justicedao/ipfs_state_laws huggingface dataset:
605-040-0040 Exceptions to Established Time Periods (1) The commission is not required to comply with the time periods set forth in this division if the commission finds that compliance would be impracticable because: (a) The staff or volunteers necessary to complete a response to the public records request are unavailable, on leave, or are not scheduled to work; or (b)Compliance would demonstrably impede the commission’s ability to perform other necessary services; or (c) Of the volume of public records requests being simultaneously processed by the commission. (2) The commission shall make reasonable efforts to communicate to the requester the allowable reason(s) the commission may not be able to comply or has not complied with the time periods established in this division, and shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request. (3) Once the commission has informed the requester of the estimated fee calculated in accordance with this 605-040- 0050 , the time periods set forth in this division are suspended until the requester has paid the fee, or the fee has been waived by the commission pursuant to 605-040- 0060 , or the fee otherwise has been ordered waived. The commission shall close the request if the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of the fee, or the requester fails to pay the fee within 60 days of the date on which the commission informed the requester of its denial of the fee waiver. (4) Once the commission has in good faith requested additional information or clarification regarding the request, the time periods set forth in this division are suspended until the requester provides the requested additional information or clarification or affirmatively declines to provide that information or clarification. The commission shall close the request if the requester fails to respond within 60 days to a good faith request from the commission for additional information or clarification. 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
605-040-0050 Fee for Cost of Making Public Records Available (1) The following fees are reasonably calculated to reimburse the commission for the commission’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (a) Records search by clerical staff @ $25.00 per hour; (b) Records search by managerial staff @ $40.00 per hour; (c) Records search by professional or legal staff @ $75.00 per hour; (d) Copies @ current state printing & distribution price list; (e) Media @ statewide price agreement; (f) Postage @ current postal rates; (g) If the request appears to require commission services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission. (2) If the commission can fulfill a request for records using less than 30 minutes of staff time, the commission shall not charge the requester. (3) All or a portion of fees may be waived as provided in 605-040- 0060 . (4) The commission may also include in the fee an estimate of the actual cost of anticipated time spent by an attorney for the commission in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The fee shall not include the cost of time spent by an attorney for the commission in determining the application of the provisions of ORS 192.311 to 192.478. 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
605-040-0060 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction from the commission must submit a completed Fee Waiver or Reduction Request Form, available from the commission office, to the commission at the address provided in 605-040-0020 . (2) The commission may furnish copies without charge or at a substantially reduced fee if the commission determines that a fee waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. (3) To determine whether to waive or reduce fees, the commission shall utilize the Public Interest Evaluation Form as provided in DAS policy 107-001-030. (4) The reduced fee schedule is that listed in Department of Administrative Services policy 107-001-030: (a) Clerical: $20 per hour; (b) Managerial: $32 per hour; (c) Professional: $60 per hour; (d) Department of Justice, special attorney or other applicable legal fees; (e) Copies, media, and postage fees will be based on current rates. 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
607-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Tall Fescue Commission will give notice of the intended action. (1) 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 Tall Fescue Commission’s 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 the Commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: OTFC 1-2001, f. & cert. ef. 6-12-01 TF 5, f. & cert. ef. 1-9-76
