justicedao/ipfs_state_laws huggingface dataset:
230-150-0120 On-Site Supervision (1) A principle owner, substantial owner or key person from the AAO must be present to provide on-site supervision of an event being supervised by the AAO. (2) The AAO is responsible for providing the supervision of an event and the AAO must: (a) Ensure the provisions of ORS 463 and this division are enforced; and (b) Immediately advise an authorized representative of the superintendent in the event the AAO or a promoter violates a provision of ORS or this article. (3) An authorized representative of the superintendent must be admitted free of charge, upon presentation of credentials, to an AAO supervised event. (4) Ring or fenced area apron seats must be provided for authorized representatives of the superintendent who have been appointed to observe the event. (5) Failure of the AAO or promoter to comply with the provisions of ORS 463 and this division may result in the following: (a) Cancellation of the amateur unarmed combat sports event. (b) Disciplinary action pursuant to OAR Division 110. Statutory/Other Authority: OL2017 CH235 Statutes/Other Implemented: OL2017 CH235 History: SAC 15-2018, adopt filed 01/09/2018, effective 01/09/2018
230-150-0130 Grounds for Denial or Disciplinary Action The grounds for denial or disciplinary action against an AAO are: (1) A violation of ORS 463 or OAR 230; (2) A failure to satisfy, comply for fully cooperate with a Commission review, request for information, inquiry or inspection; (3) For supervising any event involving activity beyond the scope of the approval issued by the superintendent; (4) A material misstatement or omission within the application for approval or review; (5) A failure to exhibit or maintain appropriate financial, medical, organizational and operational capacity and controls at bouts, contests, matches or exhibitions; (6) A failure of the Amateur Athletic Organization to maintain a satisfactory record of integrity and safety; (7) A failure to require or enforce all generally accepted rules applicable to the unarmed combat sport sanctioned; (8) Engaging in fraud or fraudulent practices, or for dishonest or misleading advertising, availing the entity’s license to another, or for demonstrated untrustworthiness or incompetency in relation to events involving unarmed combat sports; and (9) Engaging in any activity which is detrimental to the health, safety and well- being of an unarmed combat sports competitor, or which is detrimental to the public health, safety and welfare. Statutory/Other Authority: OL2017 CH235 Statutes/Other Implemented: OL2017 CH235 History: SAC 15-2018, adopt filed 01/09/2018, effective 01/09/2018
230-150-0140 Testing for Prohibited Drugs (1) An amateur unarmed combat sports competitor is not permitted to participate in a bout if the amateur unarmed combat sports competitor has a prohibited drug in his or her: (a) Possession; (b) Control; or (c) System. (2) The AAO may order an amateur unarmed combat sports competitor scheduled to participate in a bout to submit to a test for the detection of prohibited drugs. (3) An amateur unarmed combat sports competitor may not refuse to submit to a test ordered by the AAO. An amateur unarmed combat sports competitor will be found to have failed the test if he or she refuses to submit to the testing procedures under this section and required by the AAO. (4) This rule does not apply to amateur boxing sanctioned by USA Boxing. Statutory/Other Authority: OL2017 CH235 Statutes/Other Implemented: OL2017 CH235 History: SAC 15-2018, adopt filed 01/09/2018, effective 01/09/2018
250-001-0000 Notice of Proposed Rule Prior to adopting, amending, or repealing a permanent rule, the State Marine Board 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 prior to the effective date of the rule. (2) By mailing or emailing notice to persons on the State Marine Board's interested parties list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule. (3) By emailing a copy of the notice to the legislators as specified in ORS 183.335(15) at least 49 days before the effective date of the rule. (4) By sending notice to the following persons and organizations: (a) State and federal agencies, if affected; (b) Port and park and recreation districts in the area affected; and (c) City and county officials in the area affected. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 183.335 History: OSMB 2-2014, f. & cert. ef. 1-15-14 MB 7-1994, f. & cert. ef. 6-1-94 MB 2-1985, f. & ef. 1-29-85 MB 72, f. & ef. 11-4-75
