OAR 265-005-0010: Burden of Proof

(1) For any collective bargaining agreement entered into or renewed on or after July 1, 2021, for all disciplinary actions imposed upon a law enforcement officer, a disciplining body has the burden to prove by a preponderance of evidence that the officer engaged in misconduct and that any disciplinary action taken against the officer was with just cause as defined by ORS 236.350. (2) No collective bargaining agreement entered into or renewed on or after July 1, 2021, may include a standard of just cause for law enforcement officers other than the standard as defined in ORS 243.808 and 236.350.