justicedao/ipfs_state_laws huggingface dataset:
141-145-0055 Renewal of Authorizations (1) Access authorizations and leases are eligible for renewal. (2) The holder of an access authorization may renew for one (1) additional term. (3) The holder of a lease may renew for additional terms. (4) The holder of an easement may apply for a new easement prior to the expiration of the term. (5) The holder of an access authorization or lease shall exercise the right to renew not less than 90 calendar days prior to the expiration of the then current term. If the holder fails to renew within the time required, the authorization will terminate at the expiration of the current term. (6) To exercise the right to renew, the holder must submit to the Department: (a) A written statement, on a form provided by the Department: (A) Notifying the Department of the holder’s intent to renew; (B) Certifying that the uses or structures that are the subject of the existing authorization are consistent with local, state, and federal law; and (C) Certifying that the existing uses and structures are consistent with the existing authorization. (b) A non-refundable renewal fee of $375, payable to the Department. (7) Upon receipt of the required information and renewal fee, the Department shall determine, in its sole discretion, whether: (a) The right to renew was exercised not less than 90 calendar days prior to the expiration of the then current term of the authorization; (b) The holder has fully complied with the terms of the current authorization, the applicable statutes, or Oregon Administrative Rules; and (c) The holder has fully complied with any other authorizations granted to them by the Department. (8) If the Department determines that the renewal complies with the requirements of OAR 141-145-0055(5), the Department will provide written notice to the holder that the authorization has been renewed for the additional term stated in the notice. (9) Compensation for the use of state-owned land shall be re-calculated upon renewal in accordance with in OAR 141-145-0060. Compensation shall be due prior to the issuance of the renewal. (10) As a condition of renewal, the Department may amend the terms and conditions of the authorization at the time of renewal. (11) If the Department determines that the renewal does not comply with the requirements of OAR 141-145-0055, the Department will provide written notice to the holder that the authorization will not be renewed. In that event, the authorization will terminate at the expiration of the current term. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0065 Assignment of Authorizations (1) An access authorization is not assignable. (2) The holder of an easement or lease in good standing can assign its easement or lease with prior written consent of the Department. (3) To assign an easement or lease, the holder must submit to the Department a: (a) Notice of proposed assignment on a form provided by the Department at least 60 calendar days prior to the date that the assignment is to occur; and (b) Non-refundable administrative processing fee of $750, payable to the Department. (4) The Department may reject an assignment if: (a) The assignee’s financial status, past business, or management practices or experience indicates to the Department that the assignee may not: (A) Be able to fully meet the terms and conditions of a lease or easement; or (B) Be able to fully comply with all applicable terms or conditions of the Order under which remediation is being conducted, including without limitation, terms and conditions related to ongoing monitoring and maintenance, insurance, indemnification and financial assurance; or (C) Use the land applied for in a way that is consistent with the provisions of these rules. (b) The assignee is not in compliance with the terms and conditions on any other authorization granted to them by the Department. (5) The Department may request additional information concerning the proposed assignment. (6) The Department may condition the assignment on the assignor retaining responsibility for some or all of the terms and conditions in the lease or easement guaranteeing the performance of the assignee. (7) An assignment does not take effect until the Department authorizes it in writing. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0070 Termination of Authorizations (1) If a holder fails to comply with these rules, the terms and conditions of an authorization, or violates other laws covering the use of the authorized area, the Department shall notify the holder in writing of the default and demand correction within a specified time frame. (2) If a holder fails to correct the default within the time frame specified, the Department may take one or more of the following actions: (a) Modify the authorization; (b) Terminate the authorization; (c) Request the Attorney General to take or cause to be taken appropriate legal action against the holder. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0075 Removal of Unauthorized Structures The Department may pursue the removal of unauthorized structures on state-owned submerged and submersible land through Division 82; Rules Governing the Management of, and Issuing of Leases, Licenses and Registrations for Structures on, and Uses of State-Owned Submerged and Submersible Land. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0080 Closure of Submerged and Submersible Land Subject to Remedial Activity or Habitat Restoration to Public Use (1) State-owned submerged and submersible land must remain open to Public Trust Uses unless a restriction is approved by the Department or other agencies with jurisdiction over navigation or public safety. (a) Notwithstanding the provisions of division 88, a holder may close all or a portion of the authorized area to Public Trust Uses, or restrict Public Trust Uses within all or a portion of the authorized area, provided the closure or restriction is: (A) Reasonably necessary to protect persons and property from harm arising from holder’s authorized use of the submerged and submersible land; (B) Limited in duration; and (C) Limited in scope. (b) If the proposed closure or restriction is wholly or partially within the navigation channel of the waterway as established by the United States Coast Guard, or is located in such a way as to increase traffic in or otherwise impact use of the navigation channel, holder shall consult with the United States Coast Guard, the Oregon Marine Board and any applicable port prior to implementing the closure or restriction. Holder must comply with all requirements imposed by the United States Coast Guard and the Oregon Marine Board. (c) The holder must provide written notice to the Department no less than fourteen (14) days prior to the implementation of any closure or restriction. The written notice must identify the need for and the scope, and duration of the closure or