justicedao/ipfs_state_laws huggingface dataset:
589-007-0800 Oregon On-the-Job Training (OJT) Program (1) The purpose of the Oregon On-the-Job Training (OJT) Program is to support the Governor’s Workforce agenda by providing OJT and the National Career Readiness Certificate (NCRC) as solutions relating to employee hiring, training, and retention . (2) The Office determines the statewide implementation and operation of the OJT Program in Oregon. (3) The OJT Program in Oregon shall involve at a minimum: (a) Cost-effective solutions to the issues of employee hiring, training, and retention; (b) Utilization of public and private resources; (c) Certification of career readiness skills for participants as defined by the National Career Readiness Certificate; (d) Employer provided, job-specific training for Oregonians newly hired under this program; (e) A process to identify appropriate companies and job seekers to participate in the programs; (f) A process by which monies may be appropriated and allocated to the local workforce investment boards to support projects identified by local workforce investment areas; (g) Employer reimbursement schedules will follow local policies. (4) Tracking and reporting to the Office the outcomes of the Oregon On-the-Job Training Program in the local workforce investment area shall include, but are not limited to: (a) The number of employers participating in the program; (b) The number of employees completing training; (c) The number of employees retained after completing training; (d) Types of jobs filled by occupational codes; (e) Characteristics of the unemployed being placed into OJTs; (f) The number of participants that earn National Career Readiness Certificates; (g) Signed NCRC letters of commitment from OJT employers to “prefer” job candidates that have an NCRC. Statutory/Other Authority: 660.300 - 660.364 & 660.343 Statutes/Other Implemented: 660.303, 660.309 & 660.343 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 4-2011, f. & cert. ef. 12-9-11 DCCWD 2-2011(Temp), f. & cert. ef. 7-29-11 thru 1-25-12
589-009-0100 Immunizations Requirements for Certain Community College Students (1) Pursuant to ORS 433.283(2) and Health Division OAR 333-050-0140, the following definitions are set forth: (a) "Clinical Experiences" means a student is required to complete practical work experience with patients in a public or private health facility. (b) "Practicum Experiences in Education and Child Care Programs" means a student is required to complete practical work experience in a public or private child care or education setting. (c) "Membership on an Intercollegiate Sports Team" means a college-sponsored team that engages in competition with other intercollegiate teams. (2) Community college students born on or after January 1, 1957, must have two doses of measles vaccine prior to any participation in clinical experiences in allied health programs; or practicum experiences in education and child care programs; or membership on intercollegiate sports teams. (3) Each community college shall develop procedures to implement and maintain this requirement. (4) Each community college shall include a medical exemption and religious exemption. (5) Acceptable records to document proof of two doses of measles vaccines are contained in OAR 333-050-0140. (6) The Oregon Health Division may conduct validation surveys to insure compliance with the vaccination requirements. Statutory/Other Authority: ORS 433.283 Statutes/Other Implemented: ORS 433.283 History: DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 5-2003, f. & cert. ef. 10-20-03 DCCWD 1-2003, f. & cert. ef. 1-9-03 DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-043-0800 EB 32-1992, f. & cert. ef. 10-14-92 EB 25-1992(Temp), f. & cert. ef. 7-27-92
589-020-0300 Resolving a Non-Criminal Allegation of a Violation of the Workforce Innovation and Opportunity Act, Regulations, Grant, or Other Agreement filed Directly Against the Higher Education Coordinating Commission (1) If there is a complaint against the Higher Education Coordinating Commission (HECC) and the complainant is a Local Workforce Development Board subrecipient, another grant recipient, or other entity receiving Workforce Innovation and Opportunity Act (WIOA) funds directly from the Office of Workforce Investments (OWI), the initial complaint must be filed with the OWI. Complainants are entitled to an opportunity for informal resolution of the complaint and a contested case hearing. (2) Both the informal resolution process and the contested case hearing must be completed within 60 days of receipt of a complaint. (3) These procedures shall be used for the resolution of complaints arising from actions, such as audit disallowance or the imposition of sanctions, taken by the governor with respect to audit findings, investigations, or monitoring reports. Statutory/Other Authority: ORS 350.150 & ORS 660.318 Statutes/Other Implemented: ORS 660.318 History: CCWD 2-2018, amend filed 04/20/2018, effective 04/20/2018 DCCWD 5-2015, f. & cert. ef. 10-30-15 DCCWD 4-2009, f. & cert. ef. 8-31-09, Renumbered from151-020-0045 EWP 1-2008, f. & cert. ef. 4-14-08 EWP 3-2007(Temp), f. & cert. ef. 12-13-07 thru 6-6-08 EWP 3-2000, f. & cert. ef. 12-22-00