607-010-0015 Definitions (1) "Person" means any individual, corporation, partnership, or joint stock company. (2) "Commission" means the Oregon Tall Fescue Commission. (3) "Casual Sale" means any sale or sales of Tall Fescue Seed or Orchardgrass Seed made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 100 pounds. (4) "First Purchaser" means any person who buys Tall Fescue Seed or Orchardgrass Seed from the producer in the first instance, or handler who receives the Tall Fescue Seed or Orchardgrass Seed in the first instance from the producer for resale or processing. (5) "Producer" means a person or other legal entity producing Tall Fescue Seed or Orchardgrass Seed in Oregon for market, whether as landowner, landlord, tenant, sharecropper, or otherwise. (6) "Handler" means any producer, processor, or distributor, or other person engaged in handling or marketing of or dealing in Tall Fescue Seed or Orchardgrass Seed, whether as owner, agent, employee, broker, or otherwise. (7) Tall Fescue Seed (Festuca arundinacea) includes all varieties presently being produced in the state and any new varieties that may be released in the future with the exception of Alta and Goar. (8) Orchardgrass Seed (Dactylis glomerata) includes seed of all common or named varieties presently being produced in the state and any new varieties that may be released in the future. Statutory/Other Authority: ORS 576 & HB 3401 (2019) Statutes/Other Implemented: ORS 576 & HB 3401 (2019) History: OTFC 3-2019, amend filed 10/22/2019, effective 12/27/2019 OTFC 2-2019, temporary amend filed 06/19/2019, effective 07/01/2019 through 12/27/2019 OTFC 1-2005, f. 7-15-05, cert. ef. 8-1-05 TF 3, f. & cert. ef. 9-9-69
607-010-0020 Assessments (1) Any first purchaser shall deduct and withhold an assessment of three and one-half tenths of one percent (0.35%) of the purchase price per pound, clean seed basis, from the price paid to the producer thereof, on and after July 1, 2010, for Tall Fescue Seed grown in Oregon. As per OAR 607-010- 0015(7), the varieties Alta and Goar are to be excluded from these assessment collections. (2) Any first purchaser shall deduct and withhold an assessment of $0.50 per 100 pounds, clean seed basis ($0.0050 per pound), from the price paid to the producer thereof, on and after July 1, 2019, for all varieties of Orchardgrass Seed grown in Oregon. (3) All casual sales of Tall Fescue Seed and Orchardgrass Seed shall be exempt from the assessment. (4) The assessment shall be levied only against any commodity or mixture which contains more than 50 percent Tall Fescue Seed or Orchardgrass Seed. Statutory/Other Authority: ORS 576 and HB 3401 (2019) Statutes/Other Implemented: ORS 576.304, ORS 576.325 and HB 3401 (2019) History: OTFC 3-2019, amend filed 10/22/2019, effective 12/27/2019 OTFC 2-2019, temporary amend filed 06/19/2019, effective 07/01/2019 through 12/27/2019 OTFC 1-2010, f. 6-15-10, cert. ef. 7-1-10 OTFC 1-2005, f. 7-15-05, cert. ef. 8-1-05 OTFC 2-2001, f. 8-9-01, cert. ef. 8-15-01 TF 1-1997, f. 6-30-97, cert. ef. 7-1-97 Reverted to TF 1-1994, f. & cert. ef. 11-8-94 TF 2-1994(Temp), f. 12-22-94, cert. ef. 1-1-95 TF 1-1994, f. & cert. ef. 11-8-94 TF 1-1992, f. & cert. ef. 7-13-92 TF 1-1990, f. & cert. ef. 9-5-90 TF 1-1989, f. 5-31-89, cert. ef. 7-1-89 TF 4, f. 6-20-72, cert. ef. 7-1-72 TF 3, f. & cert. ef. 9-9-69
607-010-0025 Reports and Payment of Assessment Moneys (1) First purchasers and handlers must submit completed and signed assessment reports on commission approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser or handler of Tall Fescue Seed or Orchardgrass Seed. Quarterly assessment reports are due in the commission office by 4:00 pm on the 30th day of the reporting month specified below. Quarterly assessments shall be reported as follows: (a) January, February, March assessments reported by 4:00 pm on April 30th; (b) April, May, June assessments reported by 4:00 pm on July 30th; (c) July, August, September assessments reported by 4:00 pm on October 30th; (d) October, November, December assessments reported by 4:00 pm on January 30th. (2) The forms shall be signed by the first purchaser and completely filled out and shall include in addition to all other required information and figures: The date each transaction is made, the name and mailing address of