Oregon Statutes 240.560 – Appeal procedure
(1) A regular employee who is reduced, dismissed, suspended or demoted, shall have the right to appeal to the Employment Relations Board not later than 30 days after the effective date of the reduction, dismissal, suspension or demotion. The appeal must be in writing. The appeal is timely if it is received by the board or postmarked, if mailed postpaid and properly addressed, not later than 30 days after the effective date of the reduction, dismissal, suspension or demotion. The board shall hear the appeal within 30 days after the board receives the appeal, unless the parties to the hearing agree to a postponement. The board shall furnish the division of the service concerned with a copy of the appeal in advance of the hearing.
Terms Used In Oregon Statutes 240.560
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appointing authority: means an officer or agency having power to make appointments to positions in the state service. See Oregon Statutes 240.015
- Board: means the Employment Relations Board. See Oregon Statutes 240.015
- classification: means a group of positions in the state classified service sufficiently alike in duties, authority and responsibilities that the same qualifications may reasonably be required for, and the same schedule of pay can be equitably applied to, all positions in the group. See Oregon Statutes 240.015
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Division of the service: means a state department or any division or branch thereof, any agency of the state government, or any branch of the state service, all the positions in which are under the same appointing authority. See Oregon Statutes 240.015
- Regular employee: means an employee who has been appointed to a position in the classified service in accordance with this chapter after completing the trial service period. See Oregon Statutes 240.015
(2) The hearing shall be conducted as provided for a contested case in ORS Chapter 183.
(3) If the board finds that the action complained of was taken by the appointing authority for any political, religious or racial reasons, or because of sex, marital status or age, the employee shall be reinstated to the position and shall not suffer any loss in pay.
(4) In all other cases, if the board finds that the action was not taken in good faith for cause, it shall order the immediate reinstatement and the reemployment of the employee in the position without the loss of pay. In lieu of affirming the action, the board may modify the action by directing a suspension without pay for a given period, and a subsequent restoration to duty, or a demotion in classification, grade or pay. The findings and order of the board shall be certified in writing to the appointing authority and shall be forthwith put into effect by the appointing authority. [Amended by 1957 c.205 § 1; 1959 c.689 § 6; 1969 c.80 § 78; 1971 c.734 § 35; 1975 c.427 § 12; 1977 c.400 § 1; 1977 c.770 § 6; 1993 c.778 § 24; 2003 c.213 § 1]