justicedao/ipfs_state_laws huggingface dataset:
605-010-0010 Collection of Assessment (1) Producers of cattle (live domestic bovine animals regardless of age) shall pay $1.50 on each head sold in Oregon as set forth in ORS 577.512 and 577.532, which authorize collection of assessments in the following manner: (a) As ordered by the United States Secretary of Agriculture pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. 2901 to 2918; 7 CFR §1260, currently in the amount of $1.00 per head; and (b) As authorized by ORS 577.512 and 577.532. (2) Out of the $1.00 total assessment ordered by the United States Secretary of Agriculture pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. 2901 to 2918; 7 CFR §1260, the Oregon Beef Council (Council) shall be credited 50 cents of the $1.00 per head by the Cattlemen's Beef Board and the Council shall allocate those funds pursuant to the Beef Promotion and Research Act of 1985 and pursuant to ORS 577.290. (3) The Council shall allocate the remaining 50 cents as provided in ORS 577.532. (4) The Council shall assess, levy, and collect assessments as set forth in these rules. (5) The Oregon Department of Agriculture (Department) shall act as agent for the Council and must collect assessments ordered by the United States Secretary of Agriculture and the Council in the same time, manner, and place that the Department collects brand inspection fees on cattle, cattle hides, and calves. Statutory/Other Authority: ORS 577.125(1)(e) Statutes/Other Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365 & 576.392 History: BC 1-2006, f. & cert.ef. 6-27-06
605-010-0020 Procedure for Collecting Assessment (1) The assessment must be collected as part of the Oregon Department of Agriculture’s Brand Department inspection. Of the $1.50 per head assessed, the Department shall forward 50 cents per head to the Cattlemen’s Beef Board and $1.00 per head less an administrative collection fee to the Oregon Beef Council. The administrative fee will be proportioned 2/3 from the $1.00 authorized by the Beef Promotion and Research Act of 1985 and 1/3 from the collection of 50 cents pursuant to ORS 577.512 and 577.532. (2) The operator of a stockyard, slaughterhouse, packing plant or livestock auction market shall deduct any assessment from the proceeds of sale owed to the operator by the owner of an animal. (3) The operator shall pay the entire assessment to the Department. (4) When the operator provides a written statement of sale proceeds to the owner of an animal, the operator shall include a statement of the amount deducted from the proceeds for federal assessment, for state assessment, and for the Department’s brand inspection services. Statutory/Other Authority: ORS 577.125(1)(e) Statutes/Other Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365 & 576.392 History: BC 1-2006, f. & cert.ef. 6-27-06
605-010-0030 Exemptions from Assessment (1) Pursuant to ORS 577.512(4), no assessment shall be collected on: (a) Cattle and calves leaving Oregon solely for the purpose of pasturing in another state; (b) Cattle presented at a recognized livestock show or rodeo; (c) Cattle presented at a livestock auction market but not sold; (d) Cattle delivered outside this state, provided ownership of the cattle remains unchanged; (e) Cattle slaughtered for personal consumption; and (f) Cattle resold within 10 days after purchase where the assessment has already been collected. Statutory/Other Authority: ORS 577.125(1)(e) Statutes/Other Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365 & 576.392 History: BC 1-2006, f. & cert.ef. 6-27-06
605-010-0040 Procedures for Collecting Delinquent Assessments (1) In the event of delinquent assessments, the Department shall submit the name(s) and contact information of those who are delinquent and the amount(s) delinquent to the Council. (2) The Council will notify the Cattlemen’s Beef Board as such delinquency pertains to the $1.00 ordered under the Beef Promotion and Research Act of 1985. (3) The Council may as such delinquency pertains to the 50 cents authorized by ORS 577.512 and 577.532 send a demand letter. The demand letter shall include: (a) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355; (b) The amount of assessments and penalties owed; and (c) A procedure for requesting reconsideration. The Council may offer a payment plan and include a payment plan request form with a demand letter. If offered, a payment plan must be based on a documented need resulting in an inability to make full payment, be interest bearing, and not exceed one year. (4) The Council may refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter. (5) The Council may request that the Attorney General prosecute in the name of the State of Oregon suits and actions for the collection of assessments levied by the commission. Statutory/Other Authority: ORS 577.125(1)(e) Statutes/Other Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365 & 576.392 History: BC 1-2006, f. & cert.ef. 6-27-06
605-010-0050 Cancellation of Uncollectible Assessments The Council may cancel an uncollectible assessment consistent with ORS 293.240. Statutory/Other Authority: ORS 577.125(1)(e) Statutes/Other Implemented: ORS 577.532, House Bill 2656, ORS 577.512, 577.520, 577.290(2), 577.525, 576.355, 576.365 & 576.392 History: BC 1-2006, f. & cert.ef. 6-27-06
605-020-0010 Per Diem Compensation (1) Subject to the availability of funds in the budget of the commission, the Oregon Beef Council may pay any member of the commission, other than a member who is employed in full-time public service, compensation for each day or portion thereof during which the member is actually engaged in the performance of official commission duties. (2) The rate of compensation is limited to $30 per day, pursuant to ORS 292.495(1). (3) In order to receive compensation, a member must submit to the Oregon Beef Council a written claim for compensation by the 15th day of the calendar month following the month for which the member seeks compensation. The member must specify the amount of time the member spent on official commission duties as well as the nature of the duties performed for any day or portion thereof for which the member claims compensation. Statutory/Other Authority: ORS 292.495, 576.206, 576.416 & 577.260. Statutes/Other Implemented: ORS 292.495, 576.206(7) & 576.265. History: BC 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022 BC 1-2007, f. & cert. ef. 11-14-07
