Chapter 791 Oregon Laws 2003

AN ACT

SB 904

Relating to dispute resolution; creating new provisions; amending ORS 21.480, 36.100, 36.105, 36.110, 36.135, 36.145, 36.150, 36.155, 36.160, 36.165, 36.170, 36.175, 36.185, 36.200, 36.210, 36.224, 107.755, 107.775, 135.959, 183.502, 197.830, 339.333, 352.066 and 390.240; repealing ORS 36.115, 36.120, 36.125, 36.130, 36.135, 36.140, 36.150, 36.155, 36.160, 36.165, 36.175, 36.180 and 36.245; appropriating money; limiting expenditures; and declaring an emergency.

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

SECTION 1. (1) The duties, functions and powers of the Dispute Resolution Commission under ORS 183.502 are imposed upon, transferred to and vested in the Mark O. Hatfield School of Government, as provided in this 2003 Act. The Director of the Dispute Resolution Commission shall deliver to the director of the Mark O. Hatfield School of Government all records and property within the jurisdiction of the Director of the Dispute Resolution Commission that relate to the duties, functions and powers of the commission under ORS 183.502.

(2) The duties, functions and powers of the Dispute Resolution Commission under ORS 36.100 to 36.238 are imposed upon, transferred to and vested in the University of Oregon School of Law, as provided in this 2003 Act. The Director of the Dispute Resolution Commission shall deliver to the Dean of the University of Oregon School of Law all records and property within the jurisdiction of the Director of the Dispute Resolution Commission that relate to the duties, functions and powers of the commission under ORS 36.100 to 36.238.

(3) The Dispute Resolution Commission is abolished. The terms of all members of the commission end on the effective date of this 2003 Act.

SECTION 2. (1) The transfer of duties, functions and powers under ORS 183.502 by section 1 of this 2003 Act does not affect any action, proceeding or prosecution involving or with respect to those duties, functions and powers begun before and pending at the time of the transfer, except that the Mark O. Hatfield School of Government is substituted for the Dispute Resolution Commission in the action, proceeding or prosecution.

(2) Nothing in this 2003 Act relieves a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers under ORS 183.502 transferred by section 1 of this 2003 Act. The director of the Mark O. Hatfield School of Government may undertake the collection or enforcement of any such liability, duty or obligation.

(3) The rights and obligations of the Dispute Resolution Commission legally incurred under contracts, leases and business transactions executed, entered into or begun before the operative date of section 1 of this 2003 Act accruing under or with respect to the duties, functions and powers under ORS 183.502 that are transferred by section 1 of this 2003 Act are transferred to the Mark O. Hatfield School of Government. For the purpose of succession to these rights and obligations, the Mark O. Hatfield School of Government constitutes a continuation of the Dispute Resolution Commission and not a new authority.

(4) Notwithstanding ORS 236.605 to 236.640, employees of the Dispute Resolution Commission are not to be transferred to the Mark O. Hatfield School of Government. The director of the Mark O. Hatfield School of Government may select employees who will assist the Mark O. Hatfield School of Government in the performance of the duties, functions and powers under ORS 183.502 transferred by section 1 of this 2003 Act.

SECTION 3. Notwithstanding the transfer of duties, functions and powers under ORS 183.502 by section 1 of this 2003 Act, the rules of the Dispute Resolution Commission implementing ORS 183.502 that are in effect on the operative date of section 1 of this 2003 Act continue in effect until superseded or repealed by rules of the director of the Mark O. Hatfield School of Government. References to the Dispute Resolution Commission or an officer or employee of the commission in rules of the commission implementing ORS 183.502 are considered to be references to the Mark O. Hatfield School of Government or to an officer or employee of the school.

SECTION 4. Whenever, in any uncodified law or resolution of the Legislative Assembly or in any rule, document, record or proceeding authorized by the Legislative Assembly, in the context of the duties, functions and powers under ORS 183.502 transferred by section 1 of this 2003 Act, reference is made to the Dispute Resolution Commission, or an officer or employee of the Dispute Resolution Commission, the reference is considered to be a reference to the Mark O. Hatfield School of Government or to the officer or employee of the Mark O. Hatfield School of Government who by this 2003 Act is charged with carrying out those duties, functions and powers.

SECTION 5. (1) The transfer of duties, functions and powers under ORS 36.100 to 36.238 by section 1 of this 2003 Act does not affect any action, proceeding or prosecution involving or with respect to those duties, functions and powers begun before and pending at the time of the transfer, except that the University of Oregon School of Law is substituted for the Dispute Resolution Commission in the action, proceeding or prosecution.

(2) Nothing in this 2003 Act relieves a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers under ORS 36.100 to 36.238 that are transferred by section 1 of this 2003 Act. The Dean of the University of Oregon School of Law may undertake the collection or enforcement of any such liability, duty or obligation.

(3) The rights and obligations of the Dispute Resolution Commission legally incurred under contracts, leases and business transactions executed, entered into or begun before the operative date of section 1 of this 2003 Act accruing under or with respect to the duties, functions and powers under ORS 36.100 to 36.238 that are transferred by section 1 of this 2003 Act are transferred to the University of Oregon School of Law. For the purpose of succession to these rights and obligations, the University of Oregon School of Law constitutes a continuation of the Dispute Resolution Commission and not a new authority.

(4) Notwithstanding ORS 236.605 to 236.640, employees of the Dispute Resolution Commission are not to be transferred to the University of Oregon School of Law. The Dean of the University of Oregon School of Law may select employees who will assist the University of Oregon School of Law in the performance of the duties, functions and powers under ORS 36.100 to 36.238 transferred by section 1 of this 2003 Act.

SECTION 6. Notwithstanding the transfer of duties, functions and powers under ORS 36.100 to 36.238 by section 1 of this 2003 Act, the rules of the Dispute Resolution Commission implementing those laws that are in effect on the operative date of section 1 of this 2003 Act continue in effect until superseded or repealed by rules of the Dean of the University of Oregon School of Law. References to the Dispute Resolution Commission or an officer or employee of the commission in rules of the commission implementing ORS 36.100 to 36.238 are considered to be references to the University of Oregon School of Law or to an officer or employee of the school.

SECTION 7. Whenever, in any uncodified law or resolution of the Legislative Assembly or in any rule, document, record or proceeding authorized by the Legislative Assembly, in the context of the duties, functions and powers under ORS 36.100 to 36.238 transferred by section 1 of this 2003 Act, reference is made to the Dispute Resolution Commission, or an officer or employee of the Dispute Resolution Commission, the reference is considered to be a reference to the University of Oregon School of Law or to the officer or employee of the University of Oregon School of Law who by this 2003 Act is charged with carrying out those duties, functions and powers.

SECTION 8. ORS 21.480 is amended to read:

21.480. (1) In all counties wherein legal representation is provided for the poor without fee by a nonprofit legal aid program operating under the Legal Services Program established pursuant to ORS 9.572, the clerk of the circuit court shall collect the fees provided for in this section to assist in defraying the operating costs of the legal aid program and to fund mediation programs offered through the State Department of Agriculture. The fees provided for in this section are in addition to all other fees collected by the clerk of the court, and shall be collected by the clerk in the same manner that other fees are collected by the clerk.

