Oregon Revised Statutes Chapter 342 § 342.177 — Hearing and decision on charges; notice; penalties; rules

Hearing and decision on charges; notice; penalties; rules. (1)(a) Hearings under ORS 339.390 and 342.176 shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. (b) Any hearing conducted under this section shall be private unless the person against whom the charge is made requests a public hearing. Students attending school in the employing district may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. Students attending a public charter school that employs the person may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. The person charged shall have the right to be represented by counsel and to present evidence and argument. The evidence must be confined to the charges. (2) The Teacher Standards and Practices Commission or the person charged may have subpoenas issued to compel attendance at the hearing. The person charged may have subpoenas issued by an attorney of record subscribed by the signature of the attorney or by the executive director of the Teacher Standards and Practices Commission. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). The commission or the person charged shall have the right to compel the attendance and obedience of witnesses in the same manner as provided under ORS 183.440 (2). (3) If the decision of the commission is that the charge described in ORS 342.175 (1) has been proven, the commission may take any or all of the following disciplinary action against the person charged: (a) Issue a public reprimand. (b) Place the person on probation for a period not to exceed four years and subject to such conditions as the commission considers necessary. (c) Suspend the license or registration of the teacher or administrator for a period not to exceed one year. (d) Revoke the license or registration of the teacher or administrator. (e) Revoke the right to apply for a license or registration. (f) Impose a civil penalty pursuant to subsection (6) of this section. (4) If the decision of the commission is that the charge is not proven, the commission shall order the charges dismissed. (5) The commission shall notify in writing the person charged and the employing district or public charter school of the decision. (6)(a) The commission shall adopt rules establishing the monetary amount of a civil penalty that may be imposed under this section. The maximum monetary amount of a civil penalty for a single violation may not exceed $1,000. (b) All moneys recovered from imposition of civil penalties under this section shall be deposited in the State Treasury to the credit of the Teacher Standards and Practices Commission Account. (c) The commission may adopt rules necessary for the administration and enforcement of this subsection. [1965 c.100 §363; 1965 c.535 §11; 1973 c.228 §2; 1979 c.226 §3; 1989 c.149 §2; 1991 c.662 §3; 1997 c.165 §3; 1999 c.849 §§69,70; 2003 c.75 §33; 2005 c.444 §1; 2007 c.575 §14; 2009 c.706 §3; 2015 c.245 §13; 2019 c.618 §26; 2025 c.172 §3] Note: The amendments to 342.177 by section 3, chapter 172, Oregon Laws 2025, become operative July 1, 2026, and apply to conduct occurring on or after July 1, 2026. See sections 4 and 5, chapter 172, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user’s convenience. 342.177. (1)(a) Hearings under ORS 339.390 and 342.176 shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. (b) Any hearing conducted under this section shall be private unless the person against whom the charge is made requests a public hearing. Students attending school in the employing district may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. Students attending a public charter school that employs the person may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. The person charged shall have the right to be represented by counsel and to present evidence and argument. The evidence must be confined to the charges. (2) The Teacher Standards and Practices Commission or the person charged may have subpoenas issued to compel attendance at the hearing. The person charged may have subpoenas issued by an attorney of record subscribed by the signature of the attorney or by the executive director of the Teacher Standards and Practices Commission. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). The commission or the person charge