OAR 839-003-0060
Fact-Finding Conference

(1)

This rule applies to complaints of unlawful practices, including housing discrimination under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a).

(2)

At its discretion, the division may hold a fact-finding conference. This conference may encompass part or all of the division’s investigation of the complaint. The aggrieved person and the respondent will attend the conference and a division representative will conduct the conference. The purposes of the conference will be to:

(a)

Review evidence regarding the complaint;

(b)

Identify the undisputed elements of the complaint;

(c)

Define and, if possible, resolve the disputed elements of the complaint; and

(d)

Attempt to settle the complaint.

(3)

The division will schedule the conference, notifying the aggrieved person and the respondent of the time and place. The division may require the aggrieved person and the respondent to provide information and documents relevant to the complaint. The division may issue subpoenas ad testificandum to compel the respondent’s representatives to attend the conference and issue subpoenas duces tecum to compel the production of documents at the conference.

(4)

The conference may be rescheduled, subject to the division’s approval, at the request of the aggrieved person or the respondent, or at the division’s discretion.

(5)

The aggrieved person’s failure to attend the conference may cause the complaint to be administratively dismissed if the division determines that the aggrieved person has failed to cooperate pursuant to OAR 839-003-0050 (Administrative Dismissal: Employment and Public Accommodation)(3).

(6)

If the aggrieved person attends the conference but the respondent’s representatives fail to attend, the division representative may proceed based on the information in the division’s possession.

(7)

The respondent’s representatives at a fact-finding conference should include persons with:

(a)

Knowledge of the facts bearing on the complaint; and

(b)

Authority to negotiate a settlement agreement.

(8)

The aggrieved person and the respondent may be accompanied by legal counsel, but counsel’s role is strictly limited to providing legal advice to the counsel’s client.

(9)

The division’s representative conducting the conference may:

(a)

Question the participants about facts alleged in the complaint, or the response;

(b)

Ask for additional statements and documentation from the aggrieved person and the respondent;

(c)

Terminate discussion of a particular point when further discussion would be irrelevant or repetitive;

(d)

Exclude witnesses with the exception of the aggrieved person, the respondent and counsel;

(e)

Order unruly participants to leave the conference;

(f)

Audio-record the conference with the knowledge of the participants;

(g)

Attempt to negotiate a settlement agreement between the parties; and

(h)

Recess or terminate the conference at any time.

(10)

If the conference does not result in settlement, the division will either continue the investigation or dismiss the complaint. This subsection does not apply to housing discrimination complaints under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a).

Source: Rule 839-003-0060 — Fact-Finding Conference, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0060.

839–003–0000
Purpose and Scope 839–003–0005
Definitions: Employment and Public Accommodation 839–003–0010
Who May File: Employment and Public Accommodation 839–003–0015
Equal Employment Opportunity Commission 839–003–0020
Civil Action: Employment and Public Accommodation 839–003–0025
Filing a Complaint: Employment (other than OSEA) and Public Accommodation 839–003–0031
Filing a Complaint under the Oregon Safe Employment Act (OSEA) 839–003–0040
Amendment of Complaints: Employment and Public Accommodation 839–003–0045
Withdrawal of Complaint: Employment and Public Accommodation 839–003–0050
Administrative Dismissal: Employment and Public Accommodation 839–003–0055
Conciliation Agreements Prior to Completion of the Investigation 839–003–0060
Fact-Finding Conference 839–003–0065
Investigations: Employment and Public Accommodation 839–003–0070
Settlement Process After Substantial Evidence Determination: Employment and Public Accommodation 839–003–0080
Access to Records in Investigative Files 839–003–0085
Subpoenas 839–003–0090
Remedy: Employment and Public Accommodation 839–003–0095
Enforcement of Settlement Agreements and Orders: Employment and Public Accommodation 839–003–0100
Commissioner’s Complaint: Employment and Public Accommodation 839–003–0200
Filing a Housing Discrimination Complaint 839–003–0205
Amending a Housing Discrimination Complaint 839–003–0210
Withdrawal of a Housing Discrimination Complaint 839–003–0215
Administrative Dismissal of a Housing Discrimination Complaint 839–003–0220
Housing Discrimination Investigations 839–003–0225
Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints 839–003–0230
Remedies in Housing Discrimination Complaints 839–003–0235
Civil Action under State and Federal Housing Law 839–003–0240
Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints 839–003–0245
Commissioner’s Complaint in Housing Discrimination Cases
Last Updated

Jun. 8, 2021

Rule 839-003-0060’s source at or​.us