(2) The clerk shall collect the following fees from the plaintiff or other moving party in each civil suit, action or proceeding in the circuit court when the plaintiff or party files the first paper in the suit, action or proceeding, and from a defendant or respondent when the defendant or respondent files an appearance in the suit, action or proceeding:

(a) $7, for filings in the small claims department of a circuit court.

(b) $13, upon the filing of a complaint that is subject to the filing fee established under ORS 105.130 (2). If the defendant demands a trial, the clerk shall collect a fee of $28 from the defendant, and an additional fee of $15 from the plaintiff. In no event shall the plaintiff in an action subject to the filing fee established under ORS 105.130 be required to pay a total fee of more than $28 under the provisions of this subsection.

(d) $22, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2).

(e) $28, for any other filings in a circuit court not specifically provided for in this subsection, including all probate proceedings, protective proceedings under ORS chapter 125, adoption proceedings and change of name proceedings.

(3) All fees collected under this section shall be deposited with the State Court Administrator in the manner provided by ORS 9.574.

(4) Ten percent of the funds deposited with the State Court Administrator under this section shall be transferred by the State Court Administrator on a monthly basis to the State Department of Agriculture, until such time as the amount specified under subsection (5) of this section has been transferred to the State Department of Agriculture for the biennium. Moneys transferred to the State Department of Agriculture under this section are continuously appropriated to the department and may be used by the department only for the purpose of funding mediation programs established by the department. Moneys appropriated to the department under this subsection may not be used by the department to fund the costs of conducting individual farm credit mediations. The department shall consult with the [Dispute Resolution Commission] director of the Mark O. Hatfield School of Government in establishing and operating mediation programs funded under this subsection.

(5) The amount transferred by the State Court Administrator to the State Department of Agriculture under subsection (4) of this section shall not exceed:

(a) $80,000 in the 1997-1999 biennium; and

(b) $100,000 in all biennia after the 1997-1999 biennium.

SECTION 8a. ORS 21.480, as amended by section 8 of this 2003 Act, is amended to read:

(a) $7, for filings in the small claims department of a circuit court.

(d) $22, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2).

(3) All fees collected under this section shall be deposited with the State Court Administrator in the manner provided by ORS 9.574.

(4) Ten percent of the funds deposited with the State Court Administrator under this section shall be transferred by the State Court Administrator on a monthly basis to the State Department of Agriculture, until such time as the amount specified under subsection (5) of this section has been transferred to the State Department of Agriculture for the biennium. Moneys transferred to the State Department of Agriculture under this section are continuously appropriated to the department and may be used by the department only for the purpose of funding mediation programs established by the department. Moneys appropriated to the department under this subsection may not be used by the department to fund the costs of conducting individual farm credit mediations. [The department shall consult with the director of the Mark O. Hatfield School of Government in establishing and operating mediation programs funded under this subsection.]

(5) The amount transferred by the State Court Administrator to the State Department of Agriculture under subsection (4) of this section shall not exceed:

(a) $80,000 in the 1997-1999 biennium; and

(b) $100,000 in all biennia after the 1997-1999 biennium.

SECTION 8b. The amendments to ORS 21.480 by section 8a of this 2003 Act become operative on January 2, 2006.

SECTION 9. ORS 36.100 is amended to read:

36.100. It is the policy and purpose of ORS 36.100 to [36.245] 36.238 that, when two or more persons cannot settle a dispute directly between themselves, it is preferable that the disputants be encouraged and assisted to resolve their dispute with the assistance of a trusted and competent third party mediator, whenever possible, rather than the dispute remaining unresolved or resulting in litigation.

SECTION 10. ORS 36.105 is amended to read:

36.105. The Legislative Assembly declares that it is the purpose of ORS 36.100 to [36.245] 36.238 to:

(1) Foster the development of community-based programs that will assist citizens in resolving disputes and developing skills in conflict resolution;

(2) Allow flexible and diverse programs to be developed in this state, to meet specific needs in local areas and to benefit this state as a whole through experiments using a variety of models of peaceful dispute resolution;

(3) Find alternative methods for addressing the needs of crime victims in criminal cases when those cases are either not prosecuted for lack of funds or can be more efficiently handled outside the courts;

(4) Provide a method to evaluate the effect of dispute resolution programs on communities, local governments, the justice system and state agencies;

(5) Encourage the development and use of mediation panels for resolution of civil litigation disputes;

(6) Foster the development or expansion of integrated, flexible and diverse state agency programs that involve state and local agencies and the public and that provide for use of alternative means of dispute resolution pursuant to ORS 183.502; and

(7) Foster efforts to integrate community, judicial and state agency dispute resolution programs.

SECTION 11. ORS 36.110 is amended to read:

36.110. As used in ORS 36.100 to [36.245] 36.238:

(1) “Arbitration” means any arbitration whether or not administered by a permanent arbitral institution.

[(2) “Commission” means the Dispute Resolution Commission created under ORS 36.115.]

(2) “Dean” means the Dean of the University of Oregon School of Law.

[(3) “Director” means the director appointed by the Dispute Resolution Commission under ORS 36.130.]

[(4)] (3) “Dispute resolution services” includes but is not limited to mediation, conciliation and arbitration.

[(5)] (4) “Dispute resolution program” means an entity that receives state funds under ORS 36.155 to provide dispute resolution services under ORS 36.160.

[(6)] (5) “Mediation” means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.

[(7)] (6) “Mediation agreement” means an agreement arising out of a mediation, including any term or condition of the agreement.

[(8)] (7) “Mediation communications” means:

(a) All communications that are made, in the course of or in connection with a mediation, to a mediator, a mediation program or a party to, or any other person present at, the mediation proceedings; and

(b) All memoranda, work products, documents and other materials, including any draft mediation agreement, that are prepared for or submitted in the course of or in connection with a mediation or by a mediator, a mediation program or a party to, or any other person present at, mediation proceedings.

[(9)] (8) “Mediation program” means a program through which mediation is made available and includes the director, agents and employees of the program.

[(10)] (9) “Mediator” means a third party who performs mediation. “Mediator” includes agents and employees of the mediator or mediation program and any judge conducting a case settlement conference.

[(11)] (10) “Public body” means any state agency, county or city governing body, school district, special district, municipal corporation, any board, department, commission, council, or agency thereof, and any other public agency of this state.

[(12)] (11) “State agency” means any state officer, board, commission, bureau, department, or division thereof, in the executive branch of state government.

SECTION 11a. ORS 36.110, as amended by section 11 of this 2003 Act, is amended to read:

36.110. As used in ORS 36.100 to 36.238:

(1) “Arbitration” means any arbitration whether or not administered by a permanent arbitral institution.

[(2) “Dean” means the Dean of the University of Oregon School of Law.]

[(3)] (2) “Dispute resolution services” includes but is not limited to mediation, conciliation and arbitration.

[(4)] (3) “Dispute resolution program” means an entity that [receives state funds under ORS 36.155 to provide] provides dispute resolution services [under ORS 36.160].

[(5)] (4) “Mediation” means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such time as a resolution is agreed to by the parties or the mediation process is terminated.

[(6)] (5) “Mediation agreement” means an agreement arising out of a mediation, including any term or condition of the agreement.