250-001-0005 Model Rules of Practice and Procedure (1) The Model Rules of Procedure for Contested Cases OAR 137-003-0501 to 137-003-0700, as promulgated by the Attorney General of the State of Oregon as in effect in 2021, apply to all contested case hearings conducted by a hearing officer from the Office of Administrative Hearings on behalf of the Board. (2) The Model Rules for Rulemaking OAR Chapter 137 Division 001 as promulgated by the Attorney General of the State of Oregon as in effect in 2021 apply to all rulemaking activities conducted by or on behalf of the Board. (3) The Collaborative Dispute Resolution Model Rules OAR 137-005-0050 (Confidentiality of Collaborative Dispute Resolution Communications), OAR 137-005-0052 (Mediation Confidentiality), and OAR 137-005-0054 (Confidentiality of Workplace Mediations) as promulgated by the Attorney General of the State of Oregon as in effect in 2021 apply to all applicable communications associated with collaborative dispute resolution agreements entered into by the agency. (4) The Model Rules of Procedure for Contested Cases OAR 137-003-0000 to 137-003-0092, as promulgated by the Attorney General of the State of Oregon as in effect in 2021, apply to all administrative hearings conducted by the agency without the use of an administrative law judge. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Marine Board.] Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 183.341 History: OSMB 9-2021, amend filed 11/09/2021, effective 11/09/2021 OSMB 10-2014, f. 10-30-14, cert. ef. 11-1-14 OSMB 2-2014, f. & cert. ef. 1-15-14 MB 4-1986, f. 4-15-86, ef. 4-18-86 MB 4-1984, f. & ef. 1-19-84 MB 1-1982, f. & ef. 3-1-82 MB 3-1978, f. & ef. 4-5-78 MB 78, f. & ef. 8-27-76 MB 68, f. 5-19-75, ef. 6-11-75
250-001-0010 Availability of the Rules Pursuant to ORS 830.110(11), the laws and rules of the Marine Board shall be available at the office of the State Marine Board. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: MB 1-1960, f. & ef. 2-4-60, Renumbered from 250-010-0020
250-001-0030 Hearings Authorized The Director, or a designated agent, upon the order of the Board or any member of the Board, with the approval of the Board, may conduct public hearings for the purpose of promulgating special regulations consistent with the safety of the public relating to the operation of boats, when a request for such hearing is received from the governing body of a political subdivision. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 & 830.175 History: MB 4-1978, f. & ef. 4-5-78, Renumbered from 250-010-0170 MB 88(Temp), f. & ef. 11-4-77 MB 5, f. 7-13-60
250-001-0035 Agency Representation by Officer or Employee (1) A Marine Board employee is authorized to appear on behalf of the Board in a hearing or in a class of contested hearings in which the Attorney General or the Deputy Attorney General has given written consent for such representation. (2) The contested case hearings for which the Attorney General has given its consent for the Marine Board to act as a representative of the agency are outfitter/guide, charter/livery and boat registration. (3) The agency representative may not make legal argument on behalf of the agency. (4) "Legal argument" as used in ORS 183.450(8) and this rule shall include arguments on: (a) The jurisdiction of the agency to hear the contested case; (b) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; (c) The application of court precedent to the facts of the particular contested case proceeding. (5) "Legal argument" does not include presentation of evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (a) The application of the facts to the statutes or rules directly applicable to the issues 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 or the correctness of procedures being followed. (6) When a Marine Board employee represents the agency, the presiding officer shall advise such representative of the manner in which objections may be made and matters preserved for appeal. (a) Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. (b) Where such objections involve legal argument, the presiding officer shall provide reasonable opportunity for the agency officer or employee to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after conclusion of the hearing. Statutory/Other Authority: ORS 830.110 & 183.452 Statutes/Other Implemented: ORS 704.040, 830.465, 830.420 & 830.815 History: OSMB 16-2016, f. 10-27-16, cert. ef. 11-1-16 OSMB 5-2016(Temp), f. & cert. ef. 5-12-16 thru 10-31-16