each producer, the crop year, the variety (whether common or named variety), the pounds of cleaned seed, the price per pound, and the amount of assessment deducted and withheld. (3) When first purchaser lives or has his office in another state or is a federal or other governmental agency, the producer shall report to this Commission all sales made to such purchaser as required by section (1) of this rule, and shall pay the assessment directly to this Commission, unless such first purchaser voluntarily makes the proper deduction and remits the proceeds to this Commission. (4) Penalty for delaying transmittal of assessment moneys (ORS 576.355): "therefore, any first purchaser or other person who delays transmittal of funds beyond the time set by the commission shall pay five percent of the amount due for the first month of delay and one percent of the amount due for each month of delay thereafter.” Statutory/Other Authority: ORS 576 and HB 3401 (2019) Statutes/Other Implemented: ORS 576.325 and HB 3401 (2019) History: OTFC 3-2019, amend filed 10/22/2019, effective 12/27/2019 OTFC 2-2019, temporary amend filed 06/19/2019, effective 07/01/2019 through 12/27/2019 OTFC 1-2001, f. & cert. ef. 6-12-01 TF 3, f. & cert. ef. 9-9-69
607-010-0030 First Effective Date of Assessment (1) The assessment to be withheld and paid by a first purchaser, as required by ORS Chapter 576 and OAR 607-010-0020(1), applies to and covers any sale made on and after September 9, 1969, by a producer to such first purchaser of Tall Fescue Seed grown in Oregon, regardless of the time it was or is grown. (2) The assessment to be withheld and paid by a first purchaser, as required by ORS Chapter 576 and OAR 607-010-0020(2) applies to and covers any sale made on and after July 1, 2019, by a producer to such first purchaser of Orchardgrass Seed grown in Oregon, regardless of the time it was or is grown. (3) “Sale” for the purpose of this rule means the date that title to the Tall Fescue Seed or Orchardgrass Seed passes from the seller to the purchaser. Statutory/Other Authority: ORS 576 and HB 3401 (2019) Statutes/Other Implemented: ORS 576 and HB 3401 (2019) History: OTFC 3-2019, amend filed 10/22/2019, effective 12/27/2019 OTFC 2-2019, temporary amend filed 06/19/2019, effective 07/01/2019 through 12/27/2019 TF 3, f. & cert. ef. 9-9-69
607-020-0100 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 Tall Fescue Commission. (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 Tall Fescue 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 Tall Fescue Commission meeting or subcommittee meeting; (b) Attendance at a conference or other activity as a representative of the Oregon Tall Fescue Commission, either at the request of the chair of the Oregon Tall Fescue Commission or as authorized in advance by a vote of the Oregon Tall Fescue Commission; and (c) 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 Tall Fescue Commission, 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, festival, stock show, county fair, state fair, conference, or training; (b) In-room movie rental; (c) Telephone charges that are not associated with Oregon Tall Fescue Commission business; (d) Use of a gym or health club; (e) Cost of a gift for a host, business associate, family member, or Oregon Tall Fescue Commission member, employee, or contractor; or (f) Alcoholic beverages. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTFC 2-2021, adopt filed 12/22/2021, effective 12/31/2021 OTFC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022
607-020-0110 Qualified Members (1) In accordance with the procedures set forth in OAR 607-020-0130 and OAR 607-020-0140, the Oregon Tall Fescue Commission shall provide to a qualified member of the Oregon Tall Fescue 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 Tall Fescue Commission may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on the Oregon Tall Fescue Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTFC 2-2021, adopt filed 12/22/2021, effective 12/31/2021 OTFC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022
