Chapter 184 Oregon Laws 2003

AN ACT

SB 388

Relating to rules of voluntary organization that administers interscholastic activities; creating new provisions; and amending ORS 339.430.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 339.430 is amended to read:

339.430. (1) Voluntary organizations that desire to administer interscholastic activities shall apply to the State Board of Education for approval.

(2) The [state] board shall review the rules and bylaws of the voluntary organization to determine that [they] the rules and bylaws do not conflict with state law or rules of the [state] board.

(3) A voluntary organization must submit to the board for review any rules, or changes in rules, that specify the criteria for the placement of a school into an interscholastic activity district. A voluntary organization may not establish or change an interscholastic activity district until the board has approved the rules of the voluntary organization.

(4) If [an] a voluntary organization meets the standards established under ORS 326.051 and its rules and bylaws do not conflict with state law or rules of the [state] board, the [state] board shall approve the organization. An approved voluntary organization is qualified to administer interscholastic activities.

[(2)] (5) The [state] board may suspend or revoke its approval if an approved organization is found to have violated state law, [or] rules of the [state] board or subsection (3) of this section. If [an] a voluntary organization is not approved or its approval is suspended or revoked, it may appeal the denial, suspension or revocation as a contested case under ORS 183.310 to 183.550.

[(3)] (6) A voluntary organization’s decisions concerning interscholastic activities may be appealed to the [state] board, which may hear the matter or by rule may delegate authority to a hearing officer to hold a hearing and enter a final order under ORS 183.310 to 183.550. Such decisions may be appealed under ORS 183.482.

SECTION 2. (1) Prior to June 15, 2004, an approved voluntary organization must submit to the State Board of Education for review the rules of the voluntary organization that specify the criteria for the placement of a school into an interscholastic activity district.

(2) The board may not suspend or revoke its approval of an approved voluntary organization for violation of ORS 339.430 (3) prior to the review by the board of any rules submitted under subsection (1) of this section unless an approved voluntary organization does not comply with the requirement of subsection (1) of this section.

Approved by the Governor May 30, 2003

Filed in the office of Secretary of State June 2, 2003

Effective date January 1, 2004

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