hearings
(1) General Procedure:
(a) The Board or its agent
will open the hearing with a brief introduction of parties and issues;
(b) Parties may make opening
statements;
(c) Parties may present evidence
in support of their respective positions. Cross-examination of witnesses will be
allowed the opposing party(ies);
(d) A party may make closing
argument orally or, when requested by the party, in a post-hearing brief.
(2) Conference During Hearing.
In any proceeding, the Board or its agent may, in his/her discretion, call the parties
together for a conference prior to the taking of testimony or may recess the hearing
for such conference to resolve evidentiary or procedural matters. The results of
such conference shall be stated on the record.
(3) Stipulation as to Facts.
The parties to any proceeding or investigation may, by stipulation and subject to
approval by the Board or its agent, agree upon the facts or any portion thereof
involved in the controversy, which stipulation shall be binding upon the parties
thereto and may be regarded and used as evidence at the hearing.
(4) Continuances. On the
motion of a party or upon his/her own motion, the Board or its agent may continue
the hearing. The date of such continued hearing may be fixed at the time of the
hearing or by later written notice to the parties.
(5) Burden of Proof:
(a) Representation, clarification
and unit redesignation hearings are investigatory. Their purpose is to develop a
full factual record. There is no burden of proof. The Board or its agent shall determine
the order of presentation of evidence and may examine witnesses, require the production
of documents and call witnesses not called by the parties;
(b) Unfair labor practice
complaint hearings are adversarial. The complainant has the burden of proof and
the burden of going forward with the evidence. The respondent has the burden of
proving affirmative defenses, if any;
(c) For burden of proof in
State Personnel Relations System cases, see OAR 115-045-0030.
(6) Exhibits:
(a) A party intending to
offer exhibits shall, where practicable, have them marked for identification and
presented to opposing party(ies) in a prehearing conference with the Board or its
agent prior to the opening of any Board hearing;
(b) A party offering an exhibit
shall provide two copies to the Board or its agent and a copy to opposing party(ies)
prior to seeking its admission into evidence. Except in unusual circumstances, failure
to provide such copies shall constitute a basis for declining to admit the exhibit;
(c) A party seeking to offer
solid objects other than documents shall provide photograph(s) which will be received
in lieu of such solid objects. A copy of the photograph must be provided to the
other party(ies);
(d) A party relying on voluminous
or bulky documents shall provide the Board or its agent and other party(ies) with
written extracts of matters therein which are being relied upon. If a party seeks
admission of the whole document, the party shall bear the Board cost for reproducing
such document if it is subsequently required as part of the record forwarded to
the parties and the courts on any appeal.
(e) A party wishing to submit
a transcript of an audio recording as an exhibit must also submit a notarized statement
from the transcriptionist that the document is a verbatim transcript of the audio
recording. A copy of the audio recording and transcript must be provided to the
opposing party no less than 14 days before the first day of hearing.
(7) If a party chooses to
have a certified transcript of the hearing prepared, the Board will be provided,
at no charge, with a certified copy of such transcript.
Stat. Auth.: ORS 240 & 243.766(7)
Stats. Implemented: ORS 240.086,
240.560, 243.672(3) & 243.766(7)
Hist.: ERB 1-1980, f. &
ef. 1-9-80; ERB 4-1980, f. 8-15-80, ef. 8-18-80; ERB 4-1985, f. 10-29-85, ef. 10-31-85;
ERB 1-1988, f. & cert. 4-25-88; ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91;
ERB 2-1998, f. & cert. ef. 1-26-98; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14

