Or. Admin. Code § 839-003-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 839-003-0060 - Fact-Finding Conference

(1) This rule applies to complaints of unlawful practices, including housing discrimination under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a).

(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(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 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a).

Or. Admin. Code § 839-003-0060

BL 7-1981, f. & ef. 6-25-81; BL 1-1993, f. 3-25-93, cert. ef. 4-1-93; BL 4-1996, f. & cert. ef. 3-12-96; BLI 11-2000, f. & cert. ef. 3-24-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 36-2007 f. 12-27-07 cert. ef. 1-1-08; BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08; Administrative correction 10-21-08; BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09; BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08; BLI 9-2015, f. & cert. ef. 6/29/2015

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 659A.800, 659A.850 & 659A.860