[(7)] (6) “Mediation communications” means:

[(8)] (7) “Mediation program” means a program through which mediation is made available and includes the director, agents and employees of the program.

[(9)] (8) “Mediator” means a third party who performs mediation. “Mediator” includes agents and employees of the mediator or mediation program and any judge conducting a case settlement conference.

[(10)] (9) “Public body” means any state agency, county or city governing body, school district, special district, municipal corporation, any board, department, commission, council, or agency thereof, and any other public agency of this state.

[(11)] (10) “State agency” means any state officer, board, commission, bureau, department, or division thereof, in the executive branch of state government.

SECTION 11b. The amendments to ORS 36.110 by section 11a of this 2003 Act become operative on January 2, 2006.

SECTION 12. ORS 36.135 is amended to read:

36.135. [(1) The director of the Dispute Resolution Commission] The Dean of the University of Oregon School of Law shall periodically review dispute resolution programs in this state. If the [director] dean determines that there are reasonable grounds to believe that a program is not in substantial compliance with the standards and guidelines adopted under ORS 36.175, the [director shall negotiate with the manager of the program to bring the program into compliance with the standards and guidelines] dean may suspend or terminate the funding of the program and recover any unexpended funds or improperly expended funds from the program.

[(2) If the negotiations under subsection (1) of this section fail, the director shall give written notice to the program and the county requiring the program to be revised to comply with the standards and guidelines within 30 days after the notice. If, after 30 days, the director concludes that the program is not in compliance, the director shall serve the manager of the program with a request for mediation. The director and the program manager shall mutually select a mediator. If a mediator is not selected within 15 days, the director shall request the presiding judge for the judicial district in which the program is located to appoint a mediator.]

[(3) If mediation under subsection (2) of this section fails, the director shall, after giving the program and county not less than 30 days’ notice, conduct a hearing to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. After the hearing, the Dispute Resolution Commission may suspend funding of the program until the required compliance occurs.]

SECTION 13. ORS 36.145 is amended to read:

36.145. (1) The Dispute Resolution Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received [by the Dispute Resolution Commission] under ORS 36.150 and 36.170 shall be deposited to the credit of the account. Moneys in the account are continuously appropriated to the [commission to carry out the provisions of ORS 36.100 to 36.245] Department of Revenue to be distributed according to allocations made by the Legislative Assembly to:

(a) The Department of Higher Education on behalf of the University of Oregon School of Law, for the purpose of distribution under ORS 36.155;

(b) The Department of Higher Education on behalf of the University of Oregon School of Law, for payment of administrative costs and other expenses of the school in carrying out the responsibilities of the school under ORS 36.100 to 36.238;

(c) The Department of Higher Education on behalf of the Mark O. Hatfield School of Government, for payment of administrative costs and other expenses of the school in carrying out the responsibilities of the school under ORS 183.502; and

(d) The Judicial Department, for the purpose of providing mediation and arbitration services in the courts of this state.

(2) Notwithstanding ORS 293.190, moneys in the Dispute Resolution Account that are in excess of the distributions required by this section do not revert to the General Fund but remain in the account and are available for future allocation under this section.

SECTION 13a. ORS 36.145, as amended by section 13 of this 2003 Act, is amended to read:

36.145. [(1)] The Dispute Resolution Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received under ORS [36.150 and] 36.170 shall be deposited to the credit of the account. [Moneys in the account are continuously appropriated to the Department of Revenue to be distributed according to allocations made by the Legislative Assembly to:]

[(a) The Department of Higher Education on behalf of the University of Oregon School of Law, for the purpose of distribution under ORS 36.155;]

[(b) The Department of Higher Education on behalf of the University of Oregon School of Law, for payment of administrative costs and other expenses of the school in carrying out the responsibilities of the school under ORS 36.100 to 36.238;]

[(c) The Department of Higher Education on behalf of the Mark O. Hatfield School of Government, for payment of administrative costs and other expenses of the school in carrying out the responsibilities of the school under ORS 183.502; and]

[(d) The Judicial Department, for the purpose of providing mediation and arbitration services in the courts of this state.]

[(2) Notwithstanding ORS 293.190, moneys in the Dispute Resolution Account that are in excess of the distributions required by this section do not revert to the General Fund but remain in the account and are available for future allocation under this section.]

SECTION 13b. The amendments to ORS 36.145 by section 13a of this 2003 Act become operative on January 2, 2006.

SECTION 13c. (1) As soon as possible after the effective date of this 2003 Act, the Department of Revenue shall distribute $722,836 from the Dispute Resolution Account to the Department of Higher Education on behalf of the University of Oregon School of Law, for the purpose of distribution under ORS 36.155. The distribution provided for in this subsection is in addition to the distributions provided for in section 14 of this 2003 Act.

(2) As soon as possible after the effective date of this 2003 Act, the Department of Revenue shall distribute $180,000 from the Dispute Resolution Account to the Oregon Department of Administrative Services. Moneys distributed to the Oregon Department of Administrative Services under this subsection may be used by the department only for the purpose of paying unemployment compensation, accrued paid vacation leave and other obligations of the Dispute Resolution Commission.

SECTION 14. For the biennium beginning on July 1, 2003, the Department of Revenue shall distribute from the Dispute Resolution Account the following amounts:

(1) $997,279 to the Department of Higher Education on behalf of the University of Oregon School of Law, for the purpose of distribution under ORS 36.155;

(2) $125,000 to the Department of Higher Education on behalf of the University of Oregon School of Law, for payment of administrative costs and other expenses of the school in carrying out the responsibilities of the school under ORS 36.100 to 36.238;

(3) $125,000 to the Department of Higher Education on behalf of the Mark O. Hatfield School of Government, for payment of administrative costs and other expenses of the school in carrying out the responsibilities of the school under ORS 183.502; and

(4) $800,000 to the Judicial Department, for the purpose of providing mediation and arbitration services in the courts of this state.

SECTION 15. ORS 36.150 is amended to read:

36.150. The [Dispute Resolution Commission] Department of Higher Education, on behalf of the Mark O. Hatfield School of Government and the University of Oregon School of Law, may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of encouraging, promoting or establishing dispute resolution programs in Oregon or to facilitate and assist the [commission] schools in carrying out the [commission’s function as provided by law] responsibilities of the schools under ORS 36.100 to 36.238 and 183.502. All moneys received by the [commission] Department of Higher Education under this section shall be deposited in the Dispute Resolution Account. Notwithstanding the provisions of ORS 291.238, all such moneys are continuously appropriated to the [commission] Department of Higher Education for the purposes for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available.

SECTION 16. ORS 36.155 is amended to read:

36.155. [(1) Funds in the Dispute Resolution Account attributable to 30 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170 may be used by the Dispute Resolution Commission only for the purpose of carrying out the provisions of ORS 36.100 to 36.245. Funds in the Dispute Resolution Account attributable to 20 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170 may be used by the Dispute Resolution Commission only for the purpose of carrying out the provisions of ORS 183.502 (5) to (7). Funds in the Dispute Resolution Account attributable to 50 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170 shall be allocated as provided in subsection (2) of this section.]