607-020-0120 Non-Qualified Members (1) In accordance with the procedures set forth in OAR 607-020-0130, and only if there are funds available in the budget for such compensation, the Oregon Tall Fescue Commission may provide to a non-qualified member of the Oregon Tall Fescue 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 OAR 607-020-0140, the Oregon Tall Fescue Commission shall provide to a non-qualified member of the Oregon Tall Fescue 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 Tall Fescue Commission may decline to accept compensation or reimbursement of expenses related to the non-qualified member’s service on the Oregon Tall Fescue Commission. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTFC 2-2021, adopt filed 12/22/2021, effective 12/31/2021 OTFC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022
607-020-0130 Procedures for Payment of Per Diem Compensation A member must submit a written claim for compensation to the Oregon Tall Fescue 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 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTFC 2-2021, adopt filed 12/22/2021, effective 12/31/2021 OTFC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022
607-020-0140 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 Tall Fescue Commission no later than the last day of the fiscal year in which the member incurred the expense. For example, a claim for compensation any time from July 1 through June 30 must be submitted by June 30 of that fiscal year. 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 $200.00 must be authorized by the Oregon Tall Fescue Commission before the member incurs the expense. Statutory/Other Authority: ORS 576.265 & ORS 576.304 Statutes/Other Implemented: ORS 292.495 & ORS 576.265 History: OTFC 2-2021, adopt filed 12/22/2021, effective 12/31/2021 OTFC 1-2021, temporary adopt filed 09/21/2021, effective 09/25/2021 through 02/28/2022
607-030-0010 Number of Commissioners, Terms The Oregon Tall Fescue Commission will consist of nine (9) members appointed by the Director of the Oregon Department of Agriculture for a term of three (3) years or, if for a term following a prior term for that person, ending three (3) years from the date of expiration of any prior term. The initial term of office for producer 7 will end June 30, 2020; thereafter, the length of term will be three (3) years. No commissioner will serve for more than 2 consecutive, full terms of office. Statutory/Other Authority: ORS 576 and HB 3401 (2019) Statutes/Other Implemented: ORS 576 and HB 3401 (2019) History: OTFC 3-2019, amend filed 10/22/2019, effective 12/27/2019 OTFC 2-2019, temporary amend filed 06/19/2019, effective 07/01/2019 through 12/27/2019 OTFC 1-2003, f. 11-26-03, cert. ef. 1-1-04
607-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years. (b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years. (2) Members of the Oregon Tall Fescue Commission will have the following qualifications, which will continue during the term of office of the member: (a) One member of the commission 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 Tall Fescue grass seed or Orchardgrass seed; (b) A majority of the members will be producers; (c) At least one member will be a handler; (d) All members who are not a handler or the public member will be producers. (e) No less than six members will be producers of Tall Fescue Seed; one member will be a producer of Orchardgrass Seed. (3) All members of the Oregon Tall Fescue Commission will serve from the state at large, and may reside anywhere within the State of Oregon. Statutory/Other Authority: ORS 576 and HB 3401 (2019) Statutes/Other Implemented: ORS 576 and HB 3401 (2019) History: OTFC 3-2019, amend filed 10/22/2019, effective 12/27/2019 OTFC 2-2019, temporary amend filed 06/19/2019, effective 07/01/2019 through 12/27/2019 OTFC 1-2003, f. 11-26-03, cert. ef. 1-1-04
607-030-0030 Removal of Commissioners (1) The Director of the Department of Agriculture may remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (a) Two unexcused absences, or other neglect of duty in office; (b) Use of the commission appointment for financial gain or to avoid financial detriment; (c) Unauthorized use or disclosure of confidential information; (d) Conduct in violation of Oregon government standards and practices laws; (e) Misappropriation or misuse of commission funds; (f) Failure to satisfy one or more qualifications for appointment; (g) Not working for the positive economic benefit of the commodity; (h) Inefficiency; or (i) Misconduct. (2) The Commission may make a recommendation to the Director of the Department of Agriculture, or the Director may request a recommendation from the Commission on the removal of any commissioner. Statutory/Other Authority: 2003 OL Ch. 604 & ORS 576 Statutes/Other Implemented: 2003 OL Ch. 604 & ORS 576 History: OTFC 1-2003, f. 11-26-03, cert. ef. 1-1-04