603-001-0001 Procedure for Notice of Intended Rulemaking In order to provide a reasonable opportunity for interested persons to be notified of the Department's proposed administrative rulemaking actions, the Department shall give notice of its proposed adoption, amendment, or repeal of any administrative rule prior to such adoption, amendment, or repeal of any administrative rule in the following manner: (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 prior to the effective date of the proposed action with the exception of temporary rules which may become effective upon filing with the Secretary of State pursuant to ORS 183.355(2)(b); (2) By mailing a copy of the Notice to persons on each of the appropriate departmental lists established pursuant to ORS 183.335(8); (3) By mailing a copy of the Notice to known interested persons, or in lieu thereof, organizations or associations known to represent such interested persons. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 561.190 History: DOA 20-2019, amend filed 10/10/2019, effective 10/10/2019 DOA 5-2004, f. & cert. ef 2-10-04 DOA 21-2002, f. & cert. ef. 9-3-02 DOA 9-2001, f. & cert. ef. 5-4-01 AD 1078(2-76), f. & ef. 1-16-76
603-001-0005 Model Rules of Procedure The Attorney General’s “Model Rules of Procedure Under the Administrative Procedures Act,” effective July 2014 are hereby adopted as the rules of procedure for the Department in its rulemaking activities, declaratory ruling activities, and contest case considerations. Statutory/Other Authority: ORS 183.341(1) Statutes/Other Implemented: ORS 183.341(1) History: DOA 14-2017, f. & cert. ef. 8-30-17 DOA 1-2003, f. & cert. ef. 1-7-03 DOA 4-2002, f. & cert. ef. 1-28-02 DOA 5-1998, f. & cert. ef. 5-20-98 AD 16-1993, f. & cert. ef. 11-24-93 AD 5-1986, f. & ef. 2-11-86 AD 23-1981, f. & ef. 11-24-81 AD 1-1980, f. & ef. 1-24-80 AD 4-1978, f. & ef. 5-11-78 AD 1090(13-76), f. & ef. 3-26-76 AD 999(13-73), f. 10-26-73, ef. 11-25-73 AD 953(20-71), f. 10-20-71, ef. 11-11-71
603-001-0110 Uniform Date Statements are Mailed Unless a different time is specified by law, the monthly date on which the Department shall forward its itemized statement for any amount owing for services and materials on which credit has been extended shall be on or before the 5th business day of each month. The amount specified in the statement is due and payable to the Department within 15 days after this statement is forwarded by the Department. Statutory/Other Authority: ORS 183, 192, 561 & 603 Statutes/Other Implemented: ORS 183, 192, 561 & 603 History: AD 9-1984, f. & ef. 7-6-84 AD 791(15-64), f. 9-24-64, cert. ef. 11-1-64
603-001-0120 Meat Dealer License Refunds The following procedure shall be applicable to requests for refunds as provided in ORS 603.027: (1) The licensee shall submit his written application for refund, which may be in letter form, to the Department, which shall include: (a) The last business day the license was effective; and (b) The name and full mailing address of the new licensee. (2) The application shall be accompanied by the license being terminated. (3) The application and license shall be submitted to the Department within 30 days of the last business day the license was effective. (4) The Department shall base such refunds upon calendar quarters of the licensing year for which the refund is sought. (5) Upon making such refund to the applicant, the Department shall thereafter refund to the new licensee an amount equal to the unrefunded portion of the annual license fee. Statutory/Other Authority: ORS 183, 192, 561 & 603 Statutes/Other Implemented: ORS 183, 192, 561 & 603 History: AD 9-1984, f. & ef. 7-6-84 AD 1091(14-76), f. & ef. 4-9-76
603-001-0125 Purpose and Policy In order to implement the provisions of ORS 183.330(1) requiring each agency to publish its methods for the public to obtain information, and in order to implement the provisions of ORS 192.318 so as to provide reasonable rules necessary for the protection of department records and to prevent interference with the regular discharge of the department’s duties, the department adopts the procedures set forth in OAR 603-001-0130 to 603-001-0165. Such procedures shall apply to requests for inspection or copying of public records of the department, and to requests for the department to prepare and supply certified or other types of copies of public records. Procedures for review of any departmental denial of public records inspections or public record copies are to be in accordance with the provisions of ORS 192.450 to 192.490. It is the policy of the department to attempt to balance those public interests that favor disclosure against those public interests that favor governmental confidentiality with a presumption in favor of disclosure. Statutory/Other Authority: ORS 183, 192.005 & 561 Statutes/Other Implemented: ORS 183, 192.005 & 561 History: DOA 23-2024, minor correction filed 11/05/2024, effective 11/05/2024 DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05 AD 1114(35-76), f. & ef. 12-20-76