[(2) Funds in the Dispute Resolution Account that are attributable to 50 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170] Funds allocated to the Department of Higher Education on behalf of the University of Oregon School of Law under ORS 36.145 (1)(a) for distribution under this section shall be awarded by the [commission] Dean of the University of Oregon School of Law for the purpose of providing dispute resolution services in the county from which the funds originated. On or before July 1 of each odd-numbered year, the [commission] dean shall advise each county of the county’s share of the amount [appropriated] allocated for the purposes of this [subsection] section. The determination shall be based upon each county’s respective share of moneys contributed under ORS 36.170. Before [allocating] distributing these funds in a county, the county must apply for authority or the [commission] dean must proceed under ORS 36.160. If a dispute resolution program is not selected for funding under ORS 36.160 within three fiscal years after the fiscal year in which the filing fee surcharge was collected, then the funds from that fiscal year may be [spent] distributed by the [commission for dispute resolution services as if the funds were moneys governed by subsection (3) of this section] dean in other counties.

[(3) Moneys received by the commission from any sources other than the filing fee surcharges imposed by ORS 36.170 shall be used as follows:]

[(a) For overhead and administrative expenses of the commission.]

[(b) For statewide dispute resolution programs or dispute resolution services in any county in this state including but not limited to providing special grants for pilot projects, start-up costs for dispute resolution programs and training programs and to supplement funds otherwise received by dispute resolution programs.]

SECTION 17. ORS 36.160 is amended to read:

36.160. (1) To participate in the expenditure of funds for dispute resolution programs within the county under ORS 36.155, a county shall notify the [Dispute Resolution Commission] Dean of the University of Oregon School of Law in accordance with the schedule established by rule by the [commission] dean. Such notification shall be by resolution of the appropriate board of county commissioners or, if the programs are to serve more than one county, by joint resolution. A county providing notice may select the dispute resolution programs to receive funds under ORS 36.155 for providing dispute resolution services within the county from among qualified dispute resolution programs.

(2) The county’s notification to the [commission shall] dean must include a statement of agreement by the county to engage in a selection process and to select as the recipient of funding an entity capable of and willing to provide dispute resolution services according to the rules of the [commission] dean. Actual funding by the [commission shall be] dean is contingent upon the selection by the county of a qualified entity. The [commission shall] dean may provide consultation and technical assistance to a county to identify, develop and implement dispute resolution programs that meet the standards and guidelines adopted by the [commission] dean under ORS 36.175.

(3) If a county does not issue a notification according to the schedule established by the [commission] dean, the [Dispute Resolution Commission] dean may notify a county board of commissioners that the [commission] dean intends to fund a dispute resolution program in the county with funds earmarked for the county under ORS 36.155. The [Dispute Resolution Commission] dean may, after such notification, assume the county’s role under subsection (1) of this section unless the county gives the notice required by subsection (1) of this section. If the [commission] dean assumes the county’s role, the [commission] dean may contract with a qualified program for a two-year period. The county may, 90 days before the expiration of an agreement between a qualified program and the [commission] dean, notify the [Dispute Resolution Commission] dean under subsection (1) of this section that the county intends to assume its role under subsection (1) of this section.

(4) All dispute resolution programs identified for funding shall comply with the rules adopted under ORS 36.175.

(5) All funded dispute resolution programs shall submit informational reports and statistics as required by the [commission] dean.

SECTION 18. ORS 36.165 is amended to read:

36.165. (1) Any county that receives financial aid under ORS 36.155 may terminate its participation at the end of any month by delivering a resolution of its board of commissioners to the [director of the Dispute Resolution Commission] Dean of the University of Oregon School of Law not less than 180 days before the termination date.

(2) If a county terminates its participation under ORS 36.160, the remaining portion of the financial aid made available to the county under ORS 36.160 shall revert to the Dispute Resolution Account to be used as specified in ORS 36.155.

SECTION 18a. ORS 36.170 is amended to read:

36.170. (1) The clerks of the circuit courts shall collect a dispute resolution surcharge at the time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected from a defendant or respondent upon making appearance. The amount of the surcharge shall be:

(a) $9, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (1), 21.310 or any other filing fee not specifically provided for in this section.

(b) $7, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2) or 105.130, or if the action is filed in the small claims department of circuit court and the amount or value claimed exceeds $1,500.

(d) $3 if the action is filed in the small claims department of circuit court and the amount or value claimed does not exceed $1,500.

(2) All surcharges collected under this section shall be deposited by the State Court Administrator into the State Treasury to the credit of the Dispute Resolution Account [and may only be used as provided in ORS 36.155].

SECTION 18b. The amendments to ORS 36.170 by section 18a of this 2003 Act become operative on January 2, 2006.

SECTION 19. ORS 36.175 is amended to read:

36.175. (1) [In accordance with the applicable provisions in ORS 183.310 to 183.550, the Dispute Resolution Commission] The Dean of the University of Oregon School of Law shall adopt by rule:

(a) Standards and guidelines for dispute resolution programs receiving funds under ORS 36.155;

(b) Minimum reporting requirements for dispute resolution programs receiving funds under ORS 36.155;

(d) Minimum qualifications and training for persons conducting dispute resolution services in dispute resolution programs receiving funds under ORS 36.155;

[(e) Minimum qualifications and training qualifications for personnel performing mediation services for the circuit courts under ORS 107.755 to 107.785;]

[(f)] (e) Participating funds requirements, if any, for entities receiving funds under ORS 36.155;

[(g)] (f) Requirements, if any, for the payment by participants for services provided by a program receiving funds under ORS 36.155; and

[(h)] (g) Any other provisions or procedures [necessary] for the administration of [the laws that the commission is charged with administering] ORS 36.100 to 36.175.

(2) This section does not apply to state agency dispute resolution programs.

SECTION 20. ORS 36.185 is amended to read:

36.185. After the appearance by all parties in any civil action, except proceedings under ORS 107.700 to 107.732 or 124.005 to 124.040, a judge of any circuit court may refer a civil dispute to mediation under the terms and conditions set forth in ORS 36.180 to 36.210. When a party to a case files a written objection to mediation with the court, the action shall be removed from mediation and proceed in a normal fashion. All civil disputants shall be provided with written information describing the mediation process, [as provided by the Dispute Resolution Commission,] as provided or approved by the State Court Administrator, along with information on established court mediation opportunities. Filing parties shall be provided with this information at the time of filing a civil action. Responding parties shall be provided with this information by the filing party along with the initial service of filing documents upon the responding party.

SECTION 21. ORS 36.200 is amended to read:

36.200. (1) A circuit court providing mediation referral under ORS 36.180 to 36.210 shall establish mediation panels. The mediators on such panels shall have such qualifications as [set by the Dispute Resolution Commission] established by rules adopted under ORS 1.002. Formal education in any particular field shall not be a prerequisite to serving as a mediator.

(2) Unless instructed otherwise by the court, upon referral by the court to mediation, the clerk of the court shall select at least three individuals from the court’s panel of mediators and shall send their names to legal counsel for the parties, or to a party directly if not represented, with a request that each party state preferences within five judicial days. If timely objection is made to all of the individuals named, the court shall select some other individual from the mediator panel. Otherwise, the clerk, under the direction of the court, shall select as mediator one of the three individuals about whom no timely objection was made.

