Administrative Rules Governing the Conduct of Hearings
OAR Chapter 586, Division 30
Setting a Date
Hearings must be held within 100 days of the receipt by the teacher of the notice of dismissal or of the statement of reasons in the case of contract non-extension. The parties may agree to waive the 100-day requirement.
There has been a long accepted and established practice to cooperate in scheduling hearings for days and times that meet the professional needs of all parties. Historically, the Fair Dismissal Appeals Board has not required strict compliance with timelines when there is mutual agreement to extend timelines.
Panel Composition
The Fair Dismissal Appeals Board operates through three-member panels. Panel composition is based in part on the status of the appellant. If an administrator files an appeal, the three-member panel will consist of an administrator member, a school board member, and a non-affiliated member. If a teacher files an appeal, the three-member panel will consist of a teacher member, a school board member, and a non-affiliated member.
Subpoenas
Pursuant to OAR 586-030-0037, the parties may request a subpoena be issued by the Fair Dismissal Appeals Board Executive Secretary. Subpoena requests must be made in writing to the Executive Secretary with a copy to the opposing party. Please send your subpoena requests to ODE.FDAB@ode.oregon.gov.
The Executive Secretary, through legal counsel, may require an explanation of the testimony or the nature of the physical evidence expected under the subpoena and whether the opposing party has been requested to voluntarily produce the person or items sought before deciding whether to issue a subpoena.
Statutory fees and the cost of service shall be the responsibility of the requesting party.
Preliminary Motions
Pursuant to OAR 586-030-0025, the parties may file preliminary motions, and the panel may issue a ruling on those motions, prior to the scheduled hearing date.
Prehearing conferences
Pursuant to OAR 586-030-0037(9), either the Executive Secretary or the panel counsel may schedule a pre-hearing conference with the parties to ensure an orderly and efficient hearing process. This is a useful opportunity for parties to discuss discovery issues, plan for hearing presentations, and coordinate logistics. The prehearing conference is conducted by panel counsel.
To contact ODE staff, please email ODE.FDAB@ode.oregon.gov or call 503-947-5600.