250-001-0050 Policy (1) It is the policy of the State Marine Board to promote multiple use and enjoyment of waters of the state for a variety of boating activities. The Board recognizes and will uphold to the extent practicable the universal right of the public to navigate and use the waters of the state for boating. (2) The Board is authorized to regulate through administrative rules boating in specific locations or on specific waterways in the interest of protecting public safety, property, water quality, fish and wildlife resources or for the purpose of reducing excessive congestion and conflict between users, and promoting uniformity of laws pertaining to such use. (3) The Board will seek to resolve problems arising from or between boating activities on a waterway by using a variety of management measures including education, information, signing, voluntary restrictions or increased law enforcement of existing laws before acting to restrict public use and enjoyment of boats. (4) It is the policy of the Board to exercise its regulatory authority based upon sufficient information, public testimony or evidence that establishes a demonstrated need to enact administrative rules. (5) The Board will seek the concurrence and recommendations of affected local jurisdictions and authorities before adopting regulations for local waterways. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.175 History: OSMB 2-2014, f. & cert. ef. 1-15-14
250-001-0060 Scope of Rules (1) The Board may regulate watercraft on all waters of this state. The Board's primary interest lies in waterways where public access for boating is provided, available, allowed, or reasonably accomplishable and is commonly or frequently used by the general boating public. (2) The Board will not normally regulate waters of this state which are surrounded exclusively by privately owned lands, are sufficiently small so as to preclude access or severely limit public boating use, or are inaccessible to the general boating public by ordinary and usual means. (3) Restrictions on boats and boat operations adopted by the Board in compliance with statutory authorization shall apply to all watercraft including boats used for commercial activities, excluding: (a) Watercraft used for the law enforcement activities of authorized public safety agencies; (b) Search and rescue activities conducted by or under the direction of these agencies; and (c) Watercraft used for administrative or management functions performed by public agencies with jurisdiction over the subject waters or adjacent lands. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.175 History: OSMB 2-2014, f. & cert. ef. 1-15-14
250-010-0025 Basic Rule for “Slow–No Wake” (1) A person must not operate a boat on the waters of this state in excess of a "slow-no wake" speed within 200 feet of a boat launch ramp, marina with a capacity for six or more moored vessels, floating home/boathouse moorage with six or more contiguous structures, designated swim area, and locations where persons are working at water level on floats, logs or waterway construction. (2) Section (1) of this rule does not apply to commercial vessels or vessels engaged in navigation on rivers where a speed in excess of “slow-no wake” is needed to ensure safe passage. Statutory/Other Authority: ORS 830.110 & ORS 830.175 Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195 History: OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023 OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15 MB 1-1996, f. & cert. ef. 2-13-96 MB 9-1988, f. & cert. ef. 1-27-88
250-010-0030 Application for Certificate of Number and Title (1) The application shall be made on a form furnished by the Board and mailed direct to the Board or presented to an appointed agent of the Board, together with the required fee. (2) The application shall be available at the office of the Board, appointed agents of the Board, boat dealers, sheriffs, and Motor Vehicle Licensing offices. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: MB 24, f. 3-13-64 MB 1, f. 2-4-60
250-010-0040 Oregon Boat Numbering (1) Boat numbers issued by the Oregon State Marine Board shall conform to the specifications regarding form of number in Title 33 Part 174 Subpart B of the Code of Federal Regulations. (2) Decals issued to federally documented vessels under ORS 830.775 shall be conspicuously displayed on the aftermost part of the hull on both sides of the vessel. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 History: OSMB 2-2023, amend filed 05/09/2023, effective 05/09/2023 OSMB 4-2002, f. & cert. ef. 7-5-02 MB 1-1992, f. & cert. ef. 3-13-92 MB 20-1985, f. & ef. 11-22-85 MB 24, f. 3-13-64 MB 10, f. 11-14-61 MB 1, f. 2-4-60