(3) Upon the court’s or the parties’ own selection of a mediator, the clerk shall:

(a) Notify the designated person of the assignment as mediator.

(b) Provide the mediator with the names and addresses of the parties and their representatives and with copies of the order of assignment.

(4) The parties to a dispute that is referred by the court to mediation may choose, at their option and expense, mediation services other than those suggested by the court, and entering into such private mediation services shall be subject to the same provisions of ORS 36.180 to 36.210.

(5) Disputing parties in mediation shall be free, at their own expense, to retain jointly or individually, experts, attorneys, fact finders, arbitrators and other persons to assist the mediation, and all such dispute resolution efforts shall be subject to the protection of ORS 36.180 to 36.210.

SECTION 22. ORS 36.210 is amended to read:

36.210. (1) Mediators, mediation programs and dispute resolution programs providing services under ORS 36.100 to [36.245 and mediators or other community programs providing dispute resolution services that the Dispute Resolution Commission determines comply with the standards established under ORS 36.175] 36.238 and mediators, mediation programs and other community programs providing dispute resolution services that comply with the standards established under ORS 36.175, 107.755 or 107.775 are not civilly liable for any act or omission done or made while engaged in efforts to assist or facilitate a mediation or in providing other dispute resolution services, unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.

(2) Mediators, mediation programs and dispute resolution programs are not civilly liable for the disclosure of a confidential mediation communication unless the disclosure was made in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.

(3) The limitations on liability provided by this section apply to the officers, directors, employees and agents of mediation programs and dispute resolution programs.

SECTION 22a. ORS 36.210, as amended by section 22 of this 2003 Act, is amended to read:

36.210. (1) Mediators, mediation programs and dispute resolution programs [providing services under ORS 36.100 to 36.238 and mediators, mediation programs and other community programs providing dispute resolution services that comply with the standards established under ORS 36.175, 107.755 or 107.775] are not civilly liable for any act or omission done or made while engaged in efforts to assist or facilitate a mediation or in providing other dispute resolution services, unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.

(3) The limitations on liability provided by this section apply to the officers, directors, employees and agents of mediation programs and dispute resolution programs.

SECTION 22b. The amendments to ORS 36.210 by section 22a of this 2003 Act become operative on January 2, 2006.

SECTION 23. ORS 36.224 is amended to read:

36.224. (1) Except as provided in this section, mediation communications in mediations in which a state agency is a party, or in which a state agency is mediating a dispute as to which the state agency has regulatory authority, are not confidential and may be disclosed or admitted as evidence in subsequent adjudicatory proceedings, as described in ORS 36.222 (7).

(2) The Attorney General[, in consultation with the Dispute Resolution Commission,] shall develop rules that provide for the confidentiality of mediation communications in mediations described in subsection (1) of this section. The rules shall also provide for limitations on admissibility and disclosure in subsequent adjudicatory proceedings, as described in ORS 36.222 (7). The rules shall contain provisions governing mediations of workplace interpersonal disputes.

(3) Rules developed by the Attorney General under this section must include a provision for notice to the parties to a mediation regarding the extent to which the mediation communications are confidential or subject to disclosure or introduction as evidence in subsequent adjudicatory proceedings.

(4) Subject to the approval of the Governor, a state agency may adopt any or all of the rules developed by the Attorney General under this section.

[(5) The commission shall maintain a list of state agencies that have adopted rules under this section.]

[(6)] (5) Except as provided in ORS 36.222, mediation communications in any mediation regarding a claim for workers’ compensation benefits conducted pursuant to rules adopted by the Workers’ Compensation Board are confidential, are not subject to disclosure under ORS 192.410 to 192.505 and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings, as described in ORS 36.222 (7), without regard to whether a state agency or other public body is a party to the mediation or is the mediator in the mediation.

[(7)] (6) Mediation communications made confidential by a rule adopted by a state agency under this section are not subject to disclosure under ORS 192.410 to 192.505.

SECTION 24. ORS 107.755 is amended to read:

107.755. (1) No later than January 1, 1999, each judicial district shall:

(a) Provide a mediation orientation session for all parties in cases in which child custody, parenting time or visitation is in dispute, and in any other domestic relations case in which mediation has been ordered. The orientation session may be structured in any way the circuit court determines best meets the needs of the parties. The orientation session should be designed to make the parties aware of:

(A) What mediation is;

(B) Mediation options available to them; and

(b) Except in matters tried under ORS 107.097 and 107.138 or upon a finding of good cause, require parties in all cases described in paragraph (a) of this subsection to attend a mediation orientation session prior to any judicial determination of the issues.

(c) Provide mediation under ORS 107.755 to 107.785 in any case in which child custody, parenting time and visitation are in dispute.

(d) Have developed a plan that addresses domestic violence issues and other power imbalance issues in the context of mediation orientation sessions and mediation of any issue in accordance with the following guidelines:

(A) All mediation programs and mediators must recognize that mediation is not an appropriate process for all cases and that agreement is not necessarily the appropriate outcome of all mediation;

(B) Neither the existence of nor the provisions of a restraining order issued under ORS 107.718 may be mediated;

(i) A screening and ongoing evaluation process of domestic violence issues for all mediation cases;

(ii) A provision for opting out of mediation that allows a party to decline mediation after the party has been informed of the advantages and disadvantages of mediation or at any time during the mediation; and

(iii) A set of safety procedures intended to minimize the likelihood of intimidation or violence in the orientation session, during mediation or on the way in or out of the building in which the orientation or mediation occurs;

(D) When a mediator explains the process to the parties, the mediator shall include in the explanation the disadvantages of mediation and the alternatives to mediation;

(E) All mediators shall obtain continuing education regarding domestic violence and related issues; and

(F) Mediation programs shall collect appropriate data. Mediation programs shall be sensitive to domestic violence issues when determining what data to collect.

(e) In developing the plan required by paragraph (d) of this subsection, consult with one or more of the following:

(A) A statewide or local multidisciplinary domestic violence coordinating council.

(B) A nonprofit private organization funded under ORS 108.620.

(2) Notwithstanding any other provision of law, mediation under ORS 107.755 to 107.785, including the mediation orientation session described in subsection (1)(a) of this section, may not be encouraged or provided in proceedings under ORS 30.866, 107.700 to 107.732, 124.005 to 124.040 or 163.738.

(3) The court, as provided in ORS 3.220, may make rules consistent with ORS 107.755 to 107.785 to govern the operation and procedure of mediation provided under this section.

(4) If a court provides mediation of financial issues, it shall develop a list of mediators who meet the minimum education and experience qualifications [required by rule of the Dispute Resolution Commission] established by rules adopted under ORS 1.002. The rules must require demonstrated proficiency in mediation of financial issues. Once the list is developed, the judicial district shall maintain the list. Mediation of financial issues is subject to the plan developed under subsection (1)(d) of this section and to the limitations imposed by subsection (2) of this section.

(5) A circuit court may provide mediation in connection with its exercise of conciliation jurisdiction under ORS 107.510 to 107.610, but a circuit court need not provide conciliation services in order to provide mediation under ORS 107.755 to 107.785.

