2013 ORS § 342.176¹
Preliminary investigation
  • materials confidential
  • notice

(1) The Teacher Standards and Practices Commission shall promptly undertake an investigation upon receipt of a complaint or information that may constitute grounds for:

(a) Refusal to issue a license or registration, as provided under ORS 342.143 (Issuance of licenses and registrations);

(b) Suspension or revocation of a license or registration, discipline of a person holding a license or registration, or suspension or revocation of the right to apply for a license or registration, as provided under ORS 342.175 (Grounds for discipline); or

(c) Discipline for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553 (Discipline for resigning without providing required notice).

(2) The commission may appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct the investigation, and the investigator is empowered to subpoena witnesses over the signature of the executive director, swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (Subpoenas in contested cases) (2).

(3) Following completion of the investigation, the executive director shall report in writing any findings and recommendations to:

(a) The commission, meeting in executive session, at its next regular meeting following completion of the investigation; and

(b) The person against whom the charge is made.

(4)(a) Except as provided in paragraph (b) of this subsection, the documents and materials used in the investigation and the report of the executive director are confidential and not subject to public inspection unless the commission makes a final determination to:

(A) Refuse to issue a license or registration, as provided under ORS 342.143 (Issuance of licenses and registrations);

(B) Suspend or revoke a license or registration, discipline a person holding a license or registration, or suspend or revoke the right to apply for a license or registration, as provided under ORS 342.175 (Grounds for discipline); or

(C) Discipline a person for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553 (Discipline for resigning without providing required notice).

(b) Records made available to the commission under ORS 419B.035 (Confidentiality of records) (1)(h) shall be kept confidential.

(5) If the commission finds from the report that there is sufficient cause to justify holding a hearing under ORS 342.177 (Hearing and decision on charges), it shall notify in writing:

(a) The person charged, enclosing a statement of the charges and a notice of opportunity for hearing;

(b) The complainant; and

(c) The employing district or public charter school, if any.

(6) If the commission finds from the report that there is not sufficient cause to justify holding a hearing under ORS 342.177 (Hearing and decision on charges), it shall notify in writing:

(a) The person charged;

(b) The complainant; and

(c) The employing district or public charter school, if any.

(7) Notwithstanding ORS 192.660 (Executive sessions permitted on certain matters) (6), the commission may make its findings under this section in executive session. However, the provisions of ORS 192.660 (Executive sessions permitted on certain matters) (4) apply to the sessions. [1979 c.226 §2; 1987 c.503 §2; 1989 c.149 §1; 1991 c.662 §2; 1997 c.165 §2; 1997 c.594 §2; 2003 c.524 §5; 2007 c.575 §13; 2009 c.393 §2; 2009 c.706 §2]