justicedao/ipfs_state_laws huggingface dataset:
648-030-0040 Geographic Representation (1) In addition to the qualifications set forth in OAR 648-030-0030, the Director shall appoint producer commissioners so that each of the following hemp-producing regions of the state is represented by one producer as follows: (a) Central, consisting of Crook, Deschutes, Gilliam, Jefferson, Lake, Morrow, Sherman, Wasco, and Wheeler counties, represented by Producer 1; (b) Eastern, consisting of Baker, Grant, Harney, Malheur, Umatilla, Union, and Wallowa counties, represented by Producer 2; (c) Northwest, consisting of Benton, Clatsop, Columbia, Clackamas, Hood River, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill counties, represented by Producer 3; and (d) Southwest, consisting of Coos, Curry, Douglas, Jackson, Josephine, and Klamath counties, represented by Producer 4. (2) Two producers (Producer 5 and Producer 6) shall represent the state at-large, and to the extent possible the Director shall appoint individuals who represent otherwise-underrepresented aspects of hemp production or who represent communities that are otherwise underrepresented in hemp production. (3) To the extent possible, the two Handler commissioners (Handler 1 and Handler 2) shall represent separate types of processing, such as for CBD (essential oils), for fiber, or for grain. (4) Notwithstanding section (1) of this rule, if a position remains vacant for more than 45 days despite reasonable efforts to recruit a member from a specific region, the Director may appoint a person who meets the qualifications in all other ways. Once that person’s term(s) expires and he or she is not reappointed, the position will again be subject to the geographic and processing qualification requirements. Statutory/Other Authority: ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19), ORS 571.406(7) & ORS 571.406(8) History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-030-0050 Chairperson and Other Officers (1) Annually, at the Commission’s budget hearing for the new fiscal year, the Commission shall elect from the commissioners a Chairperson, a Vice Chairperson, and a Secretary/Treasurer (collectively, "officers"), who shall serve until their successors are elected. (2) Any officer may resign or may be removed as an officer by a vote of five of the commissioners. If any officer ceases to be a commissioner, the office shall be vacant and a successor shall be elected at the next meeting of the Commission. (3) The Chairperson shall preside over all meetings of the Commission. The Vice Chairperson or Secretary/Treasurer shall act in lieu of the Chairperson when the Chairperson is unable to perform the duties of the office or while the office is vacant. Statutory/Other Authority: ORS 571.406(3) & ORS 571.423(19) Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19) & ORS 571.406(9) History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-030-0060 Removal of Commissioners (1) The Director of the Department of Agriculture may remove a commissioner from office for cause and declare the position vacant. (2) The Commission may make a recommendation regarding removal of a commissioner to the Director of the Department of Agriculture, or the Director may request a recommendation from the Commission on the removal of any commissioner. (3) The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office for cause, and declare the position vacant, for the following reasons: (a) Three unexcused absences during the commissioner’s term in office, or other neglect of duty in office; (b) Use of the commissioner position for personal financial gain or to avoid personal financial detriment; (c) Unauthorized use or disclosure of confidential information; (d) Conduct in violation of Oregon government ethics law; (e) Conduct in violation of Oregon public meeting or public records law; (f) Misappropriation or misuse of Commission funds; (g) Failure to act for the positive economic benefit of the commodity; or (h) Failure to satisfy one or more qualifications for appointment. Statutory/Other Authority: ORS 571.406(3), ORS 571.423(19) & ORS 571.414 Statutes/Other Implemented: ORS 571.406(3), ORS 571.423(19), ORS 571.410, ORS 571.412 & ORS 571.414 History: HEMP 2-2022, adopt filed 06/29/2022, effective 06/29/2022
648-040-0100 Definitions (1) “Actual and necessary” means that a travel or other expense: (a) Is an actual expense incurred by a member in carrying out official duties; and (b) The expense is necessary to enable the member to carry out official duties. (2) “Member” means any individual appointed by the Director of Agriculture to serve on the Oregon Hemp Commission. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but are not limited to, expenses incurred by a member of the Oregon Hemp Commission in employing a substitute to perform duties, including personal, normally performed by the member which the member is unable to perform because of the performance of official duties and which by the nature of such duties cannot be delayed without risk to health or safety. No member shall be reimbursed for expenses incurred in employing a substitute in excess of $25 per day. (5) “Official duties” includes: (a) Attendance at an Oregon Hemp Commission meeting or committee or subcommittee meeting; (b) Substantial preparation for an Oregon Hemp Commission meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Hemp Commission, either at the request of the chair of the Oregon Hemp Commission or as authorized in advance by a vote of the Oregon Hemp Commission; and (d) Legislative testimony. (6) “Qualified member” means a member who is not in full-time public service and who had an adjusted gross income in the previous tax year: (a) Of less than $50,000, as reported on an income tax return other than a joint income tax return; or (b) Of less than $100,000, as reported on a joint income tax return. (7) “Travel and other expenses” includes meals and overnight lodging within reasonable limits, transportation, postage, and the cost of attending, as a representative of the Oregon Hemp Commission, an event associated with promotion of a commodity, such as a trade show, festival, stock show, county fair, or state fair. “Travel and other expenses” does not include: (a) Attendance at a sporting event, concert, theatrical or dance performance, or movie, including such events that occur at a trade show, festival, stock show, county fair, or state fair; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Hemp Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Hemp Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 571.406(3), ORS 571.417 & ORS 571.423 Statutes/Other Implemented: ORS 571.417 & ORS 292.495 History: HEMP 5-2022, adopt filed 08/15/2022, effective 08/15/2022
648-040-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 648-040-0130 and 648-040-0140, the Oregon Hemp Commission shall provide to a qualified member of the Oregon Hemp Commission: (a) Per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the qualified member is actually engaged in the performance of official duties; and (b) Reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Hemp Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Hemp Commission. Statutory/Other Authority: ORS 571.406(3), ORS 571.417 & ORS 571.423 Statutes/Other Implemented: ORS 571.417 & ORS 292.495 History: HEMP 5-2022, adopt filed 08/15/2022, effective 08/15/2022
648-040-0120 Non-Qualified Members (1) In accordance with the procedures set forth in 648-040-0130, and only if there are funds available in the budget for such compensation, the Oregon Hemp Commission shall provide to a non-qualified member of the Oregon Hemp Commission who is not employed in full-time public service per diem compensation equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each day or portion thereof during which the non-qualified member is actually engaged in the performance of official duties. (2) In accordance with the procedures set forth in 648-040-0140, the Oregon Hemp Commission shall provide to a non-qualified member of the Oregon Hemp Commission reimbursement of actual and necessary travel or other expenses actually incurred in the performance of a non-qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (3) A non-qualified member of the Oregon Hemp Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Hemp Commission. Statutory/Other Authority: ORS 571.406(3), ORS 571.417 & ORS 571.423 Statutes/Other Implemented: ORS 571.417 & ORS 292.495 History: HEMP 5-2022, adopt filed 08/15/2022, effective 08/15/2022
648-040-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Hemp Commission no later than the 15th day of the calendar month following the month for which the member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The member must specify the amount of time the member spent performing official duties, as well as the nature of the official duties performed, for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 571.406(3), ORS 571.417 & ORS 571.423 Statutes/Other Implemented: ORS 571.417 & ORS 292.495 History: HEMP 5-2022, adopt filed 08/15/2022, effective 08/15/2022
648-040-0140 Procedures for Expense Reimbursement (1) A member must submit a written, itemized claim for reimbursement of actual and necessary travel or other expenses to the Oregon Hemp Commission no later than the 15th day of the calendar month following the month in which the member incurred the expense. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; (b) Nature of the expense; and (c) Amount of the expense. (2) An expense that exceeds $1,000 must be authorized by the Oregon Hemp Commission before the member incurs the expense. Statutory/Other Authority: ORS 571.406(3), ORS 571.417 & ORS 571.423 Statutes/Other Implemented: ORS 571.417 & ORS 292.495 History: HEMP 5-2022, adopt filed 08/15/2022, effective 08/15/2022
648-050-0010 Purpose and Objectives OAR chapter 648, division 50, implements ORS 571.444, which authorizes Commission to develop intellectual property that relates to hemp or assists in the implementation, maintenance or development of Commission programs. ORS 571.444 requires the Commission to adopt rules to govern the ownership, management, disposal and use of intellectual property and other activities of the Commission relating to intellectual property. Statutory/Other Authority: ORS 571.423 (19) & ORS 571.444 Statutes/Other Implemented: ORS 571.444 History: HEMP 3-2022, adopt filed 08/15/2022, effective 08/15/2022