SECTION 25. ORS 107.775 is amended to read:

107.775. (1) A circuit court may obtain mediation services, with the prior approval of the governing body of each county involved, by:

(a) Using personnel performing conciliation services for the court under ORS 107.510 to 107.610;

(b) Contracting or entering into agreements with public or private agencies to provide mediation services to the court; or

(2) Personnel performing mediation services for the circuit court shall have the minimum educational and experience qualifications [required by rule of the Dispute Resolution Commission] established by rules adopted under ORS 1.002.

(3) Subject to the provisions of the Local Budget Law, the compensation and expenses of personnel performing mediation services for the circuit court and other expenses of mediation services provided by the court shall be paid by the county or as may be agreed upon by the counties involved. Personnel performing mediation services are not state employees, and their compensation and expenses shall not be paid by the state.

(4) The parties to a child custody, parenting time or visitation dispute that is referred by the circuit court to mediation may use, at their option and expense, mediation services other than those provided by the court.

(5) Two or more counties may join together to provide services under ORS 107.510 to 107.610 and 107.755 to 107.785.

SECTION 26. ORS 135.959 is amended to read:

135.959. (1) A law enforcement agency, city attorney, district attorney, county juvenile department or court may contract with qualified dispute resolution programs to provide mediation services under ORS 135.951 or 135.953.

[(2) The Dispute Resolution Commission in consultation with referring agencies, courts and mediation service providers shall establish standards for data collection for disputes referred to mediation.]

[(3)] (2) As used in this section, “qualified dispute resolution program” means a program that meets the standards for mediators and mediation programs established by the [Dispute Resolution Commission] Dean of the University of Oregon School of Law under ORS 36.175.

SECTION 26a. ORS 135.959, as amended by section 26 of this 2003 Act, is amended to read:

135.959. [(1)] A law enforcement agency, city attorney, district attorney, county juvenile department or court may contract with [qualified] dispute resolution programs to provide mediation services under ORS 135.951 or 135.953.

[(2) As used in this section, “qualified dispute resolution program” means a program that meets the standards for mediators and mediation programs established by the Dean of the University of Oregon School of Law under ORS 36.175.]

SECTION 26b. The amendments to ORS 135.959 by section 26a of this 2003 Act become operative on January 2, 2006.

SECTION 27. ORS 183.502 is amended to read:

183.502. (1) Unless otherwise prohibited by law, agencies may use alternative means of dispute resolution in rulemaking proceedings, contested case proceedings, judicial proceedings in which the agency is a party, and any other decision-making process in which conflicts may arise. The alternative means of dispute resolution may be arbitration, mediation or any other collaborative problem-solving process designed to encourage parties to work together to develop mutually agreeable solutions to disputes. Use of alternative means of dispute resolution by an agency does not affect the application of ORS 192.410 to 192.505 to the agency, or the application of ORS 192.610 to 192.690 to the agency.

(2) An agency that elects to utilize alternative means of dispute resolution shall inform and may consult with the [Dispute Resolution Commission] Mark O. Hatfield School of Government, the Department of Justice and the Oregon Department of Administrative Services in developing a policy or program for implementation of alternative means of dispute resolution.

(3) The Attorney General, in consultation with the [Dispute Resolution Commission] Mark O. Hatfield School of Government and the Oregon Department of Administrative Services, may develop for agencies model rules for the implementation of alternative means of dispute resolution. An agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures of ORS 183.325 to 183.410. Notice of the adoption of all or part of the model rules must be filed by the agency with the Secretary of State in the manner provided by ORS 183.355 for the filing of rules.

(4) When an agency reviews the standard agreements, forms for contracts and forms for applying for grants or other assistance used by the agency, the agency shall determine whether the agreements and forms should be amended to authorize and encourage the use of alternative means of dispute resolution in disputes that arise under the agreement, contract or application.

(5) The Department of Justice, the [Dispute Resolution Commission] Mark O. Hatfield School of Government, the Oregon Department of Administrative Services and the Governor shall collaborate to increase the use of alternative dispute resolution to resolve disputes involving the State of Oregon by:

(a) Assisting agencies to develop a policy for alternative means of dispute resolution;

(b) Assisting agencies to develop or expand flexible and diverse agency programs that provide alternative means of dispute resolution; and

(c) Providing assistance in the efficient and effective selection of mediators or facilitators.

[(c) Identifying, advising and assisting groups of agencies to cooperate in developing alternative means of dispute resolution;]

[(d) Designating an agency within each group of agencies identified in paragraph (c) of this subsection to coordinate alternative means of dispute resolution among those agencies;]

[(e) Encouraging the coordination and integration of activities and programs among state and local governments and the public to ensure efficiency of alternative means of dispute resolution; and]

[(f) Developing a method to evaluate the effectiveness of agencies’ alternative dispute resolution programs.]

(6) [The participating and coordinating] Agencies with alternative dispute resolution programs shall seek to identify cases appropriate for mediation and other means of alternative dispute resolution and to design systems and procedures to resolve those cases.

(7) The purpose of the agency alternative dispute resolution programs is to:

(a) Increase agency efficiency;

(b) Increase public and agency satisfaction with the process and results of dispute resolution; and

[(8) The Department of Justice, the Dispute Resolution Commission and the Oregon Department of Administrative Services shall jointly report to the Legislative Assembly on or before January 15 of each odd-numbered year regarding any additional programs implemented under subsection (5) of this section.]

SECTION 27a. ORS 183.502, as amended by section 27 of this 2003 Act, is amended to read:

(2) An agency that elects to utilize alternative means of dispute resolution shall inform and may consult with [the Mark O. Hatfield School of Government,] the Department of Justice and the Oregon Department of Administrative Services in developing a policy or program for implementation of alternative means of dispute resolution.

(3) The Attorney General, in consultation with [the Mark O. Hatfield School of Government and] the Oregon Department of Administrative Services, may develop for agencies model rules for the implementation of alternative means of dispute resolution. An agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures of ORS 183.325 to 183.410. Notice of the adoption of all or part of the model rules must be filed by the agency with the Secretary of State in the manner provided by ORS 183.355 for the filing of rules.

(5) The Department of Justice, [the Mark O. Hatfield School of Government,] the Oregon Department of Administrative Services and the Governor shall collaborate to increase the use of alternative dispute resolution to resolve disputes involving the State of Oregon by:

(a) Assisting agencies to develop a policy for alternative means of dispute resolution;

(b) Assisting agencies to develop or expand flexible and diverse agency programs that provide alternative means of dispute resolution; and

(6) Agencies with alternative dispute resolution programs shall seek to identify cases appropriate for mediation and other means of alternative dispute resolution and to design systems and procedures to resolve those cases.

(7) The purpose of the agency alternative dispute resolution programs is to:

(a) Increase agency efficiency;

(b) Increase public and agency satisfaction with the process and results of dispute resolution; and

SECTION 27b. The amendments to ORS 183.502 by section 27a of this 2003 Act become operative on January 2, 2006.

SECTION 28. ORS 197.830 is amended to read:

197.830. (1) Review of land use decisions or limited land use decisions under ORS 197.830 to 197.845 shall be commenced by filing a notice of intent to appeal with the Land Use Board of Appeals.

(2) Except as provided in ORS 197.620 (1) and (2), a person may petition the board for review of a land use decision or limited land use decision if the person:

(a) Filed a notice of intent to appeal the decision as provided in subsection (1) of this section; and

(b) Appeared before the local government, special district or state agency orally or in writing.

