1. (1) The department may take disciplinary action that may include dismissal of a department employee who performs one or more of the functions described in OAR 740-020-0010(2) if the employee:

   1. (a) Is employed on or before September 1, 2003, and fails to file the statement required by ORS 823.007 before September 15, 2003;
   2. (b) Is employed after September 1, 2003, and fails to file the statement required by ORS 823.007 before the 15th day after the date of employment;
   3. (c) Fails to file the supplementary statement required by ORS 823.007 before the 15th day following acquisition of a pecuniary interest; or
   4. (d) Fails to cause divestiture of a pecuniary interest within the time specified in an order issued pursuant to ORS 823.007.

2. (2) Dismissal of an employee under section (1) of this rule is subject to either:

   1. (a) The procedure and appeal as provided in ORS 240.555 and 240.560 for unrepresented employees; or
   2. (b) The labor agreement for represented employees.
3. (3) An employee dismissed under section (2) is eligible for reemployment.

Statutory/Other Authority

ORS 184.616, 184.619 & 823.007

Statutes/Other Implemented

ORS 823.007

History

MCTD 3-2003, f. & cert. ef. 7-17-03