605-020-0020 Reimbursement of Travel and Other Expenses (1) Subject to sections (2)–(6) of this rule, a member of the Oregon Beef Council, including a member employed in full-time public service, may receive actual and necessary travel and other expenses actually incurred in the performance of the member’s official duties. (2) In order to receive reimbursement of actual and necessary travel and other expenses, a member must submit to the Oregon Beef Council a written itemized claim for reimbursement supported by receipts, invoices or other appropriate documentation for travel and other expenses by the 15th day of the calendar month following the month in which the member incurred the expense. The claim for reimbursement must include the following information for each expense: (a) Date on which the member incurred the expense; and (b) Nature of the expense; and (c) Amount of the expense. (3) An expense that exceeds $500.00 dollars must be authorized by the Oregon Beef Council before a member incurs the expense. (4) For the purposes of this rule, “travel and other expenses” are limited to reasonable expenses. An expense is reasonable if: (a) It is an actual expense incurred by a member in carrying out official commission business, which is within the member’s scope of responsibilities; and (b) The expense is necessary to enable the member to carry out official commission business. (5) For the purposes of this rule, “travel and other expenses” includes: (a) Meals. (b) Overnight lodging. (c) Transportation. (d) Postage. (e) Cost of attending an event associated with promotion of a commodity, such as a festival, stock show, county fair or state fair. (6) For the purposes of this rule, “travel and other expenses” does not include: (a) In-room movie rental. (b) Snacks and beverages offered for sale by a place of lodging. (c) Long distance telephone charges at a place of lodging. (d) Use of a gym or health club. (e) Cost of a gift for a host, business associate, commission member or employee, or family member. (f) Alcoholic beverages. Statutory/Other Authority: ORS 292.495, 576.206, 576.265, 576.311, 576.416, 576.440 & 577.260. Statutes/Other Implemented: ORS 292.495, 576.206(7) & 576.265. History: BC 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022 BC 1-2007, f. & cert. ef. 11-14-07
605-020-0030 Reimbursement for Hiring a Substitute (1) As used in OAR 605-020-0010, “other expenses” includes expenses incurred by a member of the Oregon Beef Council in employing a substitute to perform duties, including personal duties, 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. (2) The amount that a member may be reimbursed for expenses incurred in employing a substitute must not exceed $25 per day, pursuant to ORS 292.495(3). Statutory/Other Authority: ORS 292.495. Statutes/Other Implemented: ORS 292.495 & 576.206(7). History: BC 1-2021, temporary suspend filed 09/23/2021, effective 09/24/2021 through 03/22/2022 BC 1-2007, f. & cert. ef. 11-14-07
605-020-0100 COMMISSIONER PER DIEM AND REIMBURSEMENTS 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 Beef Council. (3) “Non-qualified member” means a member other than a qualified member. (4) “Other expenses” includes, but is not limited to, expenses incurred by a member of the Oregon Beef Council 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 Beef Council meeting or subcommittee meeting; (b) Substantial preparation for an Oregon Beef Council meeting or subcommittee meeting; (c) Attendance at a conference or other activity as a representative of the Oregon Beef Council, either at the request of the chair of the Oregon Beef Council or as authorized in advance by a vote of the Oregon Beef Council; 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, overnight lodging, transportation, postage, and the cost of attending, as a representative of the Oregon Beef Council, an event associated with marketing, promoting, researching, or representing the commodity, such as a trade show, stock show, county fair, state fair, conference, or training. “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, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Beef Council business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, contractor, Oregon Beef Council member or employee, or family member; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 577.260 & 577.290 Statutes/Other Implemented: ORS 577.260 & 292.495 History: BC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 BC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
605-020-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 605-0020-0130 and OAR 605-020-0140, the Oregon Beef Council shall provide to a qualified member of the Oregon Beef Council: (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 qualified member’s official duties within the limits provided in Oregon Accounting Manual Policy 40.10.00. (2) A qualified member of the Oregon Beef Council may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Beef Council. Statutory/Other Authority: ORS 577.260 & 577.290 Statutes/Other Implemented: ORS 577.260 & 292.495 History: BC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 BC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
605-020-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 605-020-01440, the Oregon Beef Council shall provide to a non-qualified member of the Oregon Beef Council 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. (2) A non-qualified member of the Oregon Beef Council may decline to accept reimbursement of expenses related to the non-qualified member’s service on the Oregon Beef Council. Statutory/Other Authority: ORS 577.260 & 577.290 Statutes/Other Implemented: ORS 577.260 & 292.495 History: BC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 BC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
605-020-0130 Procedures for Payment of Per Diem Compensation A qualified member must submit a written claim for compensation to the Oregon Beef Council no later than the 15th day of the calendar month following the month for which the qualified member seeks compensation. For example, a claim for compensation for May 1 and May 10 must be submitted by June 15. The qualified 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 qualified member claims compensation. Statutory/Other Authority: ORS 577.290 Statutes/Other Implemented: ORS 292.495 History: BC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 BC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
