justicedao/ipfs_state_laws huggingface dataset:
123-001-0700 Contested Case Proceedings (1) OAR 123-001-0700 to 123-001-0750 establish procedural steps and options for handling appeals, in the manner of a contested case under ORS 183.310 to 183.550, when the Department denies: (a) An application for either preliminary certification or annual certification to exempt the taxable income of a facility under ORS 316.778 or 317.391 (see OAR 123-635), other than when denial results from objection to preliminary certification by the city, county or port; or (b) Any other application or request for which state law provides for appeal by contested case. (2) Except as otherwise provided under state law or elsewhere in this chapter of administrative rules, this rule and contested case provisions do not pertain to any other proceeding, hearing, determination or decision by the Department, Director, Commission or any subsidiary body. (3) OAR 123-001-0700 to 123-001-0750 are intended only to supplement mandatory elements of contested case proceedings under the Administrative Procedures Act for matters specific to the Department. Therefore, relevant parts of OAR 137-003 are hereby incorporated into and adopted as part of this division of administrative rules by reference. (4) For purposes of OAR 123-001-0700 to 123-001-0750, unless the context demands otherwise: (a) “Applicant” means the person (including but not limited to a business firm) that sought approval under section (1) of this rule, as identified in the application form or other submitted materials. This person is thus the affected party or appellant for purposes of the contested case, and the submitted address given in the form is assumed correct for mailing the Notice. (b) “Notice” means the formal written statement on Department letterhead that the Department initially sends to the Applicant, in accordance with OAR 123-001-0725. Statutory/Other Authority: ORS 183.341(2), 183.417(2), 183.464(2) & 285A.075 Statutes/Other Implemented: ORS 183.413 - 183.470 & 285C.500 - 285C.506 History: OBDD 18-2019, minor correction filed 12/16/2019, effective 12/16/2019 OBDD 40-2010, f. 11-30-10, cert. ef. 12-1-10 EDD 15-2008, f. & cert. ef. 6-4-08 EDD 11-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 1-2008, f. & cert. ef. 1-2-08 EDD 12-2004, f. & cert. ef. 7-27-04
123-001-0750 Representations by Agency Representative For purposes of any contested case hearing before an administrative law judge: (1) Subject to the approval of the office of Attorney General of the State of Oregon under ORS chapter 180, the Director may authorize an officer or employee of the Department to appear on behalf of the Department. (2) Such a Department representative may not present legal argument on behalf of state government. (3) The Department retains its full prerogative, with or without intervention by the administrative law judge, to consult with or otherwise involve the office of Attorney General. Such prerogative includes but not necessarily limited to the sole purpose of having the office of Attorney General present legal argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing. (4)(a) “Legal argument” includes arguments on: (A) The jurisdiction to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or the presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; and (E) The correctness of procedures followed in the contested case hearing. Statutory/Other Authority: ORS 183.452(2)(b) & 285A.075 Statutes/Other Implemented: ORS 183.411 & 183.452 History: OBDD 40-2010, f. 11-30-10, cert. ef. 12-1-10 EDD 15-2008, f. & cert. ef. 6-4-08 EDD 11-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 1-2008, f. & cert. ef. 1-2-08 EDD 12-2004, f. & cert. ef. 7-27-04
123-005-0000 Applicability of Rules and Definitions This division of administrative rules applies to all public records for which the Department is custodian of. For the purposes of these rules definitions may be found in Procedural Rules, OAR 123-001. Statutory/Other Authority: ORS 285A.075(A) Statutes/Other Implemented: ORS 192.410 - 192.505, 285A & 285B History: EDD 9-2009, f. & cert. ef. 10-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 12-1993, f. & cert. ef. 12-2-93
123-005-0010 Access to Records In carrying out responsibilities under ORS 192.410 to 192.505, the Department shall: (1) Make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of the Department’s duties; (2) Maintain the confidential nature of records as provided under ORS 192.502(16), 285A.090(5), 285B.701(4) and other applicable state or federal laws, including but not limited to protecting the attorney-client privilege, as well as related provisions in OAR 123-017-0040 or other administrative rules. (3) Allow that public records of the Department to be inspected or examined, subject to prior request, approval and arrangements, during the normal working days and hours of the offices of the Department at which the records are kept. The inspection or examination shall take place at the main office, a field office, or any other reasonable location designated by the Department. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 192.410 - 192.505, 285A & 285B History: EDD 4-2003, f. & cert. ef. 3-26-03 EDD 12-1993, f. & cert. ef. 12-2-93