250-010-0051 Definition of "Operate" and "Otherwise Use a Boat on Water" (1) For the purpose of ORS 830.700(5), the term "operate" means to navigate or otherwise use a boat on water: (2) The term "otherwise use" includes, but is not limited to, being at anchor, adrift, moored on the water, use as live-a-board residence on water or otherwise being afloat on the waters of this state. (3) A boat does not have to be "underway" to be in use for the purpose of titling and registration requirements as provided in ORS 830.070 to 830.830. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 History: OSMB 5-2002, f. 10-15-02, cert. ef. 11-1-02
250-010-0053 Safety Inspections The sheriff of each county and all other police officers responsible for enforcement of Oregon Revised Statutes, Chapter 704 and 830 and the amplifying Oregon Administrative Rules Chapter 250, are authorized to "signal boat operator to bring the boat to a stop" to conduct safety inspections: (1) With the owner or operator's consent; or (2) If a sheriff or other police officer confirms that a safety violation has occurred the sheriff or officer shall conduct a complete safety inspection to determine compliance with all other applicable safety laws. Statutory/Other Authority: ORS 830.110 & 830 History: OSMB 1-2004, f. & cert. ef. 5-11-04
250-010-0055 Certificates of Boat Title (1) When the owner of a boat submits an application for Certificate of Boat Title only, and under normal circumstances the boat would require in addition to the title, a certificate of number, the Director shall not issue the title until first obtaining from the owner a signed statement that the boat will not be used on any waters over which this state has jurisdiction until all registration requirements have been complied with. (2) Before issuing a Certificate of Title for a boat the Director shall require "Proof of Ownership" which may include a notarized transfer of title by the previous title owners, a Manufacturer's Statement of Origin (MSO) properly executed by the manufacturer, a Homemade Boat Builders Certificate properly executed by the builder, a Certificate of Boat Title issued by another state or an original certificate of number for boats previously registered in another state that does not issue a Certificate of Title for a Boat. (a) When an application is made for an initial Oregon title, the following boats must be inspected by the Oregon State Police, an Oregon county sheriff's representative, or Marine Board staff: (A) Homemade boats; and (B) Boats not titled and/or registered in Oregon or another state with the exception of new boats when a manufacturer's statement of origin has been submitted. (C) When a boat is currently unavailable for inspection or when it is evident that a typographical error or misinterpretation of a number or letter has occurred, a title and registration may be issued after a pencil tracing (rubbing) or digital photo is submitted, provided: (i) The boat has a title or out of state registration; (ii) There are no stolen records or red flags; and, (iii) The boat is more than 20 years old and/or has an estimated value less than $2,000. (b) The Board at its discretion may inspect any boat before issuing an Oregon title. (3) When an application for a certificate of boat title indicates that the legal owner of the boat is other than the principal owner, the title must be mailed to the legal owner. (4) An application to replace a lost boat title may be made to the Board. A lost boat title must be issued to the title owners indicated in the Board’s records, unless a notarized transfer of title signed by the previous title owners has been submitted in connection with the lost title application. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: OSMB 9-2007, f. & cert. ef. 7-2-07 OSMB 4-2006, f. & cert ef. 7-3-06 MB 5-1997, f. & cert. ef. 5-30-97 MB 3-1984, f. & ef. 1-5-84 Suspended by MB 9-1983(Temp), f. 11-29-83, ef. 12-1-83 MB 24, f. & cert. ef. 3-13-64 MB 12, f. & cert. ef. 3-27-62 MB 10, f. & cert. ef. 11-14-61 MB 8, f. & cert. ef. 6-30-61 MB 1, f. & cert. ef. 2-4-60
250-010-0058 Refunds (1) Pursuant to ORS 293.445(4), the Board will refund amounts more than $10 when it determines that moneys have been received in excess of the amount legally due the Board. (2) If the refund amount owed is $10 or less, a refund shall be paid upon receipt of a written request from the person who paid the money or their legal representative. Statutory/Other Authority: ORS 293 & 830 Statutes/Other Implemented: ORS 830.110 History: OSMB 9-2016, f. 6-30-16, cert. ef. 7-1-16 OSMB 1-2002, f. 4-15-02 cert. ef. 6-1-02 MB 9-1986, f. 7-28-86, ef. 8-1-86
