justicedao/ipfs_state_laws huggingface dataset:
122-040-0060 Failure to Report Substantive Program Changes (1) A state agency that fails to report a substantive program change in a timely manner as required under subsection (1) of 122-040-0020 above shall immediately report to the director. (2) The report to the director shall include: description of the substantive program change; information on the timing of the substantive program change and the date that the change should have been reported to the director; and, explanation of why the substantive program change was not reported as required. (3) The director shall submit a list identifying any substantive program changes that state agencies failed to report with the report submitted to the President of the Senate, Speaker of the House of Representatives, and the Legislative Fiscal Officer required under subsection (2) of this section. The list shall include the information submitted to the department by the state agency under subsection (2) of this section, and shall indicate whether the failure to report was identified by the state agency or discovered by another party. Statutory/Other Authority: ORS 291.373 Statutes/Other Implemented: ORS 291.373(2) History: BMD 8-2003, f. & cert. ef. 12-30-03 BMD 6-2003(Temp), f. & cert. ef. 11-10-03 thru 5-5-04
122-050-0000 Purpose The Oregon Agricultural Commodity Commissions (OACC) occasionally require the services of an outside party to accomplish all or part of a project. The purpose of these rules is to specify the screening and selection procedures which will be used for personal service contracts. Statutory/Other Authority: ORS 183.335(5) History: BMD 2-1992, f. & cert. ef. 4-8-92 BMD 1-1991(Temp), f. & cert. ef. 9-30-91
122-050-0010 Basic Policy (1) The OACC may contract for services when the specialized skills, knowledge, or resources are not available within the Commission; when the work cannot be done in a reasonable time with the Commission’s own work force; when it will be less expensive to contract for the work; when an independent and impartial evaluation of a situation by recognized professional is required; or when the Commission is directed by statute to contract for services. Contracts will be let only after approval of the Commission. (2) Agreements for the services of a contractor who is a member of the Public Employes’ Retirement System and who is employed in another public agency usually will be by interagency agreement. (3) In selecting between two or more equally qualified proposals when awarding contracts, preference may be given to individuals and businesses which have prior successful experience with commodity commissions. Statutory/Other Authority: ORS 183.335(5) History: BMD 2-1992, f. & cert. ef. 4-8-92 BMD 1-1991(Temp), f. & cert. ef. 9-30-91
122-050-0020 Definitions (1) “Competitive Negotiation” (formal process) is a procurement method whereby proposals are requested from a number of sources and the Request for Proposal is publicized. (2) “Non-Competitive Negotiation” (sole source) is procurement through solicitation of a proposal from only one source. (3) “Small Purchase Procedures” (informal process) are those relatively simple and informal procurement methods whereby price or rate quotations are obtained from a number of sources and selection made on the basis of cost and other applicable criteria. Statutory/Other Authority: ORS 183.335(5) History: BMD 2-1992, f. & cert. ef. 4-8-92 BMD 1-1991(Temp), f. & cert. ef. 9-30-91
122-050-0030 Procurement Method (1) Small purchase procedures may be used for the procurement of services costing not more than $10,000. Price or rate quotations shall be obtained from at least three qualified sources. (2) Competitive negotiation shall be used for personal service contracts in excess of $10,000 per agreement per fiscal year and may be used for contracts of less than $10,000. Exceptions may be granted to accommodate one or more of the conditions described in section (3) of this rule with the approval of the Commission. (3) Non-competitive negotiation may be used for contracts if: (a) The item or service is available only from a single source, or the sole source has special skills that are only available based upon his/her expertise or situation; (b) Public need or emergency advises against a delay incident to competitive solicitation; (c) After solicitation of a number of sources, competition is determined inadequate; (d) The contract is a renewal of an existing contract, subject to approval by all required parties. Statutory/Other Authority: ORS 183.335(5) History: BMD 2-1992, f. & cert. ef. 4-8-92 BMD 1-1991(Temp), f. & cert. ef. 9-30-91
122-050-0040 Maintenance of RFP Mailing List The Commission Office shall maintain a Request for Proposals (RFP) Mailing List consisting of persons, businesses, organizations and other entities which have indicated the desire to be notified of contracting opportunities that are available. An OACC Business form will be used to place persons on the list. Statutory/Other Authority: ORS 183.335(5) History: BMD 2-1992, f. & cert. ef. 4-8-92 BMD 1-1991(Temp), f. & cert. ef. 9-30-91