123-005-0020 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or obtain copies of a public record or information from public records shall be made in writing (Attention: Public Information Staff, Oregon Business Development Department, State Lands Building Suite 200, 775 Summer Street NE, Salem, OR 97301-1280), and shall include: (a) The name, address and telephone number of the requester; (b) Identification of the needed public record, or of the type and format of needed public record information, if known to the requester; (c) Time period records were produced and officials involved in producing records or other relevant information, if known to the requester; and (d) The number of copies for each item requested of the record, if copies are requested. (2) The Director may waive the requirement under section (1) of this rule for a request to be made in writing, if it is determined that the waiver contributes to effective administration. Statutory/Other Authority: ORS 285A.075(A) Statutes/Other Implemented: ORS 192.410 - 192.505, 285A & 285B History: EDD 9-2009, f. & cert. ef. 10-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 12-1993, f. & cert. ef. 12-2-93
123-005-0030 Payment for Inspection and Copies of Public Records (1) Except as waived in section (2) of this rule, a person who is receiving a copy of a public record or information from a public record shall pay the Department’s actual cost for: (a) Staff time necessary to identify, locate, summarize or compile the record as requested; (b) Attorney fees, staff time and so forth associated with the screening of materials or blocking out of text that is exempt from disclosure; (c) Supervision of on-site inspection of the public record by the requester; (d) Customary fee per page for reproduction, handling and assembling of copies to be provided; and (e) Postage or similar expenses and special supplies or services necessary to furnish the copy or information. (2) The Director may reduce or waive the payment or charges in section (1) of this rule, if the Director determines that the reduction or waiver will aid in the effective administration of Department operations or is in the public interest because making the record available substantially benefits the general public. (3) The Department shall as necessary establish a schedule of costs and charges for purposes of this division of administrative rules, which shall apply to all concurrent public records requests. (4) The requester shall pay all fees for access to a public record in advance, based on estimates by the Department, unless the Director approves late payment. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 192.410 - 192.505, 285A & 285B History: EDD 4-2003, f. & cert. ef. 3-26-03 EDD 12-1993, f. & cert. ef. 12-2-93
123-006-0005 Purpose Pursuant to ORS 285A.075(3), the department may enter into contracts as necessary or appropriate to carry out its authorized mission. This rule sets forth the Department's procurement and contracting procedures. This rule does not apply to financing contracts, grants, interagency or intergovernmental agreements, office leases, or contracts specifically directed by statute. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 & 279A.070 History: EDD 26-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 11-2005, f. 11-30-05, cert. ef. 12-1-05 EDD 21-2004, f. & cert. ef. 8-5-04 EDD 11-2004(Temp), f. & cert. ef. 6-15-04 thru 8-5-04 EDD 11-2003(Temp), f. & cert. ef. 12-23-03 thru 6-15-04 EDD 4-1991, f. & cert. ef. 5-20-91
123-006-0020 Standard Procedures and Exceptions The Department will comply with the Oregon Department of Justice Model Public Contract Rules, OAR chapter 137, divisions 046, and 047, as applicable, for all its procurement and contracting activity, with the following exceptions: (1) For Architectural, Engineering, and Land Surveying contracts, a special class of personal services contracts, the Department will comply with OAR chapter 137, division 048. Services defined as Related Services are subject to 123, division 6. (2) For contracts relating to the Department's foreign trade offices operating outside the state, the provisions of OAR 137-047-0700 through 137-047-0760 (regarding legal remedies) shall not apply to public contracts under this division. (3) For contracts, other than those identified in (1) or (2) of this rule, that are best implemented as multiple work order contracts under an Agreement for Goods or Services, the Department will comply with OAR 123-006-0025. (4) The provisions of OAR 137-047-0800, 137-047-0265(2) and 137-047-0270(3) (regarding contract amendments) do not apply to contracts by the Department. (5) The provisions of OAR 137-047-0670 (regarding cancelled offers) do not apply to contracts by the Department. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 & 279A.070 History: OBDD 37-2010, f. 10-29-10, cert. ef. 11-1-10 EDD 26-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 11-2005, f. 11-30-05, cert. ef. 12-1-05 EDD 21-2004, f. & cert. ef. 8-5-04 EDD 11-2004(Temp), f. & cert. ef. 6-15-04 thru 8-5-04 EDD 4-1991, f. & cert. ef. 5-20-91
123-006-0025 Use of Work Order Contracts (1) Contracts may be implemented as multiple Work Order Contracts under an Agreement for Goods or Services instead of a single contract if that implementation will provide substantial savings in time or cost, or both. (2) The Department and the selected contractor will sign a non-binding Agreement for Goods or Services, in which the Contractor acknowledges its readiness to enter into separate work order contracts with the Department that will describe, among other things, the specific goods or services to be performed, the timeline for delivery, and the compensation. Each Work Order Contract subsequently executed with the Contractor pursuant to the non-binding Agreement for Goods or Services must be within the scope of the solicitation, if any, and will constitute a separate legally binding contract between the Department and the Contractor. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 & 279.070 History: EDD 26-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 11-2005, f. 11-30-05, cert. ef. 12-1-05 EDD 21-2004, f. & cert. ef. 8-5-04 EDD 11-2004(Temp), f. & cert. ef. 6-15-04 thru 8-5-04 EDD 4-1991, f. & cert. ef. 5-20-91