603-001-0130 Procedures for Obtaining General Information Except as otherwise provided in OAR 603-001-0125 to 603-001-0170, requests for information shall be directed to the department’s Information Officer at the Agriculture Building, 635 Capitol Street, N.E., Salem, OR 97301. Statutory/Other Authority: ORS 183 & 561 Statutes/Other Implemented: ORS 192.005 History: DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05 AD 1114(35-76), f. & ef. 12-20-76
603-001-0135 Procedures for Inspection or Copying of Public Records (1) Requests for inspection or copying of public records shall be made either, via FAX, via e-mail, or in writing and shall be directed to the appropriate Program Directors or Assistant Director of Agriculture responsible for the pertinent activity, as shown in the organizational description set forth in OAR 603-001-0155. All requests shall be made at or directed to the department’s principal office located at 635 Capitol Street, N.E., Salem, OR 97301. Requests delivered in person shall be done between the hours of 8:30 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m. Monday through Friday of each week except holidays. Receipt of a request shall be acknowledged in writing by the department, and the required fees, if any, for research and copies, and the time and place the requested records would be available for inspection or copying. (2) Requests for inspection or copying of public records, which would result in any of the following, shall only be accepted if made in writing, and then shall be subject to the provisions of OAR 603-001-0140(2): (a) If the department is required to search for or to collect the requested public records from department field facilities or from other offices separate from the department’s principal office; (b) If the department is required to search for, collect, examine, or sort voluminous and separate records or documents in order to comply with such request; or (c) If the department is required to consult with another public body or agency having any interest in the propriety of such request. (3) The provisions of OAR 603-001-0145 apply to this type of request. Statutory/Other Authority: ORS 183 & 561 Statutes/Other Implemented: ORS 192.420 History: DOA 20-2017, amend filed 11/20/2017, effective 11/20/2017 DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05 AD 1114(35-76), f. & ef. 12-20-76
603-001-0140 Procedures for Obtaining Copies of Public Records (1) Requests for certified or other types of copies of public records shall be made, via FAX, via e-mail, or in writing and shall include a reasonably specific description of the particular record copy requested, i.e., the type of document, the subject matter, the approximate document date, and the name of the firm or person identified in the document (if pertinent). (2) Subject to the provisions of OAR 603-001-0150, requested copies of public records shall be submitted to the requester within 10 days of the receipt of the request, unless any of the conditions set forth in OAR 603-001-0135(2) would result in a requirement for additional time. If such additional time is required, the department shall notify the requester of such fact within the 10-day period stated above. (3) The provisions of OAR 603-001-0145 apply to this type of request. Statutory/Other Authority: ORS 183 & 561 Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260 History: DOA 20-2017, amend filed 11/20/2017, effective 11/20/2017 DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05 AD 1114(35-76), f. & ef. 12-20-76