648-050-0020 Definitions The following definitions apply to the rules in OAR chapter 648, division 50, unless the context clearly requires otherwise: (1) “Commission” means the State of Oregon, acting by and through the Oregon Hemp Commission. (2) “Copyright” means a comprehensive privilege to exclusively print, reprint, publish, copy, translate, dramatize, convert, arrange, adapt, complete, execute, finish, deliver in public, perform, and transcribe an original work pursuant to 17 USC §§ 101-1511 (2021). (3) “Intellectual Property” has the meaning given in ORS 571.444: “patents, copyrights, trademarks, inventions, discoveries, processes, ideas and other similar property, whether or not they are patentable or copyrightable. (4) “Licensing Agreement” means a binding contractual instrument between the Commission and a Person identifying the terms and conditions by which such Person may use Commission Intellectual Property. (5) “Patent” means an instrument issued by the federal government pursuant to 35 USC §§ 1-390 (2021) granting to original inventors the exclusive right for a period of time to manufacture, sell, and use the invention described therein. (6) “Person” means a person as defined in in ORS 174.100, including individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. “Person” also means a federal, state, or local government body, a Native American tribe, or an agent or representative of any of the foregoing. (7) “Trademark” has the meaning given in 15 USC § 1127 (2021). Statutory/Other Authority: ORS 571.423(19) & ORS 571.444 Statutes/Other Implemented: ORS 571.444 History: HEMP 3-2022, adopt filed 08/15/2022, effective 08/15/2022
648-050-0030 Authority to Own, Manage, Dispose of, and Use Intellectual Property The Commission may, at its discretion, take actions that it deems necessary and appropriate to own, manage, dispose of, use, and allow other Persons to use Intellectual Property. Such actions may include, but are not limited to, applying for Patents, Copyright or Trademark registrations to perfect or preserve its rights with respect to Intellectual Property; employing Intellectual Property for its own use; and requiring other Persons to execute Licensing Agreements or other documents satisfactory to the Commission as a condition for licensing, sharing, or otherwise obtaining use of Intellectual Property from the Commission. Statutory/Other Authority: ORS 571.423(19) & ORS 571.444 Statutes/Other Implemented: ORS 571.444 History: HEMP 3-2022, adopt filed 08/15/2022, effective 08/15/2022
648-050-0040 Guidelines Concerning Acquisition and Use of Intellectual Property (1) The Commission may, at its discretion, license, share with, or otherwise provide for the use by a Person of Intellectual Property acquired or developed by the Commission. In determining whether or not to allow use of its Intellectual Property, the Commission may consider factors including, but not necessarily limited to, the public interest served in allowing its use; the cost and administrative burden of allowing its use; the furtherance of Commission purposes through allowing its use; the potential liability from allowing its use; the Commission’s experience with the Person; the reputation in the community of the Person; the ability of the Person to pay an appropriate fee for the use of the Intellectual Property; the Person’s execution of a Licensing Agreement or other documents satisfactory to the Commission; and the impact of allowing its use on the ability of the Commission to acquire or develop additional Intellectual Property. (2) The Commission may, at its discretion, enter into agreements, including but not necessarily limited to materials transfer agreements, memoranda of understanding, or a license to use Intellectual Property. In determining whether or not to enter into such agreements, the Commission may consider factors including, but not necessarily limited to, the public interest served in allowing its use; the cost and administrative burden of allowing its use; the furtherance of Commission purposes through allowing its use; the potential liability from allowing its use; the Commission’s experience with the Person; the reputation in the community of the Person; the Person’s execution of a Licensing Agreement or other documents satisfactory to the Commission; and the impact of allowing its use on the ability of the Commission to acquire or develop additional Intellectual Property. Statutory/Other Authority: ORS 571.423(19) & ORS 571.444 Statutes/Other Implemented: ORS 571.444 History: HEMP 3-2022, adopt filed 08/15/2022, effective 08/15/2022
648-050-0050 Fees and Other Moneys Received by the Commission (1) The Commission may, at its discretion, charge fees for the licensing, sharing or other use of its Intellectual Property. (2) In establishing fees, the Commission may consider factors including, but not necessarily limited to, its costs in acquiring, developing, protecting, maintaining, marketing, licensing (or otherwise allowing the use), and monitoring the use of Intellectual Property generally and of the particular Intellectual Property specifically; the demand for the Intellectual Property; market rates for similar or comparable products; Commission needs; the nature and resources of the Person desiring to use the Intellectual Property; the purposes for which the Intellectual Property will be used; and the public interest in its use. (3) Payment of fees shall be made in the amount and at such time, place, and manner as the Commission requires. (4) Moneys received by the Commission as a result of the ownership, management, disposal, or use of Intellectual Property, or other activities of the Commission relating to intellectual property, shall be deposited into the account established by the Commission as described in ORS 571.471. Statutory/Other Authority: ORS 571.423(19) & ORS 571.444 Statutes/Other Implemented: ORS 571.444 History: HEMP 3-2022, adopt filed 08/15/2022, effective 08/15/2022