restriction, and must certify that holder has consulted and received approval from the United States Coast Guard and the Oregon Marine Board regarding the closure or restriction, if required under OAR 141-145-0080(1)(b). (d) The Department, in its sole discretion, may at any time require holder to terminate or modify the closure or restriction. The Department, in its sole discretion, may at any time require the closure or restriction to be established pursuant to Division 88. (2) The Director may impose restrictions on, or close state-owned land if the Director determines that the restriction or closure is necessary to facilitate or protect any removal or remedial action undertaken by or pursuant to an order issued by ODEQ or EPA. (3) The procedures for imposing these restrictions are set forth in OAR 141-088-0008. (4) The State Land Board may impose restrictions on or close state-owned land if the State Land Board determines that the restriction or closure is necessary to facilitate or protect a habitat restoration project. (5) The procedures for imposing these restrictions are set forth in OAR 141-088-0006 Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0085 Civil Penalties (1) The unauthorized use of state-owned land managed by the Department constitutes a trespass. (2) In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty of not less than $50 per day, and not more than $1,000 per day of violation of any provision of these rules or ORS 274 that occurs on state-owned submerged and submersible lands pursuant to ORS 274.992. (3) The Director will give written notice of a civil penalty incurred under OAR 141-145-0085(2) by registered or certified mail to the person incurring the penalty. The notice will include, but not be limited to the following: (a) The particular section of the statute, rule, or written authorization involved; (b) A short and clear statement of the matter asserted or charged; (c) A statement of the party's right to request a hearing within twenty (20) calendar days of the date of service of the notice; (d) The time allowed to correct a violation; and (e) A statement of the amount of civil penalty which may be assessed and terms and conditions of payment if the violation is not corrected within the time period stated. (4) The person incurring the penalty may request a hearing within 20 calendar days of the date of service of the notice provided in OAR 141-145-0085(3). Such a request must be in writing. If no written request for a hearing is made within the time allowed, or if the party requesting a hearing fails to appear, the Director may make a final order imposing the penalty. (5) The amount of a civil penalty will be not less than $50 per day, or more than $1,000 per day for violation of an authorization issued under ORS 274.040 or violation of any administrative rule adopted under ORS 274.040. (6) In imposing a penalty under OAR 141-145-0085 of these rules, the Director will consider the following factors as specified in ORS 274.994: (a) The past history of the person incurring a penalty with regard to other trespasses on state-owned land managed by the Department and the willingness of the person to take all feasible steps or procedures necessary or appropriate to correct any violation; (b) Any prior violations of statutes, rules, orders and authorizations pertaining to submerged and submersible lands; (c) The impact of the violation on public trust uses of commerce, navigation, fishing and recreation; and (d) Any other factors determined by the Director to be relevant and consistent with the policy of these rules. (7) Pursuant to ORS 183.745(2), a civil penalty imposed under OAR 141-145-0085 will become due and payable 10 calendar days after the order imposing the civil penalty becomes final by operation of law or on appeal. (8) If a civil penalty is not paid as required by OAR 141-145-0085, interest will accrue at the maximum rate allowed by law. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0090 Appeals (1) An applicant for an authorization, or any other person adversely affected by a decision by the Department under these rules may appeal the decision to the Director. (a) Such an appeal must be received by the Director no later than 30 calendar days after the delivery of the decision. (b) The Director will decide the appeal within 60 calendar days after the date of delivery of the appeal. (c) The Director may affirm the decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal. (2) When an applicant for an authorization to use state-owned submerged and submersible land or any other person adversely affected by a decision of the Department concerning an authorization has exhausted the appeal process before the Director, they may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
142-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, repeal of any rule, the South Slough National Estuarine Research Reserve Management Commission shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least fifteen (15) days prior to the effective date. (2) By mailing a copy of the Notice to persons on the Commission's mailing list established pursuant to ORS 183.335(6). (3) By submitting a copy of the Notice to all of the newspapers published in Coos County, Oregon. (4) By mailing a copy of the Notice to the Department of Fish and Wildlife, the Department of Environmental Quality, the State Forestry Department, and the Coos County Board of Commissioners. Statutory/Other Authority: ORS 183.335, 183.341 & 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 1-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 1-1978, f. & cert. ef. 11-2-78
142-001-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Division of State Lands and the State Land Board adopt the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act as amended October 3, 2001. [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 Division of State Lands, South Slough National Estuarine Research Reserve.] Statutory/Other Authority: ORS 183.335, 183.341 & 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 2-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-2002, f. & cert. ef. 7-12-02 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 1-1984, f. & cert. ef. 3-30-84 SSES 1-1982, f. & cert. ef. 2-25-82 SSES 1-1980, f. & cert. ef. 12-23-80 SSES 2-1978, f. & cert. ef. 12-1-78
142-005-0005 Notification of Research Any person(s) planning to conduct research within the South Slough National Estuarine Research Reserve must submit a description of their proposed research no later than 30 days prior to the onset of the research project with their request for permission to conduct research. Written permission must be obtained from the Manager of SSNERR before initiating any research. The researcher(s) must also agree to submit a report of their findings to South Slough National Estuarine Research Reserve, no later than six months after the completion of field work. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 3-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98