122-050-0050 Competitive Negotiation Procedures (1) A Request for Proposals (RFP) shall be prepared for contracts for which competitive negotiation procedures will be used. The RFP shall include, at a minimum, the following information: (a) Date and hour by which proposals must be received; (b) Description of work; (c) Evaluation specific to contract criteria. (2) Notification of the availability of the RFP shall be mailed to entities on the OACC RFP Mailing List that have indicated expertise in the subject area. (3) Notification of the availability of the RFP shall be advertised in appropriate periodicals. (4) Proposals shall be evaluated in a manner consistent with the evaluation criteria included in the RFP by the Commission or committee thereof. A written document stating why the selection was made will be on file at the Commission office. These are public records and may be reviewed upon request. (5) Exceptions to procedures in sections (2) and (3) of this rule may be granted by the Commission if warranted by time or cost considerations. Statutory/Other Authority: ORS 183.335(5) History: BMD 2-1992, f. & cert. ef. 4-8-92 BMD 1-1991(Temp), f. & cert. ef. 9-30-91
122-060-0010 Approval Process The allotment reductions shall be determined and approved as follows: (1) The Executive Director, Budget and Management Division shall submit a listing of the proposed allotment reductions to the Governor by December 28, 1992 for review and approval. (2) The Governor may approve, modify, or disapprove the proposed allotment reductions. (3) The Budget and Management Division shall notify each agency by Advice of Budget Authorization of its approved allotment reductions by January 11, 1993. (4) Each agency shall submit a revised plan for obligation for each remaining allotment period on a Biennial Allotment Plan by January 31, 1993. Other Funds and Federal Funds savings may be authorized for allotment (rescheduled and reinvested) in the current biennium as long as the savings are used for program expenditures and not for administration. (5) The Budget and Management Division shall approve, modify, or disapprove the allotment plan for each agency. (6) The Budget and Management Division shall notify each agency of the action taken under section (5) of this rule through an Advice of Budget Authorization and certify the allotment reduction to the Executive Department Accounting Division. Statutory/Other Authority: ORS 291.232 - 291.260 History: BMD 1-1993, f. & cert. ef. 1-11-93
122-070-0100 Authority Only the Director of the Department of Administrative Services is authorized by ORS 283.085 to 283.092 to enter into Financing Agreements to acquire real property or personal property for State Agencies. ORS 184.340 authorizes the Department of Administrative Services, with the approval of the Governor, to make reasonable rules and regulations that are necessary or proper for the administration of the law that the Department is charged with administering. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 283.085 - 283.092 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-070-0120 Budget Requests for Financing Agreements (1) Any Benefiting Agency intending to acquire real property or personal property, including software, using a Financing Agreement that exceeds $100,000 and that will create a payment obligation that covers multiple biennia must notify the Finance Manager as a part of the budget preparation process in accordance with the Department’s Budget & Legislative Concepts Instructions. (2) Benefiting Agencies that have identified the need for Financing Agreements during their budget preparation process may receive priority for the Director’s approval in the event demand exceeds the available biennial authority or limitation for Financing Agreements. (3) Benefiting Agencies requesting approval for Financing Agreements will make such request in the form prescribed by the Department. (4) For State Agencies subject to ORS 276.429, when requesting approval of Financing Agreements to acquire office quarters, such Agencies will provide: (a) Evidence that the action has received approval from the Legislative Assembly; or (b) Such information as is requested by the Director so that the planned action can be reported to the legislative review agency established in ORS 291.371 prior to the Director’s approval. (5) For State Agencies not subject to ORS 276.429, requests for approval of Financing Agreements to acquire office quarters shall include evidence that such acquisitions are authorized under the Agency’s governing laws, rules or policies. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 283.085 - 283.092 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-070-0130 Approval and Execution of Financing Agreements (1) The acquisition of any capital asset by a State Agency that is paid through a Financing Agreement must be done in accordance with the procedures established in ORS 283.087 to 283.092 if the principal portion of the agreement exceeds $100,000. (2) The acquisition of any software or capital asset may not be divided into parts with each part being less than $100,000, to avoid the Financing Agreement approval process. The Department will combine each component of a “single project” to determine if the principal amount of the financing for the project exceeds $100,000. If the principal amount exceeds $100,000 the financing is subject to ORS 283.087 to 283.092. (3) A "single project" will be determined to exist if: (a) A State Agency is acquiring two or more items using separate Financing Agreements when the total principal sum of the Financing Agreements exceeds $100,000; (b) The items perform or contribute