648-050-0060 Waiver or Modification The Commission may, in the exercise of its discretion, waive or modify any requirements of OAR chapter 648, division 50, unless such waiver or modification would violate applicable federal or state law. Statutory/Other Authority: ORS 571.423(19) & ORS 571.444 Statutes/Other Implemented: ORS 571.444 History: HEMP 3-2022, adopt filed 08/15/2022, effective 08/15/2022
656-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending, or repealing any permanent rule, the Oregon Trawl Commission will give notice of the intended action: (1) By causing the notice to be published in the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days before the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Trawl Commission mailing list established pursuant to ORS 183.335(7), at least 28 days before the effective date of the rule. (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) Associations with an interest in Commission’s rulemaking and publications whose readers have an interest in Commission’s activities; and (c) Newspapers in primary regions of the commodities represented by the Commission. Statutory/Other Authority: ORS 576.305 Statutes/Other Implemented: ORS 183.341(4) History: OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01 OTC 1-1995, f. & cert. ef. 10-2-95 OTC 1-1978, f. & ef. 7-6-78
656-010-0000 Definition (1) Ocean trawling is defined as using a trawl vessel with a federal ‘A’ permit to harvest groundfish as identified by the Pacific Fishery Management Council within the allotted trawl quota or by harvesting any other species with a trawl net (e.g. pink shrimp, Pandalus jordani). The trawl vessel uses a trawl net, other gear types, or any combination thereof in harvesting. (2) “Trawl Net” means a bag-shaped net composed of wings, body, intermediate and cod-end section, held open by two boats, otter boards, trawl doors, or a fixed beam frame commonly known as a “beam trawl”. The cod-end section is the last 50 meshes of a trawl net. The intermediate section is the next 50 meshes forward of the cod-end section. (3) Other gear types are defined as pot and longline gear. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OTC 1-2011, f. & cert. ef. 11-30-11 OTC 1-1981, f. & ef. 8-17-81
656-010-0010 Assessment Any person who is a first purchaser as defined in ORS Chapter 576 shall deduct and withhold an assessment at the rate of 1/2% (0.5 percent) on the full amount of the delivered product of fish and shellfish taken (produced) by ocean trawling. This assessment deduction shall be made upon the boat portion of incoming revenue thereof, for fish and shellfish taken (produced) by ocean trawling and delivered to an Oregon Port. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OTC 1-2011, f. & cert. ef. 11-30-11 OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01 OTC 1-1997, f. & cert. ef. 5-14-97 OTC 5, f. 3-19-69, ef. 4-1-69 OTC 4, f. 9-19-67, ef. 10-1-67 OTC 3, f. 12-18-63, ef. 1-1-64
656-010-0015 Reports and Payment by First Purchaser (1) The assessment deducted and withheld by a first purchaser as required by OAR 656-010-0010, shall be paid to the Oregon Trawl Commission on a monthly basis, commencing for the month of January, 1964. (2) The assessment required by section (1) of this rule shall be due and payable to the Oregon Trawl Commission and shall be postmarked by the 20th day of the following month. (3) Within 20 days after the end of each calendar month, the first purchaser shall forward to the Oregon Trawl Commission, reporting forms which shall be approved by and furnished by such commission. The forms shall be signed by the first purchaser and filled in with the required data as shown on such forms, including, but not limited to, the date the fish and shellfish taken (produced) by trawling and delivered at an Oregon port were handled from the producer thereof; the name of such fish and shellfish producer; the boat name; the full amount paid for that delivered product, and the assessment deducted and withheld from the boat portion accruing to such fish and shellfish producer. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.335 History: OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01 OTC 3, f. 12-18-63, ef. 1-1-64
656-010-0020 Producer to Make Reports of and Pay Assessment Moneys on Certain Sales Pursuant to ORS Chapter 576.345: “Any producer who performs the handling or processing functions on all or a part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by and pay the assessment moneys directly to the commission, unless the first purchaser from such producer voluntarily makes the proper deduction and remits the proceeds to the commission.” Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576.345 History: OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01 OTC 3, f. 12-18-63, ef. 1-1-64
656-010-0025 Casual Sales Casual sales by a producer of fish and shellfish taken (produced) by ocean trawling shall not be subject to the assessment due and payable to the Oregon Trawl Commission. "Casual Sales," as referred to in ORS 576.325 is defined as sale or sales of fish and shellfish sold by the producer direct to a consumer. Statutory/Other Authority: ORS 576 Statutes/Other Implemented: ORS 576 History: OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01 OTC 3, f. 12-18-63, ef. 1-1-64