142-005-0010 Temporary Structures Temporary structures for research or educational purposes are permitted for the duration of the project. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 4-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98
142-010-0005 Purpose These rules are designed to complement the primary management objectives and the primary scientific objectives of the South Slough National Estuarine Research Reserve by regulating public use of the Reserve. The primary management objective of the Reserve is to maintain the integrity of the estuary; to protect it from both internal and external sources of stress which may alter or affect the nature of the ecosystem and to preserve the area for long-term scientific and educational uses. All publicly owned areas of the Reserve are available to scientists, students and the general public on a basis desirable and permissible for coordinated research and educational uses and for other compatible uses to the extent they do not interfere with the primary management and scientific objectives. These rules are adopted in accordance with plans and policies defined in the South Slough National Estuarine Research Reserve Management Plan; Oregon Revised Statutes (ORS 273.553 et seq.); the federal Grant-in-Aid (fi04-4-158-12001, as amended); and Section 315 of the Coastal Zone Management Act of 1972 as amended. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 5-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0015 Permitted Activities Subject to action by the Commission taken under rules 142-010-0025 and 142-010-0030, the following noncommercial uses of the Reserve are permitted without special restrictions. State and federal regulations will govern these activities where applicable: (1) Canoeing and rowboating; (2) Aesthetic appreciation; (3) Recreational fishing; (4) Hiking; (5) Wildlife observation. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 8-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0021 Prohibited Activities The following uses of the Reserve are prohibited activities as determined by the Commission, by authority of ORS 273.553(3): (1) Commercial bait gathering; (2) Commercial timber harvest; (3) Commercial mineral removal; (4) Discharge of firearms for pleasure shooting or for target practice; (5) Picking of forest greenery and cascara bark gathering for commercial purposes. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 9-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82
142-010-0025 Public Health, Safety, and Welfare The Manager is authorized to take actions necessary for maintaining public health, safety, and welfare. The Manager's actions under such authority shall be consistent with the primary objectives of the Reserve. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 11-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0030 Temporary Closure Any activity may be suspended or any area closed if necessary for the conduct of appropriate scientific research, stewardship and educational activities. Such closure will occur only after consultation with the Advisory Group, and with approval of the Commission. If, based on the scientific data and knowledge acquired and on scientific judgment, uses are found to have a detrimental or adverse impact, actual or potential, on the ecosystem or resources thereof, appropriate agencies of the State of Oregon shall take immediate action to control such uses so as to remove or negate their impacts and restore the system to its natural state as it was prior to such activities. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 12-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0035 Roads and Trails Roads and trails other than those authorized by the Commission will be closed. No roads or trails will be constructed without approval of the Commission. Access to Reserve lands shall be on authorized roads and trails only, and not through private property unless the state has acquired an easement. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 15-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0040 Leases and Rentals Any fee for a lease or rental approved by the Commission for any use of the Reserve lands or buildings shall be at fair market value. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 17-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0045 Short-Term Use of Facilities Overnight use of buildings and facilities is permitted upon approval by the Manager. Employee housing can be provided in a manner consistent with applicable policy governing use of state owned property by state employees (ORS 182.425 and 182.435). See OAR 142, division 015 for applicable fees. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 16-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-2008, f. & cert. ef. 4-14-08 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 1-1985, f. & cert. ef. 7-24-85 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0050 Violation of Rules Violation of these rules is punishable, upon conviction, by a fine of not more than $100 for each day of violation, as set forth in ORS 273.558. The Commission may appropriately appeal for injunctive relief and pursue civil remedies which require the rehabilitation or restoration of Reserve lands damaged in violation of these rules. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 14-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0055 Review of Rules ORS 273.557 provides for State Land Board review of Commission rules. Individuals or organizations concerned about possible improper use or restriction of use of the Reserve may petition the State Land Board or the Office of Coastal Zone Management for review of the management program. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 13-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-010-0060 Amendment of Rules These rules are subject to amendment by the Commission in accordance with the Attorney General's Model Rules of Administrative Procedure. Amended rules must be consistent with the policies of the Reserve Management Plan. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.553 - 273.558 History: SSNER 10-2020, minor correction filed 03/11/2020, effective 03/11/2020 SSNER 1-1998, f. & cert. ef. 7-15-98 SSES 2-1982, f. & cert. ef. 3-2-82 SSES 2-1980, f. & cert. ef. 12-23-80
142-015-0000 Purpose OAR 142-015-0000 to 142-015-0050 identify the facilities, equipment and educational and technical services provided by the South Slough National Estuarine Research Reserve for which fees are required, and establish the process that will be used to establish and revise those fees. Statutory/Other Authority: ORS 273.554 Statutes/Other Implemented: ORS 273.554(2) History: SSNER 1-2008, f. & cert. ef. 4-14-08