(3) If a local government makes a land use decision without providing a hearing, except as provided under ORS 215.416 (11) or 227.175 (10), or the local government makes a land use decision that is different from the proposal described in the notice of hearing to such a degree that the notice of the proposed action did not reasonably describe the local government’s final actions, a person adversely affected by the decision may appeal the decision to the board under this section:

(a) Within 21 days of actual notice where notice is required; or

(b) Within 21 days of the date a person knew or should have known of the decision where no notice is required.

(4) If a local government makes a land use decision without a hearing pursuant to ORS 215.416 (11) or 227.175 (10):

(a) A person who was not provided mailed notice of the decision as required under ORS 215.416 (11)(c) or 227.175 (10)(c) may appeal the decision to the board under this section within 21 days of receiving actual notice of the decision.

(b) A person who is not entitled to notice under ORS 215.416 (11)(c) or 227.175 (10)(c) but who is adversely affected or aggrieved by the decision may appeal the decision to the board under this section within 21 days after the expiration of the period for filing a local appeal of the decision established by the local government under ORS 215.416 (11)(a) or 227.175 (10)(a).

(c) A person who receives mailed notice of a decision made without a hearing under ORS 215.416 (11) or 227.175 (10) may appeal the decision to the board under this section within 21 days of receiving actual notice of the nature of the decision, if the mailed notice of the decision did not reasonably describe the nature of the decision.

(d) Except as provided in paragraph (c) of this subsection, a person who receives mailed notice of a decision made without a hearing under ORS 215.416 (11) or 227.175 (10) may not appeal the decision to the board under this section.

(5) If a local government makes a limited land use decision which is different from the proposal described in the notice to such a degree that the notice of the proposed action did not reasonably describe the local government’s final actions, a person adversely affected by the decision may appeal the decision to the board under this section:

(a) Within 21 days of actual notice where notice is required; or

(b) Within 21 days of the date a person knew or should have known of the decision where no notice is required.

(6)(a) Except as provided in paragraph (b) of this subsection, the appeal periods described in subsections (3), (4) and (5) of this section shall not exceed three years after the date of the decision.

(b) If notice of a hearing or an administrative decision made pursuant to ORS 197.195 or 197.763 is required but has not been provided, the provisions of paragraph (a) of this subsection do not apply.

(7)(a) Within 21 days after a notice of intent to appeal has been filed with the board under subsection (1) of this section, any person may intervene in and be made a party to the review proceeding upon a showing of compliance with subsection (2) of this section.

(b) Notwithstanding the provisions of paragraph (a) of this subsection, persons who may intervene in and be made a party to the review proceedings, as set forth in subsection (1) of this section, are:

(A) The applicant who initiated the action before the local government, special district or state agency; or

(B) Persons who appeared before the local government, special district or state agency, orally or in writing.

(c) Failure to comply with the deadline set forth in paragraph (a) of this subsection shall result in denial of a motion to intervene.

(8) If a state agency whose order, rule, ruling, policy or other action is at issue is not a party to the proceeding, it may file a brief with the board as if it were a party. The brief shall be due on the same date the respondent’s brief is due.

(9) A notice of intent to appeal a land use decision or limited land use decision shall be filed not later than 21 days after the date the decision sought to be reviewed becomes final. A notice of intent to appeal plan and land use regulation amendments processed pursuant to ORS 197.610 to 197.625 shall be filed not later than 21 days after notice of the decision sought to be reviewed is mailed or otherwise submitted to parties entitled to notice under ORS 197.615. Failure to include a certificate of mailing with the notice mailed under ORS 197.615 shall not render the notice defective. Copies of the notice of intent to appeal shall be served upon the local government, special district or state agency and the applicant of record, if any, in the local government, special district or state agency proceeding. The notice shall be served and filed in the form and manner prescribed by rule of the board and shall be accompanied by a filing fee of $175 and a deposit for costs to be established by the board. If a petition for review is not filed with the board as required in subsections (10) and (11) of this section, the filing fee and deposit shall be awarded to the local government, special district or state agency as cost of preparation of the record.

(10)(a) Within 21 days after service of the notice of intent to appeal, the local government, special district or state agency shall transmit to the board the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding the record may be shortened. The board may require or permit subsequent corrections to the record; however, the board shall issue an order on a motion objecting to the record within 60 days of receiving the motion.

(b) Within 10 days after service of a notice of intent to appeal, the board shall provide notice to the petitioner and the respondent of their option to enter into mediation pursuant to ORS 197.860. Any person moving to intervene shall be provided such notice within seven days after a motion to intervene is filed. The notice required by this paragraph shall be accompanied by a statement that mediation information or assistance may be obtained from the Department of Land Conservation and Development[, the coordinating agency for the Natural Resources Section of the Public Policy Dispute Resolution Program].

(11) A petition for review of the land use decision or limited land use decision and supporting brief shall be filed with the board as required by the board under subsection (13) of this section.

(12) The petition shall include a copy of the decision sought to be reviewed and shall state:

(a) The facts that establish that the petitioner has standing.

(b) The date of the decision.

(13)(a) The board shall adopt rules establishing deadlines for filing petitions and briefs and for oral argument.

(b) At any time subsequent to the filing of a notice of intent and prior to the date set for filing the record, the local government or state agency may withdraw its decision for purposes of reconsideration. If a local government or state agency withdraws an order for purposes of reconsideration, it shall, within such time as the board may allow, affirm, modify or reverse its decision. If the petitioner is dissatisfied with the local government or agency action after withdrawal for purposes of reconsideration, the petitioner may refile the notice of intent and the review shall proceed upon the revised order. An amended notice of intent shall not be required if the local government or state agency, on reconsideration, affirms the order or modifies the order with only minor changes.

(14) The board shall issue a final order within 77 days after the date of transmittal of the record. If the order is not issued within 77 days the applicant may apply in Marion County or the circuit court of the county where the application was filed for a writ of mandamus to compel the board to issue a final order.

(15)(a) Upon entry of its final order the board may, in its discretion, award costs to the prevailing party including the cost of preparation of the record if the prevailing party is the local government, special district or state agency whose decision is under review. The deposit required by subsection (9) of this section shall be applied to any costs charged against the petitioner.

(b) The board shall also award reasonable attorney fees and expenses to the prevailing party against any other party who the board finds presented a position without probable cause to believe the position was well-founded in law or on factually supported information.

(16) Orders issued under this section may be enforced in appropriate judicial proceedings.

(17)(a) The board shall provide for the publication of its orders that are of general public interest in the form it deems best adapted for public convenience. The publications shall constitute the official reports of the board.

(b) Any moneys collected or received from sales by the board shall be paid into the Board Publications Account established by ORS 197.832.

(18) Except for any sums collected for publication of board opinions, all fees collected by the board under this section that are not awarded as costs shall be paid over to the State Treasurer to be credited to the General Fund.

