OAR 581-002-0011
Conciliation


(1) After the department issues a preliminary order under OAR 581-002-0009 (Investigation)(3)(a)(A), the parties shall attempt to reach an agreement through conciliation.
(2) The conciliation period under this section may not be longer than 30 days, unless the parties agree in writing to a longer time period.
(3) The district may not have an attorney present during conciliation unless the parent is accompanied by an attorney.
(4) Upon request, the department will provide technical assistance to support the conciliation process.
(5) Any conciliation agreement entered into by the parties must be in writing and shall contain the following:
(a) A statement identifying the parties to the agreement;
(b) A statement that the parties entering the agreement intend that the agreement will resolve the matters at issue in the appeal;
(c) A statement or list specifying the particular terms to which the parties have agreed;
(d) A statement that the parties further agree that:
(A) Upon execution of the agreement, the department will enter an order staying the proceedings until:
(i) The department confirms in writing that the parties have fulfilled the obligations contained in the agreement; or
(ii) The department has determined that a party has failed to fulfill the terms of the agreement;
(B) The department will continue to have jurisdiction over the matter while the parties are in conciliation;
(C) Any party having an obligation under the agreement shall notify the department in writing within 14 days of completing the obligation;
(D) The department may investigate either party’s compliance with the agreement to determine whether the parties have met their obligations within the time specified in the agreement;
(E) The department may issue a final order adopting the findings and conclusions contained in the preliminary order if the department finds, by substantial evidence, that a party having an obligation under the agreement has failed to fulfill that obligation within the time required and no good cause exists for that failure; and
(F) Upon completion of all obligations of the agreement as confirmed by the department, the department shall issue an order closing the appeal;
(e) A statement that the parties have read and agreed to the terms contained in the agreement; and
(f) The signature of each party to the agreement.
(6)(a) Upon execution of the conciliation agreement, the department shall enter an order staying the proceedings until:
(A) The parties have fulfilled their obligations under the agreement, as confirmed by the department under paragraph (c) of this subsection; or
(B) The department has determined that a party has failed to fulfill the terms of the agreement, as described in subsection (7) of this rule.
(b) Any party having an obligation under the agreement shall notify the department in writing within 14 days of completing the obligation.
(c) Upon receipt of notice that a party has completed its obligation under the agreement, the department shall:
(A) Verify that the obligation required by the terms of the agreement has been completed by the party who provided the notice; and
(B) Issue written confirmation of the completion of the obligation to the parties.
(d) At any time, the department may investigate either party’s compliance with the agreement to determine whether the parties have met their obligations within the time specified in the agreement.
(e) After the department has confirmed that all obligations required under the agreement have been completed, the department shall issue an order closing the appeal.
(7) If the department finds, by substantial evidence, that a party having an obligation under a conciliation agreement has failed to fulfill that obligation within the time required and no good cause exists for that failure, the department may issue a final order as described in OAR 581-002-0017 (Final Order) adopting the findings and conclusions contained in the preliminary order issued under OAR 581-002-0009 (Investigation)(3)(a)(A).
(8) If the parties do not reach agreement through conciliation, the department shall issue a final order as described in OAR 581-002-0017 (Final Order).
Last Updated

Jun. 8, 2021

Rule 581-002-0011’s source at or​.us