250-010-0059 Reinstatement Fee A fee of $25 shall be charged to reinstate a Certificate of Number for owners of boats who have had a certificate cancelled for failure to appear or failure to comply with a court judgement as provided in ORS 830.815. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 & 830.815 History: MB 1-1992, f. & cert. ef. 3-13-92
250-010-0060 Report of Transfer, Abandonment or Wrecking of a Boat, Change of Address, Late Penalty Fees (1) The owner of a boat for which a valid identifying number has been awarded by this state shall notify the Board within 30 days of the transfer, abandonment, or destruction of the boat. (2) Within 30 days after any change in address, the owner of a boat with a valid identifying number shall report the change to the Board. (3) Title transfers received for processing 31 or more days after transfer, abandonment or destruction shall be assessed a late penalty of $25. All late penalty fees shall be in addition to the prescribed original issuance title fee. (4) The Board will waive the penalty fee for the following reasons: (a) The applicant did not have possession of the title or replacement title form; or (b) The person became physically or mentally incapacitated following the purchase of the vessel, directly preventing or making it impractical for the person to meet requirements for delivery of documents. (5) Examples of situations the Board shall consider to be beyond a person’s control include but shall not be limited to where: (a) The person is involved in an accident or suffers a debilitating illness, condition or occurrence immediately following the purchase of the vessel that prevents this person from conducting business for an extended time period following vessel purchase; (b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title. (6) Examples of situations the Board would not consider to be beyond a person’s control include but shall not be limited to situations where the: (a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale; (b) The applicant made no attempt to obtain the title or replacement title from the seller; (c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 & 830.905 History: MB 8-1992, f. & cert. ef. 6-16-92 MB 17-1987, f. 11-4-87, ef. 1-1-88 MB 1, f. 2-4-60
250-010-0065 County Use Permit Programs (1) This rule establishes standards for review of county use permit programs as authorized by ORS 830.172(2). (2) Applicability. The Board will only consider use permit programs from counties bordering a state that allows imposition of a boat use permit fee. (3) Use of funds. All funds collected by a county from out-of-state residents for a boat use permit shall be dedicated to the maintenance, improvement and/or development of boating facilities and services for boating recreation on waters within the county. The enforcement of boating laws, rules, and use permits is an allowable use of county boat use permit revenues. (4) Amount of fee. Fees should be commensurate with those fees charged to Oregon residents visiting states with boat use permits. Maximum fees shall not exceed the following: (a) Daily permit: $1 per day, 4 days ($4) maximum; (b) Annual permits: Less than 12 feet: $5; 12 feet and over: $5 plus $2 for each foot over 12; (c) A vendor fee/commission not to exceed $2 is allowable. (5) Administration. The proposed ordinance shall also prescribe where permits will be available, proper display of permits, exemptions to permits as set forth in ORS 830.172, permit expiration, and transferability of permits. (6) Enforcement. The county ordinance shall contain a penalty section for violations, and shall state that county sheriffs and other peace officers are authorized to enforce the provisions of the use permit system. (7) The permit system shall clearly identify that Oregon residents with current Oregon registrations are exempt from the county use permit. Manually propelled vessels are also exempt. The permit system shall exempt the Snake River and its reservoirs where such waters form a common border with the State of Idaho, provided that Idaho provides reciprocity on these waters and exempts Oregon vessels on those common waters. (8) The county permit system ordinance shall provide reciprocity with other Oregon counties that require out-of-state boat use permits. Statutory/Other Authority: ORS 830.110 & 830.172 Statutes/Other Implemented: ORS 830.172 & 830.200 History: MB 1-1993, f. & cert. ef. 1-15-93