SECTION 29. ORS 339.333 is amended to read:

339.333. (1) The Center for School Safety shall be governed by a board of directors. The board of directors shall consist of:

(a) The Superintendent of Public Instruction or a designee of the superintendent;

(b) The Director of the Oregon Youth Authority or a designee of the director;

(d) The Superintendent of State Police or a designee of the superintendent;

(e) The Director of Human Services or a designee of the director;

[(f) The director of the Dispute Resolution Commission or a designee of the director;]

[(g)] (f) Nine members appointed by the Governor, as follows:

(A) One member representing the Oregon School Boards Association;

(B) One member representing the Confederation of Oregon School Administrators;

(D) One member representing the Oregon School Employees Association;

(E) One member representing the Oregon State Sheriffs’ Association;

(F) One member representing the Oregon Association Chiefs of Police;

(G) One member representing the Oregon District Attorneys Association;

(H) One member representing the National Resource Center for Safe Schools on the Northwest Regional Educational Laboratory; and

(I) One member representing the Oregon School Safety Officers Association; and

[(h)] (g) Other members that the board may appoint.

(2) When making appointments to the board of directors, the Governor shall solicit recommendations from professional organizations that represent school employees, school district boards, school administrators and other education providers.

(3) The term of office of each board member appointed by the Governor is two years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a board member, the Governor shall appoint a successor. A board member is eligible for reappointment but shall not serve for more than two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A member of the board of directors is entitled to compensation and expenses as provided in ORS 292.495.

(5) The board of directors shall meet a minimum of four times per year.

(6) The board of directors shall annually elect a chairperson and vice chairperson from the membership. The board of directors may form committees as needed.

SECTION 30. ORS 352.066 is amended to read:

352.066. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Mark O. Hatfield School of Government. The Mark O. Hatfield School of Government shall be administered by Portland State University. The president of Portland State University shall appoint the director of the Mark O. Hatfield School of Government.

(2) The purpose of the Mark O. Hatfield School of Government is:

(a) To prepare students for careers in political service, public administration and the administration of justice.

(b) To perform the duties required of the school under ORS 183.502.

SECTION 30a. ORS 352.066, as amended by section 30 of this 2003 Act, is amended to read:

352.066. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Mark O. Hatfield School of Government. The Mark O. Hatfield School of Government shall be administered by Portland State University. The president of Portland State University shall appoint the director of the Mark O. Hatfield School of Government.

(2) The purpose of the Mark O. Hatfield School of Government is[:]

[(a)] to prepare students for careers in political service, public administration and the administration of justice.

[(b) To perform the duties required of the school under ORS 183.502.]

SECTION 30b. The amendments to ORS 352.066 by section 30a of this 2003 Act become operative on January 2, 2006.

SECTION 31. (1) There is created within the Department of Higher Education the University of Oregon School of Law. The school shall be administered by the University of Oregon.

(2) The purpose of the school is:

(a) To prepare students for careers in the legal profession; and

(b) To perform the duties required of the school under ORS 36.100 to 36.238.

(3) The president of the University of Oregon shall appoint the Dean of the University of Oregon School of Law.

SECTION 31a. Section 31 of this 2003 Act is amended to read:

Sec. 31. (1) There is created within the Department of Higher Education the University of Oregon School of Law. The school shall be administered by the University of Oregon.

(2) The purpose of the school is[:]

[(a)] to prepare students for careers in the legal profession[; and]

[(b) To perform the duties required of the school under ORS 36.100 to 36.238].

(3) The president of the University of Oregon shall appoint the Dean of the University of Oregon School of Law.

SECTION 31b. The amendments to section 31 of this 2003 Act by section 31a of this 2003 Act become operative on January 2, 2006.

SECTION 32. ORS 390.240 is amended to read:

390.240. (1) The following disputes shall be submitted to mediation and if mediation is not successful to arbitration as described in this section:

(a) A dispute with regard to the issuance of an archaeological permit under ORS 390.235; or

(b) A dispute over the disposition of human skeletal remains or burial goods under ORS 97.750.

(2) The State Parks and Recreation Commission in consultation with the [Dispute Resolution Commission] Mark O. Hatfield School of Government and the governing bodies of the Oregon Indian tribes shall adopt rules to establish mediation and arbitration procedures. Such rules shall provide for appeal as described in ORS 36.365.

[(3) Until rules are adopted and procedures implemented under subsection (2) of this section, the State Parks and Recreation Commission shall adopt interim rules that provide for resolution of disputes. The arbitration panel under such a program shall consist of:]

[(a) The State Historic Preservation Officer or the officer’s designee;]

[(b) A representative of the Commission on Indian Services;]

[(c) A representative of the Oregon State Museum of Anthropology;]

[(d) A representative of a governing body of a federally recognized Oregon Indian tribe; and]

[(e) A representative of the public, selected by the Dispute Resolution Commission.]

SECTION 32a. ORS 390.240, as amended by section 32 of this 2003 Act, is amended to read:

390.240. (1) The following disputes shall be submitted to mediation and if mediation is not successful to arbitration as described in this section:

(a) A dispute with regard to the issuance of an archaeological permit under ORS 390.235; or

(b) A dispute over the disposition of human skeletal remains or burial goods under ORS 97.750.

(2) The State Parks and Recreation Commission in consultation with [the Mark O. Hatfield School of Government and] the governing bodies of the Oregon Indian tribes shall adopt rules to establish mediation and arbitration procedures. Such rules shall provide for appeal as described in ORS 36.365.

SECTION 32b. The amendments to ORS 390.240 by section 32a of this 2003 Act become operative on January 2, 2006.

SECTION 33. ORS 36.115, 36.120, 36.125, 36.130, 36.140, 36.180 and 36.245 are repealed.

SECTION 34. Notwithstanding any other law limiting expenditures, the amount of $1,970,115 is established for the biennium beginning July 1, 2003, as the maximum limit for expenditures by the Department of Higher Education for the purpose of distribution under ORS 36.155, for payment of administrative costs and other expenses of the University of Oregon School of Law in carrying out the responsibilities of the school under ORS 36.100 to 36.238 and for payment of administrative costs and other expenses of the Mark O. Hatfield School of Government in carrying out the responsibilities of the school under ORS 183.502.

SECTION 35. Notwithstanding any other law limiting expenditures, the amount of $180,000 is established for the biennium beginning July 1, 2003, as the maximum limit for payment by the Oregon Department of Administrative Services of unemployment compensation, accrued paid vacation leave and other obligations of the Dispute Resolution Commission.

SECTION 36. Notwithstanding any other law limiting expenditures, the amount of $800,000 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses of the Judicial Department in providing mediation and arbitration services in the courts of this state from moneys distributed to the department from the Dispute Resolution Account.

SECTION 37. Notwithstanding any other law appropriating moneys, the appropriation out of the General Fund for the Judicial Department established in section 1 (1), chapter 717, Oregon Laws 2003 (Enrolled Senate Bill 5523), for the biennium beginning July 1, 2003, is decreased by $800,000.

SECTION 38. ORS 36.135, 36.150, 36.155, 36.160, 36.165 and 36.175 are repealed.

SECTION 39. The repeal of ORS 36.135, 36.150, 36.155, 36.160, 36.165 and 36.175 by section 38 of this 2003 Act becomes operative on January 2, 2006.

SECTION 40. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor September 22, 2003

Filed in the office of Secretary of State September 22, 2003

Effective date September 22, 2003

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