603-001-0145 Fees for Public Record Disclosures (1) If a request for records can be fulfilled using less than 30 minutes of staff time, there will be no charge for the service. If reimbursable staff time is estimated to be greater than 30 minutes, fees may be applied. As provided by ORS 192.440(2), the following fees are established for public record disclosures: (a) Records search by clerical staff @ $20.00 per hour (b) Records search by managerial staff @ $32.00 per hour (c) Records search by professional staff @ $60.00 per hour (d) Records search by legal staff @ $75.00 per hour (e) Copies @ current state printing & distribution price list (f) Media @ statewide price agreement (g) Postage @ current postal rates (2) If the request appears to require departmental 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 department and, if $25 or more, the requester shall be notified of such prior to the department complying with the request. (3) A requester shall pay the applicable fees to the department prior to or at the time the department complies with the request. No refund of fees shall be made. If the department notifies a requester of determined or estimated fees in excess of $25, as provided in section (2) of this rule, the requester shall, pay a deposit of such determined or estimated fee prior to the department complying with the request. (4) All or a portion of fees may be waived as provided in OAR 603-001-0160 and 0165. Statutory/Other Authority: ORS 183, 561, 192 & 603 Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260 History: DOA 20-2017, amend filed 11/20/2017, effective 11/20/2017 DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05 AD 9-1984, f. & ef. 7-6-84 AD 1114(35-76), f. & ef. 12-20-76
603-001-0150 Noncompliance with Requests (1) If a request received by the department has been erroneously submitted, in that the department has no public records relating to the request, the request shall be returned to the requester with any information concerning the appropriate agency to be contacted.; (2) If the department determines that all or any part of a public record should not be inspected or copied pursuant to a request, the department shall, within ten days of the receipt of such request, notify the requester of such fact, the public records or parts thereof that will not be disclosed, the reasons therefore, and the right of the requester to petition the Attorney General for review. (3) In determining whether all or any part of a public record should not be inspected or copied pursuant to a request therefore, the department shall consider: (a) Public record exemptions specified in ORS 192.500; (b) Public record exemptions specified in applicable federal laws or regulations; (c) Public record exemptions specified in other applicable Oregon law; (d) Whether the requested public record is of a class of records that, by its very nature, either requires nondisclosure or disclosure considering confidentiality and feasibility factors; and (e) Whether a partially exempt public record can be reasonably segregated so as to allow disclosure of an intelligible and undistorted portion of such record while preserving the confidentiality of the exempt portion of such record. Statutory/Other Authority: ORS 183 & 561 Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260 History: DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05 AD 1114(35-76), f. & ef. 12-20-76
603-001-0155 Organizational Structure In order to comply with the provisions of ORS 183.330(1) requiring each agency to publish a description of its organization, a chart of the department’s organizational structure is set forth as Appendix 1. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 183, 561, 192 & 603 Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260 History: DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05 AD 9-1984, f. & ef. 7-6-84 AD 1114(35-76), f. & ef. 12-20-76
603-001-0160 Fee Waivers and Reductions (1) Ordinarily there will be no charge for one copy of a public record: (a) When the material requested is currently being distributed or has been distributed as part of the public participation process such as a news release or public notice; (b) When the requested material has been distributed through mass mailing and is readily available from the department at the time of request; (c) When a records request is made by a local, state, or federal public/governmental entity or a representative of a public/governmental entity acting in a public function or capacity. Even if a person qualifies under this subsection, the department may still charge for record review and copying based on the following factors: (A) Any financial hardship to the department; (B) The extent of time, expense, and interference with the department’s regular business; (C) The volume of the records requested; or (D) The necessity to segregate exempt from non-exempt materials. (2) Public Interest Annual Fee Waivers: (a) An approved annual fee waiver allows the requester to either review or obtain one copy of a requested record at no charge. Fee waivers are effective for a one-year period. (b) A person, including members of the news media and non-profit organizations, may be entitled to an annual fee waiver provided that a Fee Waiver Form is completed and approved by the department. The form must identify the person’s specific ability to disseminate information of any kind maintained by the department to the