605-020-0140 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 Beef Council 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 $1500.00 must be authorized by the Oregon Beef Council before the member incurs the expense. Statutory/Other Authority: ORS 577.260 & 577.290 Statutes/Other Implemented: ORS 577.260 & 292.495 History: BC 2-2021, adopt filed 12/08/2021, effective 03/22/2022 BC 1-2021, temporary adopt filed 09/23/2021, effective 09/24/2021 through 03/22/2022
605-030-0010 Number of Commissioners, Terms The Oregon Beef Council will consist of eight (8) commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. In the case of an appointment to fill a vacancy, the appointee will serve the unexpired part of the term of that commissioner. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 577 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 577 History: BC 1-2004, f. & cert. ef. 1-15-04
605-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "beef producer" is a person who raises, breeds, or grows cattle or calves for beef production within the state. (b) A "dairy producer" is a person engaged in the production, on a dairy farm, of fluid milk. (c) A "handler" is a person actively engaged in the processing, slaughtering, handling or marketing of cattle. (2) Members of the Oregon Beef Council will have the following qualifications, which will continue during the term of office of the member: (a) Two members of the Council will be dairy producers; (b) Three members of the Council will be beef producers; (c) One member of the Council will be actively engaged in the business of feeding cattle and usually operating a feedlot; (d) One member of the Council will be a handler; (e) one member of the Council will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of cattle or fluid milk. (3) Each Commissioner, other than the public member, will: (a) Be a citizen of the United States; (b) Be a bona fide resident of Oregon; (c) Have demonstrated through membership in organization(s) representing the production or business of the commodity, or through public service, an active interest in the development of the beef industry in Oregon; (d) Have been, for at least five years, actively engaged in and derived a substantial portion of income from the type of production or business that the member will represent on the council. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 577 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 577 History: BC 1-2004, f. & cert. ef. 1-15-04
605-030-0030 Removal of Commissioners (1) The Director of the Department of Agriculture may, after a public hearing and after serving a copy of the charges against a member, remove any member of the Oregon Beef Council for: (a) Inefficiency; (b) Neglect of duty; or (c) Misconduct in office. (2) The Director will have the member served with notice of the charges at least 10 days before the hearing. The notice will include the time and place of the hearing. (3) At the hearing, the member will have the opportunity to be heard in person or represented by counsel and will be permitted to present evidence to answer the charges and explain the facts alleged against the member. (4) In every case of removal, the Director will file with the office of the Secretary of State a complete statement of all charges, a record of the entire proceedings and the findings. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 577 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 577 History: BC 1-2004, f. & cert. ef. 1-15-04
605-030-0040 Chair and Other Officers Annually, at the last meeting of the Council of the fiscal year, the Council will elect from its members a Chair, a Vice Chair and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair, Vice Chair or Secretary/Treasurer may resign as such or may be removed from that position by vote of a majority of all commissioners. If the Chair, Vice Chair or Secretary/Treasurer ceases to be a commissioner, the office will be vacant and a successor will be elected at the next regular meeting of the Council. The Chair will preside over all meetings of the Council. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 577 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 577 History: BC 1-2004, f. & cert. ef. 1-15-04
605-040-0010 Purpose of Public Records Request Processing Rules (1) To implement the provisions of ORS 192.324(7) that require each public body to publish its methods for the public to obtain information and in order to implement the provisions of ORS 192.318 to provide reasonable rules necessary for the protection of Oregon Beef Council records and to prevent interference with the regular discharge of the commission duties, the commission adopts the procedures set forth in this division. Procedures for review of any denial of public records requests, or fee waiver or reduction, shall be in accordance with the provisions of ORS 192.311 to 192.478. (2) Capitalized terms in this division not specifically defined are as defined in ORS 192.311. (3) Commodity Commission is as defined in ORS 576, ORS 577 and ORS 578. Statutory/Other Authority: ORS 192.318 (2), ORS 576.304 (14) & ORS 183 Statutes/Other Implemented: ORS 192.324 History: BC 3-2021, adopt filed 12/15/2021, effective 12/15/2021
605-040-0020 Request to Inspect or Make Copies of Public Records (1) A request to inspect or receive a copy a public record must be made in writing and must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of person(s), business or organization involved, and the number of copies requested; and the name, address, email, and phone number of the person requesting the public record(s). (2) Requests must be sent to the “Administrator/Public Records Information Officer” at the office of the commission at 1827 NE 44th Ave #315, Portland, OR 97213. Statutory/Other Authority: ORS 192.318 (2), ORS 576.304 (14) & ORS 183 Statutes/Other Implemented: ORS 192.324 History: BC 3-2021, adopt filed 12/15/2021, effective 12/15/2021