to the same general function at a particular location or as part of an interdependent system; and (c) Are proposed to be acquired under a continuing appropriation or within the same biennium. (4) If the principal amount of the Financing Agreement exceeds $100,000, it must be executed by the Director. The form of the proposed agreement must be submitted to and approved by the Director at least 14 business days before the expected closing of the financing. (5) The Director is the only state officer authorized to enter into Financing Agreements under ORS 283.087 to 283.092. The Deputy Director may execute a Financing Agreement in lieu of the Director under ORS 184.335. (6) In cases of Financing Agreements approved in writing by the State Treasurer, or the Treasurer’s designee, and the Director to acquire equipment through the Department of Administrative Services, State Services Division in accordance with the Public Contracting Code, the Director's approval of the terms of a proposed Financing Agreement, with such changes, if any, as are authorized by the Director, will serve as direction to the State Services Division Administrator to execute the Financing Agreement under the Director's authority. (7) Requests for approval of Financing Agreements will be made in the manner, and on forms as directed by the Department. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 283.085 - 283.092 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-070-0150 Management of Proceeds (1) All proceeds from Financing Agreements must be separately accounted for and held in separately designated accounts in the Oregon State Treasury or with an independent trustee. The Benefiting Agency and the Department shall exchange information to ensure that the proceeds are spent only on lawfully authorized expenditures and, if funded with a Tax-advantaged Financing Agreement, are in compliance with any provision of the Internal Revenue Code and applicable regulations. The Benefiting Agency shall consult with the Department and follow its directives with respect to appropriate accounting and record keeping for such expenditures. (2) Any reserve account equal to the maximum allowable reserve authorized in the Internal Revenue Code at the time Certifications of Participation are issued will be held by an independent trustee. Interest earnings on the reserve will be used to pay debt service on the certificates, after the payment of any arbitrage earnings payable under the Internal Revenue Code, when due. (3) The Department will not disburse to a local government or other public body the proceeds of any Financing Agreement(s) entered into for the purposes of infrastructure described in ORS 283.085(4)(a)(B) or (C) until the recipient of the proceeds has entered into an agreement with the State of Oregon that is in form and substance satisfactory to the Director regarding the deposit and expenditure of the proceeds, nature and use of the project(s) to be financed with the proceeds and, if applicable, compliance with provisions of the Internal Revenue Code and procedures necessary to maintain the Tax-advantaged status of the Financing Agreement from which the proceeds were derived. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 283.085 - 283.092 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-075-0100 Authority The Department of Administrative Services is authorized to administer certain state borrowing programs for the benefit of State Agencies including but not limited to the programs described below: (1) Lottery bond financings authorized by ORS 286A.560 to 286A.585 and 327.700 to 327.711, issued by the State Treasurer with the concurrence of the Director of the Department of Administrative Services. (2) Credit agreements, notes, warrants, short-term promissory notes, commercial paper or other obligations in anticipation of taxes, grants or other revenues issued by the Oregon State Treasurer and authorized by ORS 286A.045 to 286A.050. (3) General obligation bonds issued by the State Treasurer for the Oregon Opportunity Program under ORS 353.550 to 353.563 and chapter 921 of Oregon Laws 2001. (4) Oregon Appropriation Bonds authorized under 2003 Oregon Laws Chapter 11 or subsequent legislation, issued by the State Treasurer with the concurrence of the Director of the Department of Administrative Services. (5) General obligation bonds for water power, pension liabilities, and seismic rehabilitation projects authorized by ORS 286A.710 to 286A.792. Statutory/Other Authority: ORS 184.340. Statutes/Other Implemented: ORS 286A.045 - 286A.050, 286A.560 - 286A.585, 286A.710 - 286A.792, 353.550 - 353.563; 2001 OL ch. 921 & 2003 OL ch. 11 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-075-0110 Definitions Unless the context indicates otherwise, capitalized terms used in this Chapter 122, Division 75 of the Oregon Administrative Rules shall have the following meanings: (1) Benefiting Agency refers to a State Agency or Division of the Department of Administrative Services whose borrowing program is administered by the Department of Administrative Services. (2) Bonds mean any contractual undertaking or instrument of the State of Oregon to repay borrowed moneys that are administered for another State Agency by the Department of Administrative Services or for which the Department of Administrative Services provides administrative assistance, including but not limited