general public and that such information is generally in the interest of and in the benefit to the public within the meaning of the Public Records Law. Additional information may be requested by the department before granting any fee waiver. (c) Even if a person has a fee waiver, the department may charge for record review and copying based on the following factors: (A) Any financial hardship on the department; (B) The extent of time, expense, and interference with the department’s regular business; (C) The volume of the records requested; (D) The necessity to segregate exempt from non-exempt materials; and (E) The extent to which the record request does not further the public interest or the particular needs of the requester. (3) Case-by-case waivers or reductions: A person who does not request, or who is not approved for an annual waiver, may request a waiver or reduction of record review and reproduction costs on a case-by-case basis. Statutory/Other Authority: ORS 192.410 – 505 & 468.020 Statutes/Other Implemented: ORS 192.440 History: DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
603-001-0165 Parking at Department Owned Facilities (1) This administrative rule describes the Department’s policy regarding parking at facilities owned or controlled by the Department in compliance with ORS 276.595. (2) “Department” means State of Oregon, Department of Agriculture. (3) The following procedures shall apply: (a) The Department, under authority granted by ORS 276.595, shall maintain a policy of not charging parking fees for vehicles or other equipment at all facilities in noncongested areas owned or controlled by the Department; (b) This policy will apply to all Department employees, Department visitors, members of boards, commissions or committees or any governmental entities. Statutory/Other Authority: ORS 276.595 Statutes/Other Implemented: ORS 276.595 History: AD 20-1991, f. & cert. ef. 12-23-91
603-001-0170 Public Interest Test In determining whether sufficient public interest for a fee waiver is demonstrated, the department will consider: (1) The requester’s identity, public interest affiliation, and contact information; (2) The purpose for which the requester intends to use the information; (3) The character of the information; (4) Whether the requested information is already in the public domain; (5) Whether the requester can demonstrate the ability to disseminate the information to the public; (6) The requester’s inability to pay, but this fact alone is not a sufficient basis for a fee waiver; (7) If the requester seeks technical information, a showing that the requester is able to understand that information and disseminate it to the public in a meaningful form; (8) Any other additional information provided by the requester that would be helpful for the department in evaluating the request for a fee waiver or fee reduction. Appendix 1 [ED NOTE: Appendices referenced are available from the agency] Statutory/Other Authority: ORS 183, 561, 192 & 603 Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260 History: DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
603-008-0000 Definitions The following definitions apply to these division 8 rules: (1) "Grant Review Team" means a team that provides a technical review of each application. The Grant Review Team shall be appointed by the Director, who shall endeavor to include the following types of individuals: department staff; individuals with experience in the meat industry (including industry associations and nonprofits with knowledge of meat processing); individuals with experience in business development, business expansion and finance; and representatives of other state agencies or universities. (2) "Department" means the Oregon Department of Agriculture. (3) "Director" means the director of the Oregon Department of Agriculture. (4) "Exotic animal" means any reindeer, elk, deer, antelope, water buffalo, bison, buffalo, yak, or camelids. (5) "Meat or meat product" has the definition provided in ORS 603.010(7). (6) "Processing" means preparation or slaughter of meat or meat products from exotic animals or amenable species, excluding equines and poultry. (7) "Program of state inspection" means the Oregon Department of Agriculture's inspection of establishments as authorized by Oregon Laws 2020, chapter 6. (8) "Project records" means all records created or used in the course of implementing an approved Oregon Meat Processing Infrastructure and Capacity Building Grant. (9) "Rural area" means any area within the state of Oregon except the urbanized portions of metropolitan statistical areas, as determined by the U.S. Census Bureau. Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190 Statutes/Other Implemented: HB 2785 (2021) History: DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022