123-006-0030 Electronic Public Notice For all required public notices or advertisements related to source selection methods, the Department may publish the notice or advertisement on the Department of Administrative Services Electronic Procurement System instead of publishing notice in a newspaper of general circulation as described in ORS 279B.055(4)(b). Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 & 279A.070 History: OBDD 10-2019, minor correction filed 08/12/2019, effective 08/12/2019 EDD 26-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 11-2005, f. 11-30-05, cert. ef. 12-1-05
123-006-0040 Contracts Must be Authorized Prior to Performance All Contracts, including any amendments, must be in writing and fully executed before any Work or Services may be performed or payment made. Contractors are not entitled to payment for any Work or Services performed prior to such execution. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 & 279.070 History: EDD 26-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 11-2005, f. 11-30-05, cert. ef. 12-1-05
123-006-0045 Sole Source Procurements, by Rule. The Department may procure goods or services for the following subjects without competition: (1) Advertising and Promotion. This covers all types of advertising placement, including booth space at trade shows and exhibitions. This does not include development of advertising or trade show services. (2) Bond Counsel. The Department will follow the procedures and requirements of ORS 286A.130 and any applicable Oregon Administrative Rules. (3) Event Speakers. This covers those contracts for event speakers such as a keynote address. This does not cover those contracts for services such as training instructors or facilitators of meetings. (4) Conferences, Meetings, Events. This covers facilities for housing or conducting meetings or events, as well as hotels or other lodging accommodations for those attending such meetings or events. (5) Organizational Memberships. This covers dues, registrations, and membership fees in organizations the Department chooses to associate with. This does not cover memberships for individuals. (6) Foreign Trade Missions. This covers procurement expenditures necessary during the duration of a foreign trade mission. This does not include foreign trade shows. This does not include employee travel reimbursements. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075, 279A.070 & 279B.075 History: OBDD 15-2019, amend filed 10/04/2019, effective 10/04/2019 OBDD 37-2010, f. 10-29-10, cert. ef. 11-1-10 EDD 26-2008, f. 8-28-08, cert. ef. 9-1-08
123-008-0005 Purpose and Scope The Oregon Business Development Commission through the Oregon Business Development Department in accordance with this division of administrative rules has established policies and procedures for mandatory compatibility with Oregon's Planning Goals and associated land use plans and standards. Statutory/Other Authority: ORS 285B.075(5) & 285A.075 Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-008-0010 Policy It is the policy of the Oregon Business Development Department that prior to approving or undertaking projects or actions under an Applicable Program, as defined in OAR 123-008-0015, the Department shall take steps or have program procedures for accomplishing compliance and compatibility with Planning Goals, principally through the applicable acknowledged comprehensive plans and the land use regulations of local governments, in accordance with OAR chapter 660, division 030. Statutory/Other Authority: ORS 285B.075(5) & 285A.075 Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-008-0015 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise: (1) Applicable Programs mean those funds, incentives and other activities, powers and resources of the Department and the Commission that directly influence physical development on or to the landand will generally not include educational, marketing, technical assistance, funds for technical analysis or other similar programs. (2) Planning Goals mean the mandatory statewide planning standards for land use as adopted by the Oregon Land Conservation and Development Commission under ORS Chapters 195, 196 and 197, and are available and may be obtained from the Oregon Department of Land Conservation and Development, 635 Capitol Street, NE, Suite 150, Salem, Oregon 97301-2540. Statutory/Other Authority: ORS 285B.075(5) & 285A.075 Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-008-0020 Compliance with Planning Goals (1) The Department shall achieve Planning Goal compliance whenever possible by taking actions that are compatible with the applicable acknowledged comprehensive plan of a county or city government and land use regulations of this state and local zone ordinances. (2) However, if a situation arises that necessitates direct goal findings, because of potential or actual incompatibility under a local