115-010-0075
Conduct at Hearing
All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. Demonstrations of any kind will not be permitted. Failure to comply with the Board agent's effort to retain order are grounds for removal from the hearing.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0077
Briefs
(1) Briefs shall not ordinarily be required
of the parties to a contested case hearing. Where briefs are required, or permitted,
they must be captioned with the Board case title and number, and must be typewritten
or printed with double spacing on letter-sized paper.
(2) Briefs must substantially
comply with the following format:
(a) Brief statement of pertinent
facts;
(b) Statement and discussion
of disputed issues supported by available precedent;
(c) Concise summary of reasons
for granting requested relief.
(3) Briefs shall not exceed
30 pages, unless expressly permitted by the Board or its agent.
(4) Three copies of the briefs
must be filed with the Board. Copies of briefs must be served on the other party(ies)
in the case, and proof of such service must accompany the brief when filed.
(5) Unless the parties agree
otherwise, briefs must be filed within 14 days from the conclusion of the hearing.
Once a brief filing date has been established, parties must ask the Board Agent
for an extension of time. Parties must provide the Board Agent with the other parties’
positions to the extension request.
(6) The Board or its agent
may disregard any brief which fails to comply with this rule.
(7) Reply briefs will not
be accepted, unless expressly permitted by the Board or its agent.
Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 240.086,
240.560, 243.672(3) & 243.766(7)
Hist.: ERB 4-1980, f. 8-15-80,
ef. 8-18-80; ERB 4-1985, f. 10-29-85, ef. 10-31-85; ERB 2-1998, f. & cert. ef.
1-26-98; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14
115-010-0080
Board Employees as Witnesses
A Board employee may not be called and may not appear as a witness in a case in which he/she has been involved without approval of the Board.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0085
Recommended Order
Unless a majority of the Board hears the case or considers the entire record, the Board agent shall issue a Recommended Order and serve a copy on each party.
Stat. Auth.: ORS 240 & ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 4-1985, f. 10-29-85, ef. 10-31-85
115-010-0090
Objections to Board Agent's Recommended Order
The parties shall have 14 days from date of service of a Recommended Order to file specific written objections with the Board. Upon good cause shown, the Board may extend the time within which the objections shall be filed. When objections are filed, the party making the objections shall serve a copy of the objections on all parties of record in the case and provide the Board with proof of service. A failure to so serve, and provide proof of service shall in the absence of good cause shown, invalidate any such objections as being untimely and the Board may disregard same in making a final determination in the case.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0095
Board Review
(1) If timely objections are filed, parties will be given an opportunity to present oral argument to the Board. If a party desires to submit written argument in lieu of oral argument, it must be filed with the Board not less than five days before the date set for argument and the party filing the written argument shall serve a copy on parties of record. The Board shall be provided with proof of service.
(2) If parties wish to submit written memoranda in aid of oral argument in addition to argument, such written memoranda must be filed with the Board not less than five days before the date set for oral argument and copies must be served upon parties of record. The Board shall be provided with proof of service.
(3) Review by the Board of a Board agent's Proposed Rulings on Motions and Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended Order shall be confined to the record. The order of the Board shall be in writing and shall be sent to the parties.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0100
Petitions for Reconsideration or Rehearing
Petitions for reconsideration or rehearing may be filed, but not later than 14 days from date of service of the order, and must include proof of service of a copy of the petition upon other parties to the proceeding. Petitions shall state specifically the grounds for reconsideration. The Board may, at its discretion, set such petitions for oral argument.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 2-1998, f. & cert. ef. 1-26-98
115-010-0105
Service of Documents
All documents shall be served upon the named parties unless there is a representative of record in which case documents may be served on the representative.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 1-1980, f. & ef. 1-9-80
115-010-0110
Ex Parte Communications
(1) At any time that petitions, complaints, objections, election challenges, or other contested case matters have been set for hearing by the Board or its agents, if any party or counsel in the case communicates with the Board, board member, or the board agent assigned to such case, concerning any fact in dispute in the case, the Board, board member or board agent, as appropriate, shall notify all other parties and counsel in the case of such communications, either orally or in writing, and shall expressly include a statement of such communication, notification to other parties and counsel, and responses received thereto in the record of the case.
(2) The mere noting of such ex parte communications in the record will not be considered evidence of the facts in dispute unless otherwise agreed by all parties to the case. The Board and its agents shall rely only on the admissible evidence of record in determining the merits of any disputed issue in a case.
(3) This rule shall not apply to matters presented or obtained during preliminary investigation of the petition, complaint, objections, or challenge, made by Board agents prior to the service of the notice of hearing in a case, and shall not apply to requests for subpoenas.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 240.086(3), ORS 243.766(7) & ORS 663.320

Hist.: ERB 4-1980, f. 8-15-80, ef. 8-18-80
115-010-0115
Facsimile Filings
(1) Any complaint, answer, petition or other document required or allowed to be filed with the Board or served on a party may be filed or served by means of a telephonic facsimile communication device. The Board fax number is (503) 373-0021.
(2) Filings with the Board by facsimile are subject to the following conditions:
(a) A filing must conform with all applicable rules. Except for (2)(e) below, only one copy of a document need be filed by facsimile even when multiple copies otherwise would be required;
(b) A complaint or answer will not be considered filed until the filing fees required by ORS 243.672(3) have been paid.
(c) The Board will charge twenty five dollars for each filing by means of facsimile;
(d) When reception of a document begins after 5 p.m., the date of filing of that document, for purposes of Board rules, shall be the date of the next regular workday.
(e) A party filing a complaint or answer by fax must simultaneously mail to the Board three copies of the complaint or answer.
Stat. Auth.: ORS 243.766(7)

Stats. Implemented: ORS 240.086(3), 243.766(7) & 663.320

Hist.: ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89; ERB 2-1993, f. & cert. ef. 12-15-93; ERB 3-1998, f. & cert. ef. 1-26-98; ERB 1-2000, f. & cert. ef. 12-1-00; ERB 3-2007, f. 12-17-07, cert. ef. 12-26-07

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