to the borrowings described in OAR 122-075-0100. A Bond does not include financing agreements entered into under ORS 283.085 to 283.092 and division 70 of this chapter. (3) Department means the Department of Administrative Services, Budget and Management Division. (4) Director means the Director of the Department of Administrative Services. (5) Finance Manager means the Capital Finance Manager of the Capital Investment Section of the Department of Administrative Services, Budget and Management Division. (6) State Agency or Agency means any statewide elected officer, board, commission, department, division, authority or other entity that is within state government as defined in ORS 174.111. (7) Tax-advantaged refers to a benefit provided by a governmental authority to the issuer or a holder of a bond or other evidence of indebtedness in the form of exemption from taxation, a tax-deferral or a tax credit to the holder of the indebtedness, an interest rate subsidy payment to the issuer, or any other type of financial benefit. Qualification for such treatment generally requires ongoing compliance with various laws and regulations by the issuer. Statutory/Other Authority: ORS 184.340. Statutes/Other Implemented: ORS 286A.045 - 286A.050, 286A.560 - 286A.585, 286A.710 - 286A.792, 353.550 - 353.563; 2001 OL ch. 921 & 2003 OL ch. 11 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-075-0120 Budgeting for Department of Administrative Services Administered Bonds (1) Any Benefiting Agency intending to issue Bonds in the upcoming biennium must notify the Finance Manager as a part of the State Agency budget preparation process in accordance with the Department’s Budget & Legislative Concepts Instructions. (2) The Department will: (a) Assist any Benefiting Agency in developing debt service budgets for its outstanding Bonds; (b) As applicable, bill and collect from all Benefiting Agencies their respective portion of debt service relative to each agency’s outstanding Bonds; (c) Send moneys that are collected from Benefiting Agencies to the trustee or the appropriate paying agent for all payments due under the Bonds related to such Benefiting Agency; (d) At the direction of the State Treasurer, manage the investments of Bond sale proceeds or debt service funds, if any, that are held by a trustee. The interest earnings from any investment of moneys by a trustee may be credited to the appropriate Benefiting Agency, or against the next installment of principal and interest due on outstanding Bonds of the Benefiting Agency at the next payment date, at the discretion of the Department. When allocating such interest earnings, the department may take any actions necessary to achieve cost-effective administration, provided such actions do not have a materially adverse impact any Bonds or the funds or accounts used to pay them; and (e) After any Bonds are completely paid and no longer outstanding, provide to the appropriate Benefiting Agency any remaining moneys, together with interest earnings to be recorded under generally accepted accounting principles. Statutory/Other Authority: ORS 184.340. Statutes/Other Implemented: ORS 286A.045 - 286A.050, 286A.560 - 286A.585, 286A.710 - 286A.792, 353.550 - 353.563; 2001 OL ch. 921 & 2003 OL ch. 11 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-075-0150 Management of Bond Proceeds (1) All Bond sale proceeds intended for program purposes will be held in the appropriate funds or accounts designated by ORS chapter 286A at the Oregon State Treasury, or as may be otherwise designated by a trust indenture or other law. The Benefiting Agency and the Department shall exchange information to ensure that Bond sale proceeds are spent only for lawfully authorized purposes and, if derived from Tax-advantaged Bonds, are used in compliance with any provision of the Internal Revenue Code and applicable regulations. The Benefiting Agency shall consult with the Department and follow its directives with respect to appropriate accounting and record keeping for such expenditures. (2) Any reserve account equal to the maximum allowable reserve authorized in the Internal Revenue Code at the time the Bonds are issued shall be held by an independent trustee or in the appropriate fund or account designated by ORS chapter 286A or other statutes in the Oregon State Treasury. Interest earnings on the reserve shall be used to pay debt service on the related Bonds after the payment of any arbitrage earnings payable under Internal Revenue Code, when due. Statutory/Other Authority: ORS 184.340. Statutes/Other Implemented: ORS 286A.045 - 286A.050, 286A.560 - 286A.585, 286A.710 - 286A.792, 353.550 - 353.563; 2001 OL ch. 921 & 2003 OL ch. 11 History: BMD 1-2012, f. 1-26-12, cert. ef. 2-1-12
122-085-0100 Statement of purpose The purpose of these rules is to provide criteria to determine when Mandatory Collection Agency Transfer (MCAT) accounts are subject to assignment or exempt from assignment to DOR-OAA under Oregon Revised Statute (ORS) 293.231. This rule also provides information on how a state agency may request an exemption from the statutory assignment timeframe referenced in ORS 293.231. Statutory/Other Authority: ORS 293.231 & 293.233 Statutes/Other Implemented: ORS 293.231(5), 293.231(6)(c), 293.233(1) & 293.233(2) History: DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018 DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018