comprehensive plan or other reasons, as described in OAR 660-030-0065(3), the Department shall adhere to the following procedures, as formally as appropriate: (a) Confirm that a situation exists requiring the Department to adopt direct goal findings of compliance with one or more of Planning Goals; (b) Identify which Planning Goals or Goal requirements the Department must address; (c) Consult directly with affected jurisdictions; (d) Request interpretative guidance as needed from the Department of Land Conservation and Development or the Department of Justice; (e) Rely on any relevant goal interpretations for state agencies adopted in accordance with OAR chapter 660, whenever applicable; and (f) Adopt any necessary findings to ensure compliance with the Planning Goals. Statutory/Other Authority: ORS 285B.075(5) & 285A.075 Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-008-0025 Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations For purposes of this division of administrative rules, and to act compatibly with acknowledged comprehensive plans and land use regulations, except when the Department makes direct findings for compliance with Planning Goals consistent with OAR 123-008-0020(2), a project applicant for resources under an Applicable Program shall effectively verify to the project's compliance with the applicable city or county comprehensive plan, public facility plan and land use regulations, through mechanisms such as the following: (1) Receipt of a copy of the local land use permit or equivalent documentation from the city or county planning agency or the local governing body that the project has received land use approval; (2) Receipt of a letter from the local planning agency or governing body stating that the project is permitted under the jurisdiction's comprehensive plan and land use regulations but does not require specific land use approval; (3) Copies of official land use maps or other local documents that demonstrate necessary compliance; or (4) Other equivalent documentation from the affected city or county. Statutory/Other Authority: ORS 285B.075(5) & 285A.075 Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-008-0030 Dispute Resolution (1) When a land use dispute related to a proposal or application for financial assistance under an Applicable Program arises, the proposal sponsor/applicant is expected to resolve the dispute directly with the government of the city or county where the proposed project is to be located. The Department will not provide funding for such a project until the dispute is resolved, as indicated by documentation pursuant to OAR 123-008-0025. (2) In other cases, the Department may attempt to resolve disputes regarding land use issues by direct contact with the applicable local governing body. Whenever possible, Department efforts to resolve land use disputes shall be pursued prior to and through local government land use proceedings. Statutory/Other Authority: ORS 285B.075(5) & 285A.075 Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 21-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-008-0035 Compliance and Compatibility of New or Amended Programs The Department of Land Conservation and Development is expressively listed in the Department’s Notice Rule, OAR 123-001-0100, and the Department shall follow the same notice procedures whenever amending the "Land Use Coordination Program." Statutory/Other Authority: ORS 285B.075(5) & 285A.110(1) Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-008-0040 Consistency with Local Economic Development Plans Applicable adopted local economic development plans under ORS 285A.055(5) include, but are not limited to, relevant parts of the comprehensive (land use) plans of cities and counties, such as those related to Planning Goal 9. Statutory/Other Authority: ORS 285B.075(5) & 285A.110(1) Statutes/Other Implemented: ORS 197.180, 285A & 285B History: EDD 4-2003, f. & cert. ef. 3-26-03 EDD 9-1990, f. & cert. ef. 5-23-90
123-009-0050 Purpose The Oregon Business, Innovation and Trade Fund is established by ORS 285A.227 as a means to provide the Oregon Business Development Department with flexibility in funding and decision-making to respond to economic development needs on a statewide and regional basis. Statutory/Other Authority: ORS 285A.075 & 285A.227(2) Statutes/Other Implemented: ORS 285A.227 History: EDD 11-2009, f. & cert. ef. 10-1-09 EDDS 5-2000, f. & cert. ef. 2-7-00 Reverted to EDD 3-1998, f. & cert. ef. 2-26-98 EDD 4-1999(Temp), f. & cert. ef. 8-5-99 thru 2-1-00 EDD 3-1998, f. & cert. ef. 2-26-98
123-009-0060 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context requires otherwise the following definitions apply: (1) Fund means the Oregon Business, Innovation and Trade Fund established in ORS 285A.227, which includes lottery funding for grant and loan programs and contracted services and all interest earnings that accrue to the Fund. (2) "Allocation Plan" means the distribution plan of the legislatively authorized Fund biennial budget. Statutory/Other Authority: ORS 285A.075 & 285A.227(2) Statutes/Other Implemented: ORS 285A.227 History: OBDD 1-2013, f. & cert. ef. 1-2-13 EDD 11-2009, f. & cert. ef. 10-1-09 EDD 16-2008, f. & cert. ef. 6-4-08 EDD 12-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 2-2008, f. & cert. ef. 1-2-08 EDDS 5-2000, f. & cert. ef. 2-7-00 Reverted to EDD 3-1998, f. & cert. ef. 2-26-98 EDD 4-1999(Temp), f. & cert. ef. 8-5-99 thru 2-1-00 EDD 3-1998, f. & cert. ef. 2-26-98